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30th Aug 2012, 02:23 AM #19Member
Yes, but in a criminal case guilt must be proven beyond a reasonable doubt. And in this case it means that it must be proven that the owner of the forum is himself both the uploader and poster of the links.
Just a "admission" without more on a forum does not constitute proof.
The owner could maximize his plausible deniability by registering different forum users through Tor, and himself post anonymously to his own forum.
And what if the forum doesn't keep logs? There is no legal requirement to keep logs.
However, in order to qualify for the DMCA safe harbor, the service provider must have a registered DMCA agent. It requires filling out some paperwork, and paying a onetime fee.
And to the other poster, yes a forum may qualify for the DMCA safe harbor provided that it has a registered DMCA agent.
Whether links may infringe copyright is really an open question.
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