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The new proposal – which was passed in the House of Lords by 165 votes to 140 – gives a high court judge the right to issue an injunction against a website accused of hosting a "substantial" amount of copyright infringing material, potentially forcing the entire site offline.
In this particular case, Viacom was attempting to penalize YouTube for the sheer amount of copyright infringement streaming freely through their site.
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As the Register of Copyrights noted, "the amount of copyrighted work modified in a typical jailbreaking scenario is fewer than 50 bytes of code out of more than 8 million bytes, or approximately 1/160,000 of the copyrighted work as a whole".
Fair dealing is an element of the law which allows a limited amount of copyrighted material to be used.
The Liberal Democrat peers Lord Clement-Jones and Lord Razzall then proposed – initially with Conservative support – new curbs on websites that host a "significant" amount of copyrighted material.
Because the Act's web blocking provisions let copyright holders get a site taken down for taken down for inadvertently hosting a small amount of copyrighted content.
However, a noticeable amount of copyrighted material remains on the site, and Scribd has hired Wilson Sonsini Goodrich & Rosati (the same firm retained by YouTube) to defend them on copyright matters.
This could not have come as a real surprise because eSnips knew for well over a year that users were sharing a great amount of copyrighted music with each other through the service.
"If the use employs only a small amount of copyrighted material, fair use is more likely".
"It imposes obligations on platforms with large amounts of copyright protected content, which can be expected, due to their role on the content market, to have certain responsibilities.
Countering these criticisms, EU sources emphasize that the Commission's proposals are specifically targeted at services that store and give access to "large amounts of copyright protected content" — pointing out that such platforms have become important players on the content market.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com