Results 1 to 24 of 24
  1. #1
    Join Date
    Mar 2004
    Posts
    76

    Is it legal to give links to software,music etc?

    Hi, wanted to know that is it legal ,lets suppose to have a Bulltien Board which have links to software cracks,MP3 etc but itself does't host the files on that server!
    There are numerous sites like andr,phaze etc which doin this,so is it legal?

  2. #2
    Join Date
    Sep 2003
    Location
    Washington, USA
    Posts
    3,262

    Re: Is it legal to give links to software,music etc?

    Originally posted by splashed
    Hi, wanted to know that is it legal ,lets suppose to have a Bulltien Board which have links to software cracks,MP3 etc but itself does't host the files on that server!
    There are numerous sites like andr,phaze etc which doin this,so is it legal?
    Here's what will likely happen to that kind of a website: your provider will eventually receive complaints from Microsoft, or other anti-piracy groups about the links. They don't care if they're not hosted on your server or not. The links are there and people are able to download pirated goods using your site. Once the datacenter receives these complaints they won't do anything to defend your website. They will request your web host that the site be removed immeadiately or that they will face removal of their server. The web host, of course, will remove your site.

    Similar experiences have happened to us with clients putting up warez link sites, and we have them removed immeadiately.
    ‹‹SHAW NETWORKS›› Simple. Professional. Reliable. Web Hosting Done Right.
    Low Cost & Award-Winning: cPanel Reseller Plans ›› 24/7/365 Live Technical Support ‹‹
    Website: www.shawnetworks.com Fast Response E-mail: sales @ shawnetworks.com
    Sick of downtime? Fed up with excuses? Drop your host! Switch to Shaw Networks.

  3. I doubt you will face any serious legal trouble but you will definitely get lots of letters from company lawyers, and therefore have a hard time keeping a host.

  4. #4
    Join Date
    Nov 2004
    Posts
    116
    in the netherlands its legal to link to music files. Some major mp3 search engine won the courtcase from the 'dutch' riaa

  5. #5
    i think it's ok to link to them, only not OK to serve or host them..

  6. #6
    Join Date
    Apr 2002
    Location
    USA
    Posts
    5,783
    Almost any provider will shut you down unless you are hosted in China or some where.

    In Australia an ex cop who ran a web site with links to downloads (no direct downloads) was just sued by the music industry for $500 million. Want that kind of heat?

    http://www.theaustralian.news.com.au...55E421,00.html


    Besides don't you see it as a little unethical to steal others works or to help in the stealing of other works?

    Would be OK with you if someone was selling copies of your house keys, car keys and credit card numbers?

    Don't rip others off and then complain later in life when someone rips you.
    Last edited by The3bl; 11-07-2004 at 06:55 PM.

  7. #7
    Join Date
    Jun 2003
    Location
    United States of America
    Posts
    1,847
    dont even get me sucked into this debate, please i beg of you
    Computer Steroids - Full service website development solutions since 2001.
    (612)234-2768 - Locally owned and operated in the Minneapolis, Minnesota area.

  8. #8
    Join Date
    Jul 2003
    Location
    Manchester (UK)
    Posts
    716
    host the site on a system at your home

    ok, youll get alot of complaints, but if you dont host the files and you put a disclaimer on the forum saying you except no responsability for the posters comments, you cannot be held liable.

    and as its on your system at home, the dc cant remove it (just make sure your isp allows access to port 80)

  9. #9
    Join Date
    Jan 2003
    Posts
    1,715

    Re: Is it legal to give links to software,music etc?

    Originally posted by splashed
    Hi, wanted to know that is it legal ,lets suppose to have a Bulltien Board which have links to software cracks,MP3 etc but itself does't host the files on that server!
    There are numerous sites like andr,phaze etc which doin this,so is it legal?
    If you knowingly allow or even encourage such links, you can be sued for contributory infringement, at least in the US. (That was where Napster and such hit trouble, although the escaped because they did not monitor traffic, so they could claim ignorance.) If you're from the "it's only illegal if you get caught" school, you would need to run a fairly large site before copyright holders will escalate the issue above complaint letters.
    Game Servers are the next hot market!
    Slim margins, heavy support, fickle customers, and moronic suppliers!
    Start your own today!

  10. #10
    Join Date
    Dec 2002
    Location
    chica go go
    Posts
    11,876
    Almost any provider will shut you down unless you are hosted in China or some where.
    nxsecure.org has been around since 2000, and they've been hosted with fdcservers.net for almost 2 years, and even after being repeatedly contacted about this issue, they have continued to host he website on their network.


    I don't think it's legal.. Aren't you being an accompliace to a crime if you do something like this?

    Let's say you give one of your friends the phone numbers of someone you know who's a drug dealer. If the first friend got busted, and he rated out both you, and the drug dealer; you would probably be arrested as well.

