Results 1 to 9 of 9
  1. #1
    Join Date
    Feb 2006
    Posts
    466

    Copyright Infrigment...it`s ridiculous...

    Once again I am running into the same problem: Someone contacts me and tells me my customer stole their site. So I was looking at his site and they are looking similar and the HTML code is almost equal. Now it depends on a judge`s view whether this is a copyright violation or not. They are similar but not equal. If I suspend my customers site and it was wrong I have to pay all damages caused to the customer. If I do not suspend his site and I would have had to suspend it I am liable for all damages caused to the guy who did complain + I`m guilty of a copyright violation. As a host I am liable once I know about it and do not act. Now since the customer is in the USA I could ask for a DCMA complaint that would make the situation safer for me. But I am in another country and the DCMA complaint has no meaning here. So even if I do what US law says I`m still ****ed according to my countries law. If however I resolve the issue according to my country`s law I may still be liable in the US in regards to zivil and criminal charges. Now what do my TOS say ? My TOS say that I can suspend a site if it violates someone else`s rights. But that is the problem. I do not know if it does and even lawyers don`t know because "it depends"... It depends on how the judge decides and he can decide either way and if he decides different than me then I`m ****ed. Sometimes it sucks beeing a hosting provider. In my opinion hosts should not be liable for anything in any way until a court makes a decision.

  2. #2
    Many hosts simply say that it is impossiable for them to decide who is right and who is long, and ask for a court order to remove the content. Personally i would contact your client, explain that there has been a complaint made about his site, and ask him for proof that the code is his. Appoligize for the inconvienence, and you should be pretty safe. You could go as far to say to protect your company and other clients you will be forced to suspend the site if you have not had a response within 48 hours.

    Really you ned to find out what the law in your country says, however ifyour servers are in another country then you may need to see what your providor says you must do.

    Asking for a DCMA complaint is not that un common, i have seen hosts that are not us based ask for thease as their servers are us based.
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  3. #3
    Join Date
    Feb 2006
    Posts
    466
    Basically there are two problems I am facing:

    1. The legal situation in my country is unclear. Chances are about 50/50 so it may be a copyright violation or it may not be a copyright violation...it all depends on what the judge decides. Laws need to be interpreted by judges and so far there have not been enough lawsuits to predict how the judge is going to decide in a specific case like mine. While the situation is unclear I am not allowed to wait for the court to make a decision. Instead if I do not act immediately and leave the site intact waiting for a courts decision I will be guilty of violation copyrights in a criminal and civil way. Basically my country`s law says: We don`t know what to do but will decide whether you did right after you did it.

    2. According to US law I would be forced to suspend a site if I receive a DMCA complaint while at the sime time it may be illegal to do that for me according to my country`s laws. That`s the problem here: Situations my arise where one law forces me to do something that another law forbids to do. In this case no matter what I do I will violate a law and open up myself to liability lawsuits that will be enforced in my country no matter where they take place. The only choice I have is where I want to be sued but no matter what I do I will violate someone`s rights according to one law or the other one.
    Last edited by glace; 09-14-2006 at 04:44 AM.

  4. #4
    Quote Originally Posted by glace
    Once again I am running into the same problem: Someone contacts me and tells me my customer stole their site. So I was looking at his site and they are looking similar and the HTML code is almost equal. Now it depends on a judge`s view whether this is a copyright violation or not. They are similar but not equal. If I suspend my customers site and it was wrong I have to pay all damages caused to the customer. If I do not suspend his site and I would have had to suspend it I am liable for all damages caused to the guy who did complain + I`m guilty of a copyright violation. As a host I am liable once I know about it and do not act. Now since the customer is in the USA I could ask for a DCMA complaint that would make the situation safer for me. But I am in another country and the DCMA complaint has no meaning here. So even if I do what US law says I`m still ****ed according to my countries law. If however I resolve the issue according to my country`s law I may still be liable in the US in regards to zivil and criminal charges. Now what do my TOS say ? My TOS say that I can suspend a site if it violates someone else`s rights. But that is the problem. I do not know if it does and even lawyers don`t know because "it depends"... It depends on how the judge decides and he can decide either way and if he decides different than me then I`m ****ed. Sometimes it sucks beeing a hosting provider. In my opinion hosts should not be liable for anything in any way until a court makes a decision.
    You should've added that you are not responsible for any content on someone's webpage. As it was not put up with your consent. And you cannot always check for copyright laws. You also should put you will not suspend any account until evidence is give.

    For all you know the other site stole from your customer. This case shouldn't involve you but they will try to for records etc.
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  5. #5
    i dont know if you understabnd what im saying but couldnt you suspend the site for people other than the coustomours and the courts judge? as wouldnt you then be suspending the site for the general public but keeping it online for people who are involved in the case?

  6. #6
    Join Date
    Feb 2006
    Posts
    466
    Quote Originally Posted by rebelagent
    You should've added that you are not responsible for any content on someone's webpage.
    ...unless you know about it... Once you know about illegal content hosted on your servers you are in fact responsible for removing it if it is illegal. At least if it is obvious. Now you may say it`s not obvious but a judge may decide otherwise.

  7. #7
    Quote Originally Posted by glace
    ...unless you know about it... Once you know about illegal content hosted on your servers you are in fact responsible for removing it if it is illegal. At least if it is obvious. Now you may say it`s not obvious but a judge may decide otherwise.
    Argue that it can very well be the other way around. How do you know if your clients script wasnt stolen?

    I had a friend who worked in a gaming project with another guy. He paid him to help. But in the end the guy stole all the code and made another game the only difference was the storyline and some minor graphics.

    Many instances such as these happen online. You cannot be held liable for this. ANother thing you can do is suspend the account till further notice. Then have it credited...meaning he gets free hosting for as many days as you suspended him, if he proves not guilty.

    I had a copright lawsuit against a client. The judge never held me responsible. They never even took me to court. The lawyers simply requested when his account was setup with me and the last his files were modified. The client himself was to provide everything else.
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  8. #8
    In the US, I would not suspend, or for that matter do ANYTHING unless.. a) Got a PROPER DCMA notice or b) a legal court order. You can't just go suspending sites on a simply they say - he says accusitions.

  9. #9
    Join Date
    Aug 2001
    Location
    Matrix
    Posts
    2,469
    tell them fax the evidence and then claim you never received it to delay proccess and contact your lawyer for further instructions. Also, in the mean time modify your TOS and include stuff which should defend you from such problems like include lines which says in no circumstance you can be held liable for contents hosted on your servers by your clients and you will not take any action till you receive copy of court order.

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