> the DMCA means he could put it up on his website and wait to see if anyone lodged any objection to his doing so (which they almost certainly won't).
Wrong. The DMCA provides safe harbor for online service providers. It provides no safe harbor for those who personally reproduce a copyrighted work, on an online service or otherwise. Rather, it increases the penalties if such reproduction is infringing. And I don't see how David Friedman is under any obligation to take such a risk or research the status of a work to which he owns no rights, did not author, and does not benefit from.
Ok, I misread the post to read that Milton was the author, but apparently he was not relevant. Still, unless David had reserved rights to the piece it doesn't really change his position much. The DMCA has no application and this distortion of its so-called "safe harbor" provision needs to die.
Wrong. The DMCA provides safe harbor for online service providers. It provides no safe harbor for those who personally reproduce a copyrighted work, on an online service or otherwise. Rather, it increases the penalties if such reproduction is infringing. And I don't see how David Friedman is under any obligation to take such a risk or research the status of a work to which he owns no rights, did not author, and does not benefit from.