DMCA safe harbor applies when you are a service provider.
Examples are an ISP that merely provides access to the internet. The ISP cannot be sued for copyright infringement just because infringing bits passed through its servers.
Also, a message board that posts whatever a user writes would obtain DMCA safe harbor. They just provide a service and don't screen out for content. An example is Craigslist.
This person's site DOES NOT enjoy DMCA safe harbor. He scraped the other site and populated his own. He is not even acting as a service provider as the DMCA statute prescribes.
Examples are an ISP that merely provides access to the internet. The ISP cannot be sued for copyright infringement just because infringing bits passed through its servers.
Also, a message board that posts whatever a user writes would obtain DMCA safe harbor. They just provide a service and don't screen out for content. An example is Craigslist.
This person's site DOES NOT enjoy DMCA safe harbor. He scraped the other site and populated his own. He is not even acting as a service provider as the DMCA statute prescribes.