[WikiEN-l] HD DVD key mess - OFFICE/Foundation?

[Ken Arromdee]

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.