Robert Cringely speculates on the reasoning behind Google's decision to
continue hosting the controversial "Innocence of Muslims" clip despite a
request from the State Department to remove it. Cringely believes that
Google worries that if it were to begin removing videos, it would lose
access to the "Safe Harbor" defense of the 1998 Digital Millennium
Copyright Act, which exempts it from liability for copyright violations
by its users, provided that it does not police the users' uploads
(except to ensure compliance with its terms of service). Thus if Google
were to begin removing videos from US view on
non-copyright/non-terms-of-service grounds, it could be liable for
$150,000 copyright fines for every infringing video in the YouTube
collection.
Muhammad v. YouTube
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