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By contrast the CJEU ruling appears to imply that for-profit entities such as Google might have a pre-emptive responsibility to check the legality of the content they are linking to before serving a hyperlink to a user — rather than waiting to receive a takedown notice.
Where as the legality of the content on YouTube was in question in that case, in Scouta's situation the video was legally uploaded to YouTube by the rights holder, with full rights given for the video to be embedded in 3rd party sites.
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"By inverting this liability model and essentially making platforms directly responsible for ensuring the legality of content in the first instance, the business models and investments of platforms large and small will be impacted.
Some refer to the practice as stealing, and even Chilling Effects notes that the legality of serving framed content is questionable.
SUBSCRIBERS might also be worried about the legality of copying video content.
The legality of passing off content as your own is questionable.
The legality of the practice, however, remains in question.
"We do not recognise the legality of the ruling".
"But it's not about the legality of the stop.
Then they challenged the legality of the Miss.
It is challenging the legality of the ICC's intrusion.
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