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Anyone Streaming The Game? NU vs. ASU


dustyshelf

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The second safe-harbor provision relates to links you post to other online material located elsewhere. This safe-harbor provision is found in section 512(d), and it states that an online service provider will not be held liable for money damages "for infringement of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link." (emphasis added). If you linked to material without knowing that it infringed copyright, the language of this section appears to relieve you of liability, so long as you

 

* do not have actual knowledge that the material you linked to is infringing, or know any surrounding facts that would make the infringement apparent;

* do not receive any financial benefit directly attributable to the infringing activity if you have the ability to control such activity; and

* act expeditiously to remove or disable access to the infringing material (such as by taking away the link) upon obtaining knowledge or awareness that the material is infringing or upon receiving a properly drafted notice of infringement

 

Basically, Huskerboard should have a "Dont ask, Dont Tell" policy.

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The second safe-harbor provision relates to links you post to other online material located elsewhere. This safe-harbor provision is found in section 512(d), and it states that an online service provider will not be held liable for money damages "for infringement of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link." (emphasis added). If you linked to material without knowing that it infringed copyright, the language of this section appears to relieve you of liability, so long as you

 

* do not have actual knowledge that the material you linked to is infringing, or know any surrounding facts that would make the infringement apparent;

* do not receive any financial benefit directly attributable to the infringing activity if you have the ability to control such activity; and

* act expeditiously to remove or disable access to the infringing material (such as by taking away the link) upon obtaining knowledge or awareness that the material is infringing or upon receiving a properly drafted notice of infringement

 

Basically, Huskerboard should have a "Dont ask, Dont Tell" policy.

The "safe-harbor" provision is of somewhat dubious protection given various court decisions, particularly for a moderated board, which this is. Also, note that one of the conditions is that there is no actual knowledge that the material to which you are linking is infringing. That alone kills any protection - the game is being broadcast through a PPV arrangement, which means that the broadcaster has exclusive use of the material with the permission of the University.

 

The second provision is also a problem. Since the Board is operated in part from ads, and the ads are based on various stats that include hits, it can certainly be argued that the Board would generate financial benefit from having links to any streams.

 

The third provision is the final one. Since we meet (at least arguably) the first two conditions, any post with a stream link would obligate us to remove it anyway.

 

We're not trying to be hard asses here - but we have had contact with the University over other issues, so we know that they do monitor us to some extent. So, please - no links. Thanks.

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If you get a link please email me. I don't have any place to watch the game. kevinmenefee@yahoo.com

Thanks

 

Look hard and look fast when the game comes up, last week i found a stream, invited a few people from various areas, ended up only being 20 people watching the stream, it seems those that found it around half time couldnt get the stream to work, so that's my advice on that.

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