Forum Moderators: not2easy
Even linking to the problematic content on another site could be a problem:
"that those responsible for the link (a) know at the relevant time that the offending material is on the linked-to site, (b) know that it is circumvention technology that may not lawfully be offered, and (c) create or maintain the link for the purpose of disseminating that technology."
At the maximum damages of $2500 per "offer", that's $875,000,000 in damages.
Guess Google can afford it. Wonder if the lawyers are falling over each other offering to be the ones to go for it?
The word "know" has a specific legal meaning. It include intent to do the bad act.
Google doesn't "know" as defined by the statute because they did not set out to specifically display links for dvd hacks. They set out to make all content on the web searchable - even though they knew that might include some illegal content, they didn't intend to display it.
Further, google and other isp's are protected as long as they take down the content when contacted by an IP holder.
