On another thread, posted 8 hours before this post, Simon writes:
"...we remove the links when requested and if we notice them... We're not here to police the internet on behalf of WTS legal though so I don't think we need to chastise people for posting things.
Just because we have to take a certain course because of legal reasons doesn't mean we agree with it or have to be enthusiastic about it."
So, there really is no reason for anyone to be ashamed or nervous. I joined and started posting because a certain member was providing bad legal advice and, frankly, scaring Lady Lee and others for no good legal reason. DMCA is not something to be afraid of - if a copyrighted work has been uploaded the copyright owner or some one who is a person “authorized to act on behalf of the owner of an exclusive right that is allegedly infringed” can send a DMCA notification. The file then has to be removed. To clarify that further, DMCA applies if the file is hosted within the jurisdiction of a United States court - DMCA is an American law, not a global one. In other countries, different laws apply. If that happens in a reasonable time, the law is satisfied.
As I have written before, DMCA does not force forum webmasters to remove links if someone posts a link to a third party site. It refers to the uploading and hosting of the file itself. This is logical if you think about it - Google would be guilty if their search results brought up any links to copyrighted works - it is just not workable, and the law recognises that.
Anyone authorised can send a DMCA notice, not just a lawyer. In fact, what goes inside such a notice is described within the act itself. However, it sounds more impressive if it is signed by a lawyer, especially if the recipient is unfamiliar with DMCA law.
No case has ever been brought and won against any forum because some of its users have posted a few links to third party sites. Yet for some reason there are still some here afraid that the WT Legal team can file a case against this site for DMCA violations. Simon's words quoted above put it all into a more proper perspective and hopefully people reading this will regain their calm and Lady Lee can once again sleep at night.