ISPs are data conduits and we don't expect them to police everything.
In fact, with things like the DMCA, that's codified into law.
Content processors like YouTube have already been shown to have an obligation to support take-down requests from IP holders.
In this case, Kickstarter got the equivalent of a polite take-down request from Arduino and they said, "nah".
While I see the common carrier strategy they're pursuing, I don't think that it makes sense in the long run. It will crumble like a house of cards when the first team of lawyers takes a whack at it for serious infringement.
Worse yet, by that time Kickstarter's reputation for protecting the interests of backers will likely be irrevocably damaged, thus destroying their business model anyway.
Throw in some competitors to their business model who add in some sense of protecting the interests of backers and Kickstarter will end up being the Myspace of crowd funding sites.
> Content processors like YouTube have already been shown to have an obligation to support take-down requests from IP holders.
An obligation in-so-far as the DMCA is enforced. YouTube might be doing additional things as a company, but they aren't required by any law I know of. Maybe it's an agreement with IP holders, but it's not a law.
> Kickstarter got the equivalent of a polite take-down request from Arduino and they said,
That isn't the same thing as a DMCA take-down request.
> It will crumble like a house of cards when the first team of lawyers takes a whack at it for serious infringement.
The DMCA protects them. Their is no indication they received a DMCA request.
ISPs are data conduits and we don't expect them to police everything.
In fact, with things like the DMCA, that's codified into law.
Content processors like YouTube have already been shown to have an obligation to support take-down requests from IP holders.
In this case, Kickstarter got the equivalent of a polite take-down request from Arduino and they said, "nah".
While I see the common carrier strategy they're pursuing, I don't think that it makes sense in the long run. It will crumble like a house of cards when the first team of lawyers takes a whack at it for serious infringement.
Worse yet, by that time Kickstarter's reputation for protecting the interests of backers will likely be irrevocably damaged, thus destroying their business model anyway.
Throw in some competitors to their business model who add in some sense of protecting the interests of backers and Kickstarter will end up being the Myspace of crowd funding sites.