Google believes that filelockers are protected by the DMCA law. It would be from the copyright holders to prove that the filelockers, the DMCA does not follow. The statement serves as a response to the lawsuit between Hotfile and the MPAA.
Bestandshostingproviders, also known as filelockers, according to Google protected against complaints on the infringement of copyrights by the U.s. DMCA law. That let the company know to the court in a amicus-curiae-brief.
That protection would be the result of the proposition that providers of user-submitted content, where, among others, Facebook, Hotfile and Youtube on a large scale make use of, not responsible for infringing files on their service. In the document notifies Google that the DMCA plaintiffs required to prove that a provider has nothing undertaken with the knowledge of the presence of infringing material. The copyright holders are responsible for the monitoring of infringing material.
According to the company ignores the MPAA, in its lawsuit with Hotfile, this is the starting point of the DMCA law. The copyright owner is required to submit the exact location of the auteursrechtschendende material to be specified, otherwise the indictment is not valid. With the letter is to Google, especially to make clear that it is the job of the copyrightorganisaties to infringing material to detect. It has this give rise to of the Hotfile lawsuit, but Google’s point of view can also be extrapolated to the MegaUpload case.
According to ict-lawyer Arnoud Engelfriet, the claims of Google correctly, but does not affect charges around the facilitation of illegal down – and upload. Even though the service is DMCA compliant.
The MPAA pitched last year in February filed a lawsuit against Hotfile for the ‘violation of copyrighted material on a large scale’. A court has now become a part of the complaint already rejected because the cited evidence is not conclusive. The MPAA, meanwhile, has been on the court asked the amicus curiae of Google.