HammerDano
Hunter
to be clear...the part I disagree with is how the context changes when you use the police as an example. THEY have a role in society...of enforcing the law. You are right that "put your hands behind your back" IS NOT A SUGGESTION. it is not a polite ask.While HD disagrees, I accept that as apt. I was thinking myself that a "put your hands behind your back" is not an invitation to make your life easier, it's to make the cops life easier. In that case, complying is recommended, your hands Will be behind your back shortly, and refusing to comply is a charge in itself.
Here, obeying the request would leave no legal reason to contest it later; if he took a vid down himself, there's nothing to take to court. And since the request was later enforced, it was merely a "please save us the trouble of filing the DMCA". No reason to respect that any more than the direct DMCA takedown. In this case the "we asked nicely" can be seen as manipulative.
Asking was fine, forcing it afterwards makes the asking look bad. They were never asking.
The back and forth between TFP and Jawoodle was in an area with ambiguity...not dead certainty.
that' s why it is not a fair comparison (imo)