But didn't you say that mangadex is not doing anything wrong, it's just an upload site, just like youtube so it's not piracy and not in violation of any related laws? What are they being afraid of then.
(just youtube is being hit with lawsuits over copyright violations and not removing enough pirated content all the time and they have overly aggressive automated systems for that).
Because youtube is expected to obey lawful takedown requests, obviously.
Duh.
Is it making sense now? If youtube refuses the takedown request, then the copyright holder would have grounds to sue in a court of law and seek damages.
Im not sure how you thought that was a flaw or a loophole in my logic. You really dont even make any sense...
There are a lot of other precedent based cases that exist for this situation. Perhaps the most notable is Napster.
Napster was a file sharing service that was frequently used to trade illegal pirated music files between users.
In 2000, the American musical recording company A&M Records along with several other recording companies, through the Recording Industry Association of America (RIAA), sued Napster (A&M Records, Inc. v. Napster, Inc.) on grounds of contributory and vicarious copyright infringement under the US Digital Millennium Copyright Act (DMCA). Napster was faced with the following allegations from the music industry:
1.) That its users were directly violating the plaintiffs' copyrights.
2.) That Napster was responsible for contributory infringement of the plaintiff's copyrights.
3.) That Napster was responsible for the vicarious infringement of the plaintiff's copyrights.
Napster lost the case in the District Court but then appealed to the U.S. Court of Appeals for the Ninth Circuit.
Although it was clear that Napster could have commercially significant non-infringing uses, the Ninth Circuit upheld the District Court's decision. Immediately after, the District Court commanded Napster to keep track of the activities of its network and to restrict access to infringing material when informed of that material's location. Napster wasn't able to comply and thus had to close down its service in July 2001. In 2002, Napster announced that it had filed for bankruptcy and sold its assets to a third party.
But again, Napster shut down because they could not comply with the court order, specifically, "to keep track of the activities of its network and to restrict access to infringing material when informed of that material's location."
Is it ringing through to you yet? Unlike Napster, Mangadex can keep track of its users and material and follow take down requests. And thats what its going to do in regards to obeying the take down requests.
