I was contact by someone who wants to sign up for a new hosting account. In their enquiry about my TOS, they said:

Specifically I want to host a site in support
of various open source projects. One of the projects involves drivers and software for ATI video cards under linux. Since much of this work involves reverse engineering of ATI's API it could be construed as a violation of the DMCA albeit the process is perfectly legal in Canada and most of the free world. In addition, support for DVD playback is also a feature of this development which is in conflict with the DMCA (although perfectly legal under the US's own Home Recording Act and in Canada). I am a Canadian will not do anything in violation of Canadian Law.

Is this a potentially problematic customer?

Vito

yay, ati drivers for linux :D

Thanks for quick reply, but I'm not entirely sure it helps me... :confused:

Vito

:D

Originally posted by vito
Is this a potentially problematic customer?

Not being intimately familiar with the DMCA, it's hard to say. To his credit, this person seems like he's being up-front with you regarding potential problems with his site content. He also sounds like someone who's run into some problems with this in the past.

Unless you can be sure you won't be facing any liability as a result of hosting his site, you probably should pass. On the other hand, this may also be an opportune time to get acquainted with the DMCA if you aren't already.

-Bob

Yup, TMX and ntwadell, you are a big help. Thanks. :rolleyes:

Vito

Hmmm, tough one.

I would have no problem taking this customer, they were upfront and asked questions about your TOS, and obviously don't want to get in trouble nor get you in trouble, but then again I'm in Canada, and I'm assuming you are in the US. If it's against your TOS (against the law in the US) then I would stick to that. :(

Dave

TMX, thanks for your reply. I appreciate the input.

Vito

GH_Dave:
No, actually I too am in Canada. I guess I'd better research DMCA a little more...

Vito

Ya, I'll have to read up a bit on the DMCA too...

Here is a good question:

Does it matter if your servers are in the US or not if your company is based in Canada - for US laws like this sort of thing? Any lawyers around?? ;)

Dave

Good question. My server is in the US. But who knows how they determine who their rules apply to?

I do in fact respect the fact that this person is forthright and is addressing the issue prior to signing up. I think that speaks volumes. At the same time, I don't want any legal hassles. I hate to pass up on a new account, but I'll have to get more info before I decide...

Thanks for your input.

Vito

I doubt you would have problem if your servers were in Canada, but this looks like a big grey area...

Dave

I wouldnt host them without looking into dmca and considering if you could wind up liable for there site.

I would not hesitate to host that customer for an instant. Like TMX said - he's honest and upfront, probably had trouble with his last host to about legal Linux drivers - that can only make MS happy.

Last I checked, if your servers are in the US the DMCA applies....

Frankly, I'd just take the chance and host them anyway, its a good cause :D

True, it is a good cause! And maybe ATI's stock will go back up if they have decent linux drivers .. hehe
My servers are in Canada, maybe I should start reverse engineering some stuff! Any suggestions? :D

Dave

Actually, he has never had any problems in the past with it. He is just now registering his domain name and will start building his site. I have spoken with him, and he seems like a straight-up guy. He works at a university in my area, and sounds quite responsible. Apparently, he just wants to cover all the bases before he dives into it.

I have decided to take him on as a customer. Thanks everyone for your advice..

Vito

If you host em, make sure it's worth the time. :)