Up-front disclaimer: I am in no way defending the parasites at CR...
| xstylus wrote: | | What you're doing is, in a sense, extortion. You post other people's work, force them to devote resources to hunting it down, and extort the companies into coming into some sort of agreement with you since it's clear you'll do nothing proactive to keep unauthorized works off your site. |
If they were like youtube, where they just host videos people upload, and followed all the DMCA Safe Harbor provisions, they would be fine. A site like YT can't possibly pre-screen all the videos that are uploaded, because they can't know for certain that a user does or does not have permission from whomever to upload it. Not to mention the sheer quantity of videos uploaded per hour. With YT, the user has to check a box that says "I have permission from the owner of this content to upload it here." As far as YT knows, they do. They can't know the contrary until the owner of the content sends a DMCA notice to the appointed contact.
However, it is my understanding that CR, while taking user uploads, also posts stuff themselves which they almost certainly didn't obtain the rights to.
| xstylus wrote: | | And that's where you have the companies in a headlock. I'm sure you're well aware of the fragile state of the industry, and I'm sure you're also aware they can't afford to blow money on sueing your ass to kingdom come like you deserve. However, since they're not willing to do so, you constitute that as consent to continue going about your business, waiting for them to come crawling to you to sign some sort of deal. |
With the almost-certain outcome of any lawsuit, they could possibly get their lawyer to work for nothing up-front, for a promise of a chunk of the damages award. Plus, if it were a a criminal case rather than a civil suit, it might actually be prosecuted by a government prosecutor. |
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