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  1. #1
    Join Date
    Mar 2008
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    606

    LEGAL ISSUE: which host to turn to?

    hey guys

    im running a site where users can submit their comic books excerpts or works.

    but sometimes there are users that upload copyrighted works.

    how to deal with this problem? I have the DMCA legal notice that I copied from other websites and fixed it to suit mine.

    I remove any copyrighted material upon request.

    I cannot monitor all posting 24/7.

    so which hosting, location(us, amsterdam, netherlands?), and other precuations should i take ? is it okay to copy legal stuff from other similar site and change around the wording to fit my site?

    any host recommendations ? i love linode.com as they have lot of good reviews. a2b2 seems okay but theres a few thread doing funny stuff to customers.

  2. #2
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    One way of dealing with it would be to not host it at all. Honestly, I don't think there is any legal way to be hosting comic books online for free without getting in trouble.
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  3. #3
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    Quote Originally Posted by Rageki-John View Post
    One way of dealing with it would be to not host it at all. Honestly, I don't think there is any legal way to be hosting comic books online for free without getting in trouble.
    yes my website aims to be a user dreated content hosting. however some users abuse this, and i really cannot keep tabs on all new postings.

  4. #4
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    I think the way your doing it now is your best option. As long as you comply with the request appropriately you should be alright.
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  5. #5
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    You could actually get a group of friends so it would be easier to monitor the website and constantly check to see if someone wants their content taken down. That way it would be easier to avoid legal issues. You could always try offshore hosting, although I'm not sure how offshore hosting works for comics but I think it's worth a try.
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  6. #6
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    Quote Originally Posted by jjk2 View Post
    I have the DMCA legal notice that I copied from other websites and fixed it to suit mine.
    Just hope that you don't get a DMCA notice regarding the DMCA notice that you copied
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  7. #7
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    Quote Originally Posted by bqinternet View Post
    Just hope that you don't get a DMCA notice regarding the DMCA notice that you copied
    i was thinking the same thing. how far will they go lol

  8. #8
    Join Date
    Sep 2006
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    Simple.

    Have a "report this comic" link. If more than (for example) 5 people report it, then automatically suspend the comic pending further investigation.

    This way, if it is a bad comic, it'll hopefully be offline within minutes.
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  9. #9
    Join Date
    Apr 2007
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    No, You cannot copy other peoples text as that would be a copyright violation. But If I were you, I would go to a host that is bigger, such as host gator. This will give you more time to buy when they get a abuse statement. You will hopefully be able to take the stuff down before they get a change to look at it.

  10. #10
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    interesting....why hostgator ?

  11. #11
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    Quote Originally Posted by jjk2 View Post
    interesting....why hostgator ?
    The reason I say hostgator is because they are so big, They dont have as much time to monitor everyone's website as much as a smaller host would.

  12. #12
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    I think you're best bet would be to spend 30 minutes with a lawyer who can advise you categorically. Not sure about where you live, but in the UK it will be around Ł100, which in my mind is money well spent.
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  13. #13
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    Quote Originally Posted by tristanperry View Post
    Simple.

    Have a "report this comic" link. If more than (for example) 5 people report it, then automatically suspend the comic pending further investigation.

    This way, if it is a bad comic, it'll hopefully be offline within minutes.
    This would work so long as its not a Mohammed comic
    I could tell you a joke about UDP. But I'm not sure you would get it!

  14. #14
    Join Date
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    The reason I say hostgator is because they are so big, They dont have as much time to monitor everyone's website as much as a smaller host would.
    Is it really a host's job, big or small, to snoop around customers' sites and files?

  15. #15
    @jjk2 Change your process to only put the material public that you authorize? This way you'll get rid of a lot of the complaints, I'd think.

  16. #16
    Join Date
    Mar 2008
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    Quote Originally Posted by Henrik View Post
    @jjk2 Change your process to only put the material public that you authorize? This way you'll get rid of a lot of the complaints, I'd think.
    i can't the sheer volume.

    also theres nothing in the law that says i have to sacrifice my life trying to catch every single copyright.

    i guess the only solution is

    when complain comes in i comply and cooperate.

  17. #17
    Join Date
    Oct 2004
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    And what if you introduce pre-moderation? I mean, if user offers comic, you or some moderators review it and if it's legal, you let it go.
    Another option - mentioned by you "when complain comes in I comply and cooperate"

  18. #18
    Quote Originally Posted by jjk2 View Post
    i can't the sheer volume.

    also theres nothing in the law that says i have to sacrifice my life trying to catch every single copyright.

    i guess the only solution is

    when complain comes in i comply and cooperate.
    You are aware of the problem, thus it is your job to solve it. Having a "yes / no"-button in the CMS (sic) you run to moderate the sent content wouldn't sacrifice your life and would help to minimize eventual copyrighted works to be uploaded to your site and thus save you headaches in the long run.

  19. #19
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    Mar 2008
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    hey guys alls been going well with the site.

    however, i have read some distrubing stuff how the DMCA will not protect you and how companies can proove you are being negligent and thus leading to jail time and fines.

    my understanding was that if copyright infringing notices are received and those materials are immediately taken down, there can be no further pressure.

    is it true that DMCA can be challenged and thus meaning an end to all torrent sites and community websites

    i am just concerned, and would like to know if anyone else had ever received a DMCA copy right infringement notice and had to remove material.

    is there a support group for something like this

    thanks again.

  20. #20
    Join Date
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    What you need is a host outside of United States jurisdiction.

    Im sure there are some around who don't care for copyright.
    I could tell you a joke about UDP. But I'm not sure you would get it!

  21. #21
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    Quote Originally Posted by jjk2 View Post
    hey guys alls been going well with the site.

    however, i have read some distrubing stuff how the DMCA will not protect you and how companies can proove you are being negligent and thus leading to jail time and fines.

    my understanding was that if copyright infringing notices are received and those materials are immediately taken down, there can be no further pressure.

    is it true that DMCA can be challenged and thus meaning an end to all torrent sites and community websites

    i am just concerned, and would like to know if anyone else had ever received a DMCA copy right infringement notice and had to remove material.

    is there a support group for something like this

    thanks again.
    Yes, a DMCA can be challenged. It is only a temporary measure to obtain relief from copyright violations. The site operator only has to submit a counter notice to legally reinstate the content.

  22. #22
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    Like this current forum you are posting in, you need to hire mods that will browse and search for this copyrighted material that the spoilers are posting. I'm sure, like WHT, anyone posting on the site would love the job (even though you aren't paying them) to moderate.

    Any user that is offered a job that gives them power most likely won't ask for money as they will have "Power"

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    Last edited by anon-e-mouse; 05-03-2008 at 02:24 AM.

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