Broadcaster Inc (BCAS)

[ClaudioM]

Broadcaster.com Positioned to Be the Premier Legal Video Upload Community
Tuesday October 16, 7:58 am ET
Pursuant to the Digital Millennium Copyright Act's Safe Harbor Provisions, The Company Neither Filters Content nor Alters Files

LOS ANGELES--(BUSINESS WIRE)--Broadcaster, Inc. (OTCBB: BCAS - News), the premiere site for social video networking, announced is continuing efforts to comply with the Digital Millennium Copyright Act's (DMCA) "Safe Harbor" provisions. The DMCA expressly provides that certain Internet Service Providers (ISPs) are immune from liability for copyright damages so long as they comply with certain requirements, including refraining from filtering or altering content uploaded by end users of the service.

Unlike many of the top viral video communities, defined as ISPs under the DMCA, Broadcaster does not filter or alter uploaded content files. This distinguishes Broadcaster from sites that truly fall outside the guidelines of the DMCA's Safe Harbor provisions.

"We respect the Digital Millennium Copyright Act and have developed our video uploading community accordingly," says Martin Wade, CEO of Broadcaster, Inc. "Content files are uploaded unrestricted by our users and then monitored and policed by Broadcaster community members."

Most video upload communities, such as YouTube.com, have implemented screening procedures that call for systematic review of all user uploaded content to filter out mature or adult materials. By doing so, such companies are approving video files and acquiring actual knowledge of hundreds of thousands of copyrighted materials, including blockbuster movie clips, music videos, and network television shows.

"It is reasonable to believe that if a company is systematically reviewing and filtering uploaded video files in an effort to remove adult materials, that those same employees are making a decision to publish materials that are obvious copyright violations such as television shows and music videos," says Mr. Wade. "It clearly demonstrates a willingness to ignore fundamental intellectual property rights in order to build an audience and monetize content for which it does not have rights."

In addition, YouTube uses back-end transcoding software within its network that converts the users' uploaded files from their original format into Flash video files. By doing so, they not only filter the content but also alter it and arguably place themselves further outside the DMCA Safe Harbor provisions. Broadcaster, on the other hand, offers users a free downloadable encoder that enables users to properly encode files on their local machine before uploading to Broadcaster's network, thereby eliminating any need for Broadcaster itself to alter content files.

Broadcaster users upload their files to the Internet unfiltered, but have the option to designate and isolate files that are deemed to contain materials that are unsuitable for all audiences. Such designated files are placed in a restricted area that is accessible only to members who verify they are at least eighteen years of age and who have installed Broadcaster's password-protected Parental Lock tool.

Mature-themed files that are mislabeled and released outside of the restricted area are flagged and monitored by Broadcaster's sizeable user community and are promptly reviewed for a number of criteria. Offensive materials, copyright violations, and other files deemed unacceptable by the community are removed from Broadcaster's servers upon proper notification. Additionally, Broadcaster promptly removes the accounts of users who are repeat offenders.

To review frequently asked questions about this issue, please visit http://www.broadcaster.com/?p=dmca_position.

About Broadcaster, Inc.

Broadcaster.com is a social video network that empowers registered members to become broadcasters, either of themselves through webcam video chat, or as producers broadcasting from playlists of live and pre-recorded content. Broadcasters are able to edit their programming with free Broadcaster tools, find an audience by inviting and adding other viewers to their friends list, and notify their audience of broadcast schedules and updates to channel content. Since its launch in Q4 of 2006, Broadcaster.com has amassed loyal audiences that upload and view millions of video files each month. Broadcaster's ever expanding library of content offers a wide variety of full-length movies, music videos, news feeds, original and proprietary content. Broadcaster, Inc. is headquartered in Los Angeles. For additional information about Broadcaster, Inc., please visit us at http://www.broadcaster.com.

Safe Harbor Statement

This press release may contain forward-looking statements that involve risks and uncertainties, including statements regarding our business strategy and development plans, plans for entering into new businesses, anticipated sources, and uses of funds and other statements regarding our plans, objectives, expectations, and intentions that are not historical facts. Because these forward-looking statements involve risks and uncertainties, actual results could differ materially from those discussed in this press release. These risks and uncertainties are described in greater detail in the reports that we file with the Securities and Exchange Commission. Our actual results, performance, or achievements may vary materially from those expressed or implied in any forward-looking statements. All forward-looking statements reflect our beliefs and expectations as of the date of this press release and should not be relied upon as representing our views as of any subsequent date. While we may elect to update these forward-looking statements publicly at some point in the future, we specifically disclaim any obligation to do so, whether as a result of new information, future events, or otherwise.


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Source: Broadcaster, Inc.