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  1. #1
    Join Date
    Feb 2004
    Location
    Australia (Crikey)
    Posts
    2,271

    not sure if a potential customers site is illegal...need help! :)

    Hi there! I got an email from somebody today asking for free hosting, and I am willing as I want to increase my exposure, so I sent him an email saying yes. Then he emailed me back and once I found out what sort of site he had I decided I should so some investigating. Firstly here are all the emails back and forth between us so you should have some idea as to my situation:

    *******************

    First email I recieved from him:

    im looking for some free hosting, i was wondering if we could negoitate a deal?

    My response:

    Dear **********.

    Sure, we can negotiate! It depends on two factors:

    1. How much traffic do you get a day
    2. How much disk space and bandwidth do you need

    We will give you hosting in return for you displaying our logo on each page of your website and a small text link near your copyright linking to us, does this sound fair?

    If you want to see an example of a website that we give free hosting to in return for the text link and logo on each page visit: http://www.urinfo.com

    Please email us back with your thoughts,

    Take care,

    Daniel Santo
    Sales Representative
    www.bubhost.com

    His response:

    That was a plesant reply i wish i had found you sooner. i think my diskspace at the moment is under 5mb and im not to sure about the bandwidth but is definetly not alot. it may go up on both of these counts quite soon as i shall be hosting some pirate radio sets but i can use my current host for that. but under 20mb for disk space and under say 1gb a month for bandwidth would be enough i should say. would this be acceptable?

    ******

    My response:

    Dear ***********,

    Sure, that is fine! May we ask what 'pirate radio sets' are? As long as your site meets our terms and conditions you may drop your old host all together and host your whole site with us!

    Please email us back soon,

    Take care,

    Daniel Santo
    Sales Representative
    www.bubhost.com

    His response:

    ok well my site is about pirate radio, (im guessing you dont know what that is) pirate radio is illegal radio, which caters for the music that people cant get on the comercial stations. and a pirate radio set, is just a recording of a djs show on a pirate either in mp3 format or real player format. you can have a look at my site here (www.urban-host.co.uk) which is on my old server which is to slow for my liking, do you have name servers that i could change my domain name to? and do you offer unlimited mysql?

    thanks for your help
    ********

    My response:

    Dear **********,

    We are sorry but I don't think we can host your site. I will contact the higher authority here and see, but at this stage I think it is a no go. If you can modify your website so it isn't illegal then we will happily host it.

    We will email you once we have a definite answer.

    Daniel Santo
    Sales Representative
    www.bubhost.com

    His response:

    im pretty sure it is not illegal to host it in the usa, it is in the uk which is why im looking for a host in the us. thanks.

    ************************************************

    Okay, so that was our conversation. Now, he later emailed me and said that he would remove the DIY Radio Pirating section of his website.

    The website in question is: www.urban-host.co.uk

    Here is the TOS / AUP that all my clients and I must agree to:

    http://company.equivity.com/terms.html

    Now I am not sure whether his website is against the above TOS or not. I have contacted Equivity and are waiting for there response. Should I host his website or not?

    Thanks for you time

  2. #2
    Pirate radio can go by several definitions, but from the way I know it, it is simply underground radio that plays a lot of music from non-mainstream artists.

    Now, where we get into the quasi-legal area is exactly how they play their music. If it's online, it is no big deal at all. Perfectly legal to play artists that don't get the big record deals (with permission of course). However, if they are going into the true definition of pirate radio and actually playing it over *radio* waves, then they are using broadcast channels without a license from the FCC (or whatever equivilent in the UK).

    However, since the Internet doesn't use FM waves, then it's not really so much a pirate radio broadcast as much as it is a pirate Internet broadcast. If that's the case, I probably wouldn't have a problem hosting it.
    www.square-network.com www.squarenetwork.com
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  3. #3
    Just out of curiosity, how did he find out about you?

    http://www.webhostingtalk.com/showth...hreadid=242116
    www.square-network.com www.squarenetwork.com
    Now available in regular and dehyphenated.
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  4. #4
    Forgetting the 'pirate' aspect - if he's distributing an .mp3 of a 'set' through the site then that's clearly going to include music which presumably would be copyrighted.

    I think you're opening yourself up to potential prosecution here depending on the content of his distributions, which you'll have no way of monitoring short of downloading and listening to everything he uploads.

    I personally wouldn't touch it with someone elses bargepole - especially for free.
    Invectis - Windows 2000, 2003 and MS SQL Server web hosting

  5. #5

    Re: not sure if a potential customers site is illegal...need help! :)

    Originally posted by Bub Host
    [B]
    under say 1gb a month for bandwidth would be enough i should say
    either in mp3 format or real player format
    ???

    ...I'd pass....

  6. #6
    Join Date
    Feb 2004
    Location
    Australia (Crikey)
    Posts
    2,271
    Originally posted by Coach
    Just out of curiosity, how did he find out about you?

    http://www.webhostingtalk.com/showth...hreadid=242116
    I am not sure what your trying to get at, and how that thread has anything to do with this. He has not told me how he found me.

  7. #7
    Not inferring anything. Just wondering if perhaps he was randomly contacting hosts that offer paid services looking for free hosting.

    Odd that a user would go to a paid host to do that.
    www.square-network.com www.squarenetwork.com
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  8. #8
    Join Date
    Feb 2004
    Location
    Southern California
    Posts
    749
    As long as the music he is playing/providing is either his or he has the concent of the artist, then all is legal...

    I would recommend letting him start his site, but warning him you will pull it down if you recieve a complaint from any recording industry.

  9. #9
    Join Date
    Feb 2003
    Location
    United States
    Posts
    1,435
    I'd definitely avoid this. Of course the potential client is going to go out of his way to say it's not legal. You're better off just declining the deal.

  10. #10
    Just how many MP3s can you stream with only a gig of transfer every month?
    Last edited by Mark_TVI; 03-03-2004 at 08:00 PM.

  11. #11
    Join Date
    Jun 2003
    Location
    Canada
    Posts
    931
    Just go with your gut feeling, if at first you felt it wasn't right for you to get involved, simply do not get involved.

    The way I see it, risking your business\name\etc on a non-paying client is just wrong. I'm all for helping people and if I had a server I would offer free space too but sometimes you have to think "is this person taking advantage of me?"

    Hope everything works out for you!

  12. #12
    Join Date
    Feb 2004
    Location
    Australia (Crikey)
    Posts
    2,271
    Originally posted by Watcher_TVI
    Just how many MP3s can you stream with only a gig of transfer every month?
    His website does not get much traffic, so I don't think he will use much bandwidth. I have worked out that his site would not be breaking the TOS or the law if we worked at some ground rules. We are still talking about it, and I am still thinking about what I should do.

    I will posting my final decision here, once I make it

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