Wouter Verhelst writes: > If salsa is hosted at a location that is under the jurisdiction of the > DMCA, then we would *have* to do anything about it before going to a > judge. That's how that (crappy) law works.
You can force them to be the ones who file suit. They file a DMCA notice with the hoster, who takes the item down and notifies you. This places the hoster in the "safe harbor". You can then file a counter-notice asserting that the item does not infringe and they can then put it back up and remain in the safe harbor. The complainant then has 30 days to file suit against you (not the hoster) and get her to issue an order to the hoster to take the item down. If they fail to file suit within 30 days they are SOL. Of course, you do have to be prepared to defend if they do file suit and pay damages if you lose, but that would be the case in the absence of the DMCA safe harbor provision except that the hoster would be on the hook as well. You and the hoster would learn about the suit when the summons arrived. With the DMCA safe harbor provision the hoster is held harmless as long as they follow the rules, and there is a well-defined notice procedure which the complainant must follow. -- John Hasler jhas...@newsguy.com Elmwood, WI USA