  11. #11
    Join Date
    Mar 2004
    Posts
    76
    Originally posted by gideon_82
    in the netherlands its legal to link to music files. Some major mp3 search engine won the courtcase from the 'dutch' riaa
    Thanx for that info,can be handy


    BTW that means even DMOZ can be sued? as they have this category

    http://dmoz.org/Computers/Hacking/Cracking/

    as sites in DMOZ are got after editor review!!!!

  12. #12
    Join Date
    Jun 2002
    Posts
    351
    Not sure about the legality of it here in the UK, but at a Datacentre I used to work with, we discovered a forum doing just that on our network after recieving a complaint from a well-known software company about it.

    At that point, we asked the server owner to move companies - just easier than having to deal with the legal problems that may have arisen in the future.

    I suspect most Datacentres would probably take the same view.

    Many thanks,
    Alan.

  13. #13
    Join Date
    Aug 2004
    Location
    Zurich, Switzerland
    Posts
    774
    Consider following analogy: you don't host adult content on your site, but your site consists of nothing but links to adult content and info about them. Wouldn't that make your site just as unsuitable for minors as if you'd host the content directly? IMO it does. And applying the same principle, in the case of links to illegal software this means you're just as much to blame as if you'd host the downloads yourself. Not legally maybe, but ethically without question.

  14. #14
    Join Date
    Jul 2003
    Location
    Manchester (UK)
    Posts
    716
    Originally posted by RambOrc
    Consider following analogy: you don't host adult content on your site, but your site consists of nothing but links to adult content and info about them. Wouldn't that make your site just as unsuitable for minors as if you'd host the content directly? IMO it does. And applying the same principle, in the case of links to illegal software this means you're just as much to blame as if you'd host the downloads yourself. Not legally maybe, but ethically without question.
    true, good point... however, if the site owner doesnt post the adult links, say its a forum, and he says in his disclaimer that he helds no responsability for this, then surely her cant be in trouble.

    Thats how kazaa stayed up. In there disclaimer it said something about responsability and that a user shouldnt download anything with a special symbol next to it....

  15. #15
    Join Date
    Mar 2004
    Posts
    76
    Thanx to all for valuable feedback!
    www.masti4u.net --- Bollywood Portal!

  16. #16
    This post will pertain only to the USA.

    The major case that dealt with issues like this was MGM vs Grokster which was heard by the 9th Circuit Court of Appeals. Granted, this is for P2P, but the case law could pertain to forums also.

    HE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT IN THE CASE OF MGM vs GROKSTER AFFIRMED THE DISTRICT COURT'S PREVIOUS RULING.

    Today the United States Court of Appeals for the Ninth Circuit affirmed the previous District Court ruling denying the motion picture and recording industries request to shut Grokster down.

    This is an important ruling for the technology community as a whole not merely the peer-to-peer community. This ruling clarified four important points, as presented by Fred von Lohmann of the Electronic Frontier Foundation. Click here for more on MGM v. Grokster Ruling.

    * The Court made clear that, for purposes of the "Betamax defense" announced by the Supreme Court in 1984, the important question is whether a technology is merely capable of a substantial noninfringing use, not the proportion of noninfringing to infringing uses. The opposite rule, urged by the entertainment industry, would kill off new technologies prematurely, as infringing uses tend to be common until the incumbent entertainment industries adjust their business models to take advantage of the new opportunities created by the new technology. (When there were no pre-recorded videocassettes, the VCR was doubtless used for more infringement than it was after there were Blockbusters on every corner.)

    * The Court also explained that, in order to trump the Betamax defense, a copyright owner must show that the technology developer had (1) knowledge of specific infringments (2) at a time when it could do something about those infringements. The entertainment industry, in contrast, had argued that it should be enough to simply deliver a pile of "infringement notices" to the technology developer after the fact. Such a rule would have all kinds of companies in peril. (Imagine Xerox receiving a pile of infringement notices about photocopiers that it had sold the year before -- should it be liable for infringing activities at every Kinko's in America?)

    * The Court also clarified that copyright law does not require technology developers to design only the technologies that the entertainment industry would approve. The plaintiffs had argued that vicarious liability principles should be interpreted to require that all innovators design their technologies to minimize the possibility of infringing uses. Of course, short of inviting Hollywood lawyers into engineering meetings, such a rule would have left innovators subject to eternal legal harassment for "not doing enough."

    * Finally, and perhaps most important, the Court observed that, in the long run, a competive, unfettered market for innovation ends up helping copyright owners (even if it doesn't help today's entertainment industry oligopolists). In fact, today's ruling will likely be remembered as yet another example of the courts rescuing the entertainment industry from its own short-sightedness. In the words of the Court, "Further, as we have observed, we live in a quicksilver technological environment with courts ill-suited to fix the flow of internet innovation. The introduction of new technology is always disruptive to old markets, and particularly to those copyright owners whose works are sold through wellestablished distribution mechanisms. Yet, history has shown that time and market forces often provide equilibrium in balancing interests, whether the new technology be a player piano, a copier, a tape recorder, a video recorder, a personal computer, a karaoke machine, or an MP3 player."
    If you aren't hosting the files, you should be fine.

