Why Doesn't Pinterest Get Sued for Copyright Infringement?

12 years ago

Happens on all user-generated content websites, just look at YouTube for example. I think what protects them is their TOS. If user-generated content websites got sued for their users' behavior the internet would be a boring place.

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princecapri

12 years ago

So essentially we could create a user-generated website and have the same caveat in our ToS as Pinterest does?

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Dan Allard 12 years ago

Originally Posted by princecapri

So essentially we could create a user-generated website and have the same caveat in our ToS as Pinterest does?

A good TOS and be able to prove you actively search for and remove copyrighted content from your site. And take copyright infringement claims very seriously. That's just my guess though, I'm no lawyer.
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MillionairesMentor

12 years ago

Since Pinterest is not directly infringing they are not responsible, however, they could still get in trouble, if they don't follow the rules they - as the service provider - are required to follow under the Digital Millenium Copyright Act (DMCA). Under the DMCA the rightful owner of copyrighted material can request the service provider to remove the "offending" material, if the rightful owner files a proper complaint. Check out Digital Millennium Copyright Act - Wikipedia, the free encyclopedia for a good source of information (if you want to dig a bit more into this).

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nbatioco

12 years ago

Originally Posted by MillionairesMentor

Since Pinterest is not directly infringing they are not responsible, however, they could still get in trouble, if they don't follow the rules they - as the service provider - are required to follow under the Digital Millenium Copyright Act (DMCA). Under the DMCA the rightful owner of copyrighted material can request the service provider to remove the "offending" material, if the rightful owner files a proper complaint. Check out Digital Millennium Copyright Act - Wikipedia, the free encyclopedia for a good source of information (if you want to dig a bit more into this).

I don't use pinterest. They are simply a bookmarking site. But they should be responsible for any copyrighted digital materials that is being posted on their site.

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sheilaW

9 years ago

Originally Posted by MillionairesMentor

Since Pinterest is not directly infringing they are not responsible, however, they could still get in trouble, if they don't follow the rules they - as the service provider - are required to follow under the Digital Millenium Copyright Act (DMCA). Under the DMCA the rightful owner of copyrighted material can request the service provider to remove the "offending" material, if the rightful owner files a proper complaint. Check out Digital Millennium Copyright Act - Wikipedia, the free encyclopedia for a good source of information (if you want to dig a bit more into this).

the DMCA is extremely outdated and protects the criminal and abandons the victim now.
They need to update their laws ASAP because most artists are being abused in courts against the SP and judges give wins to the SP's...just remember this..once put up in Internet it always stays up in Internet :-(

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NoodlyDoodly

12 years ago

Guys - it's more complicated than mere safe harbor compliance.

You'll just have to wait for the courts to come down on them. Trust me, they will.

Don't forget that lawsuits need preparation.

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bchez

12 years ago

Pinterest is a publicly viewable bookmarking site. That's all it does.
The same reason people don't sue Polyvore.

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WillR

12 years ago

Originally Posted by bchez

Pinterest is a publicly viewable bookmarking site. That's all it does.
The same reason people don't sue Polyvore.

I haven't used Pinterest myself and don't see the fascination -- I doubt they will be around too much longer. My understanding though was you upload the images to their site so the images are being stored on their servers? If that's the case then I don't think it's so cut and dry.

That's like saying I could go and open up an mp3 sharing site, allow people to upload songs they have bought and I could expect no consequences because I am merely a site allowing the sharing to take place.

Yeah right... The problem is Pinterests whole site basically depends on people sharing a lot of copyrighted photos.

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ExRat 12 years ago

Hi Deepak,

You'll find more here, here and here.

For example.
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NoodlyDoodly

12 years ago

Originally Posted by WillR

I haven't used Pinterest myself and don't see the fascination -- I doubt they will be around too much longer. My understanding though was you upload the images to their site so the images are being stored on their servers? If that's the case then I don't think it's so cut and dry.

That's like saying I could go and open up an mp3 sharing site, allow people to upload songs they have bought and I could expect no consequences because I am merely a site allowing the sharing to take place.

Yeah right... The problem is Pinterests whole site basically depends on people sharing a lot of copyrighted photos.

Correct. The images are not only stored in full size, but they are stripped of copyright identifiers such as the EXIF data.

@ joseph - I don't expect that Pinterest will have such an agreement with all the small content creators out there. Right now, their DMCA online form is ass-backwards and totally frustrating; I suspect, on purpose.

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bchez

12 years ago

Originally Posted by WillR

That's like saying I could go and open up an mp3 sharing site, allow people to upload songs they have bought and I could expect no consequences because I am merely a site allowing the sharing to take place.

Yeah right... The problem is Pinterests whole site basically depends on people sharing a lot of copyrighted photos.

Basically, the way Pinterest works is that you drop a "pinner" in your toolbar. when you are out on the web and see a site you like, you "pin" (bookmark) it visually on a page.

There is also a place to upload your own photos to your pinboard, but you are supposed to own it before you upload it.

No matter what a site does, people try and game it.

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Andrei

12 years ago

When you post something on Pinterest the site will link back the photo source so that is why I believe there will be no copyright complains...

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knish

12 years ago

The copyright police will eventually catch up with Pinterest. Images and other media will eventually be blocked or removed, just like on other sites (i.e. someone mentioned You Tube).

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josephjabawaba

12 years ago

I know on youtube, it's got incredibly more difficult to upload copyrighted material now (stuff like a favourite video or whatever), but they have kept the old videos and stuff from a couple of years ago, just changed their policy on new videos being uploaded.

I also know that megaupload had a secret backdoor agreement with the big copyright holders where they would be able to log on directly and delete stuff if they wanted to (the owner said so in an interview the other month), I'm pretty sure that a lot of other websites have a similar system.

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Kal Sallam

12 years ago

It's more like why not shut down than sued I guess

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selfdisciplineacademy

9 years ago

For clarification,

The best way is to read the Pinterest Terms & Conditions..

However, I highly doubt they are responsible for image sharing

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The Niche Man 9 years ago

Pinterest is here to stay. I remember people saying YouTube and even Facebook wouldn't be around much longer. Why? Because of what appeared to be foggy copyright issues, applications, and infringements by it's members.Trust me they have copyright lawyers on speed dial - who can tell them how close to the line they and their members can walk. With hammer in hand (or nuke button) they'll let you know when you're crossing the line - way before they get in trouble.
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Why Doesn't Pinterest Get Sued for Copyright Infringement?

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