"Safe Harbor" Becomes the Ace in the Hole for Search Engines

by ajunecat on 2008-12-11 10:08:27

After the "safe harbor" principle was established, and after hearing a chorus of approval from the internet, let's take a look at what exactly is being protected by this "safe harbor" that experts believe can rescue search engines embroiled in copyright disputes and is hailed as "promoting the prosperity of China's internet content industry." —— The rampant proliferation of digital piracy, represented by MP3s, has spread to movies and books; the loss of conscience in shielding the truth, making search results disregard rules and only recognize money; for cases where "knowingly or should have known that the linked works, performances, or audio-visual recordings are infringing," the "safe harbor" principle cannot be applied, and turning a blind eye becomes the best option—even if the probability of knowing approaches 100%, it is still openly claimed that "it shouldn't and couldn't be known"; being embroiled in lawsuits and at the center of controversy, as long as there's the "safe harbor," even if a tsunami of defeat comes, it's just a matter of patching up a hole worth tens of thousands, without hindering the journey or more aggressive progress in other directions... On the contrary, for those who wish to assert their rights, the "notice" requirement before filing a lawsuit is so strict that even a slight error becomes a powerful weapon for the other side...