  17. #17
    Join Date
    Sep 2003
    Location
    UK
    Posts
    815
    I don’t think it would be a wise decision to link to such websites, anti-piracy companies and software developers themselves may contact you are hold you accountable for assisting in possible distribution of warez through the links on your site.

    Furthermore, your hosting company wouldn’t want to be associated in any way with any form of piracy, they may also ask you to remove the links or even ask you to leave.. the latter seems a little drastic unless you fail to comply.

    All the best,
    Tahir Ahmed
    NetspaceOnline.net - Reliable Personal Web Site Hosting & Business Web Hosting Solutions!
    NSDomains.net - Our Dedicated Domain Registration & Management Portal!
    • Reseller Hosting Solutions • Linux Plesk 8 Control Panel • Provding Quality Hosting Since 2001

  18. #18
    Join Date
    Aug 2004
    Location
    Zurich, Switzerland
    Posts
    774
    Well what it all boils down in the end is that if a big company threatens you with a lawsuit you won't have any choice, especially in the US where courts are not about who's right but who has the better attorney and who can invest more into winning a lawsuit. Meaning even if you're right, unless you have the funds to risk, you won't get your right over legal channels. For this single reason I'd already advise you not to allow such links unless you don't care about the potential dangers to yourself and your operation.

  19. #19
    Greetings!

    If you feel that if they are in themselves illegal, then it is not proper for you to link to them. Why? Because it shows that you are supporting them by giving them traffic.

    That is my opinion.

    I help entrepreneurs develop online branding. I value my clients and build relationships. I am a friend.
    Let me assist you with your website design, logo design and other graphics needs.
    Ganah Solutions, a brand creation agency. Solidify your brand. Connect your business.

  20. #20

    Re: Is it legal to give links to software,music etc?

    Originally posted by splashed
    Hi, wanted to know that is it legal ,lets suppose to have a Bulltien Board which have links to software cracks,MP3 etc but itself does't host the files on that server!
    There are numerous sites like andr,phaze etc which doin this,so is it legal?
    I running a couple of web sites on different hosts. According to their T.O.S, linking to warez or any type illegal download is a bannable offense.

  21. #21
    Join Date
    Nov 2004
    Location
    Australia
    Posts
    20
    i reckon its fine to link to mp3's AS LONG AS there NOT on your server you shouldnt be getting into any trouble...

  22. #22
    Originally posted by WebPlanetHost
    i reckon its fine to link to mp3's AS LONG AS there NOT on your server you shouldnt be getting into any trouble...
    This is a classic excuse to be able to promote illegal activity, but stay a step away.

    You have to ask yourself why you are linking to these things in the first place? If it's to make money by having ads on your linking pages, then perhaps you will want to re-think your approach to moneymaking. Making money in the 'grey area' can be lucrative, perilous, and unpredictable.

    I wouldn't quit your day job...

  23. #23
    Join Date
    Jul 2004
    Location
    Birmingham, UK
    Posts
    7
    It depends on the media really, with music for example:

    Big artists with big names like BMG, Sony etc behind them will/do get up in arms with people distributing material which does have copyright restrictions.

    The kinds of music I listen to, the artists love their material to be distributed because it promotes it and what then usually happens is someone checks it out by downloading it from a p2p network then goes and buys the record (as having it on vinyl is the done thing) or higher quality MP3 which is a copy of the studio master which is of perfect quality and can be used on CDJ's to include in mixes, even if they don't the artists don't really care!

    Although all this material is copyrighted, the producers (normally a dj as well) are not in it for the money - they are in it for the love of music and just enjoy their work being played all over the place.
    P2P is one of the best places for finding unsigned music and all it takes it someone to then pass a tune to a label.. and it gets a release if it is any good - who's loosing out there? The producer is the first to smile! I know people that have done bootlegs, sent copies around and then they got passed by the label for an official release - the original artists and label make money - again a win/win situation, some of those people have releases on major mix albums now and dj sets all over the place.

    Of course the "pop" artists are all in it for the money and first to complain about "sharing" music. And most pop stuff is not even original material and they usually don't even write the lyrics!

    Electric material and "real" bands it's all original stuff - they are the ones that should be making the money.

    I'm just glad I don't listen to that pop crap!

  24. #24
    If you post links to warez or mp3s which are under(belong to) RIAA or any governing body/companies/associations, your ISP and/or webhost will be notified, and they can request you to take down the link.

    However, do take note that different states/countries have different laws and different penalties.

    Moreover, it is important to obtain permission from the author of the site you're linking to.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •