rmssetc
Contributor
This is precisely why we only respond to Original Copyright Owners. We do not actively attempt to enforce copyright, but we'll gladly remove any material when approached by the original owners of the copyright.
Sure, that's the basic requirement of the DMCA, no question there.
I'm curious about whether the active moderation moves SB out of the protection of the safe harbor provisions.
For example, imagine a moderator is actively following a thread on say, a film maker who died while diving using a rebreather, and the moderator is moving postings to different threads, editing some posts, and deleting others. Those actions take place with the approval of Scubaboard (the company) by virtue of the fact that the moderator has been given those special powers. The moderation actions also take place in the absence of specific user complaints -- posts are moved/edited/removed at the moderator's discretion, not in response to a request. In the course of reading postings, the moderator sees images that were uploaded to SB in violation of copyright and does not moderate (ie., remove) those copyrighted images. Does this expose SB to liability because it is no longer simply a passive conduit of user-provided content (an OSP), but has taken on a role of curating the content?
I sincerely hope you've had this discussion with actual IP lawyers, rather than random people posting on some internet message board.
