- Scribd is a publisher, not a service provider, and therefore should not be granted the DMCA's safe harbor provisions.
- Scribd knows that they publish copyrighted material.
- Scribd profits from publishing the copyright material.
- When a content creator requests that content be removed, Scribd retains a copy of that material for use in later identifying copyrighted material, without the permission of the content creator.
- Additionally, Scribd allows authors to upload their works to the copyright protection system in order to be recognized when uploaded by a user, but Scribd requires the content creator waive their right to sue Scribd before they may do so.
- Case law originating on the west coast is popularly interpreted as granting companies like Scribd safe harbor provisions.
The book that resulted in the case, "Stocks and Bonds, Profits and Losses", is a children's book written in 1984 (published 1985) which is now out of print.
Comments
Summary:
- Scribd is a publisher, not a service provider, and therefore should not be granted the DMCA's safe harbor provisions.
- Scribd knows that they publish copyrighted material.
- Scribd profits from publishing the copyright material.
- When a content creator requests that content be removed, Scribd retains a copy of that material for use in later identifying copyrighted material, without the permission of the content creator.
- Additionally, Scribd allows authors to upload their works to the copyright protection system in order to be recognized when uploaded by a user, but Scribd requires the content creator waive their right to sue Scribd before they may do so.
- Case law originating on the west coast is popularly interpreted as granting companies like Scribd safe harbor provisions.
The book that resulted in the case, "Stocks and Bonds, Profits and Losses", is a children's book written in 1984 (published 1985) which is now out of print.