On Thu, 3 May 2007, Gregory Maxwell wrote:
It sound like you're saying the foundation should
always "wait for the
takedown" even if it knows for sure that material is illegal. Bad
advice. Actual knowledge of infringement removes the safe harbor for
copyright infringement under OCILLA. What actually constitutes actual
knowledge may be debatable... but that doesn't appear to be accounted
for in your suggestion.
This isn't a normal DMCA takedown situation. A DMCA takedown happens when
the owner claims that the material is copyright. Removing it is subject to
a safe harbor. The claim here is that the material here is illegal because
of a different DMCA provision, not that it's copyrighted. I don't believe
the safe harbor applies at all.