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  1. #1
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    May 2009
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    File hosting illegal?

    Hello,

    i want to start a file hosting site such as Rapidshare and Megaupload.

    I wont allow pirated files copywrited etc. . . . . .

    I also will have a "Illegal File Report" Section in which the users will report any illegal file, and i will delete it IMMEDIATELY.

    My question:

    Will it be illegal?

    Cause i cant check all the files to see if they are illegal and many users will upload "illegal" files as happens in rapidshare.What happens if there are illegal files in my site and noone has reported them?

    Thanks

  2. #2
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    No is not. Why would it be?

    If you know morally that certain files are illegal... you should delete them if not that is up to you, however make sure it is first an illegal file just because i make a filename windowsvista.iso doesn't mean is an illegal file either.

  3. #3
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    Ok thanks.. . .But if the Copywright holder see that his file is in my server.Whats going to happen?

    Is there a case of pay fine?

  4. #4
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    They will send you a DMCA notice of course and you should follow through it. Don't just skim through it because they are not always the same just asking you to delete a file there is probably other instructions being asked if you can provide for them.

    If you don't follow ..well I am sure they will put it up for courts. Your ISP / host though may or may not impose a fee to the inconvience* of your network but that is up to them for you and them to discuss about.

    If you take care of it within 24 hours that stands out good. I handle mine within 12 hrs or 24 hours everyday.

  5. #5
    Look up the safe harbor provisions of the DMCA. And if you're still not comfortable, talk to a copyright-savvy lawyer (not just the first lawyer in the phonebook) to find out what your obligations really are.

    Obligations, plus explaining how to register as a complaint officer at the copyright office shouldn't take too long.

  6. #6
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    hmm i see....But some users say that such sites -Megashares.com rapidshare etc are illegal..Cause many files upload illegal files...

    Is it allowed to run file hosting site in UK SERVER?

    Will i get caught?I dont allow warez but i can control all the files!!!

  7. #7
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    Those users do not know what they are talking about.

    Yes is allowed... is ALLOWED anywhere in the world. A file hosting site is NOT illegal. What the content may reside within those servers will make it an illegal activity if/and only if the owner of that network willingly knows the transactions between users are copyrighted material.

    Caught for what? Not unless you are willingly putting the files up there yourself. If you get investigated you would be asked for logs and you should have them. Not having them makes you look suspicious. Once they have that they will go for those who uploaded the content. You can be behind servers uploading the content yourself but if they find out you have connection or are uploading the content yourself from a different country. You will have troubles.

    You also have a duty as an owner to have certain policies within your network to prevent this from happening here are some examples: md5 hash (if a file is uploaded as copyright / ban those hashes for a month), ban IPs (pretty clear / remove after a while), report repeat offenders to their ISPs and some others.

    These are just some examples of course not all file hosting sites tend to do this that is why those who are new tend to get removed by their ISP by not having some security policy.

    If you think you will run a network and not upload the content yourself and not get in trouble your clearly mistakenly. I see this all the time. I didn't upload it ..he did. If you know and they prove that game over.

  8. #8
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    So

    So i as a File Hosting site owner will be legal?

    Not any problem?

  9. #9
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    File Hosting is really no different than regular web hosting... you're providing a place for people to upload their own content. As long as you spend some time creating a solid TOS and AUP... and that's best done by hiring a lawyer to do that for you or at least have them check your work... and educate your customers/users so they understand what is allowed and what isn't, and what the consequences are for not following your rules... then you will be ok and your business will be perfectly legal.

    I hope that helps.
    Rob Moore - Founder/President
    DemoWolf.com - Video Support Tutorials for Hosting Companies, since 2005
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  10. #10
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    yes mate but the illegal files will still be on the server..

  11. #11
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    When you are informed of them, remove the files, problem solved..
    simplywww: directadmin and cpanel hosting that will rock your socks
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  12. #12
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    ?

    Quote Originally Posted by Dougy View Post
    When you are informed of them, remove the files, problem solved..


    Hmm is that simple?And then im ALL ok?

  13. #13
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    Quote Originally Posted by ncntnb View Post
    yes mate but the illegal files will still be on the server..
    As long as you do your best to stop illegal content from going on your server, then that's all you can do. In other words, if you see something illegal, delete it. If someone ELSE sees something illegal on your servers that you missed... i.e. perhaps the FBI comes calling, or the local authorities... or even some anonymous individual sends you an email... then you look into it and take necessary action. If they say there's something illegal on your server and they show it to you and you agree, then you delete it. As long as you're covered in your TOS and AUP, you'll have no problems.
    Rob Moore - Founder/President
    DemoWolf.com - Video Support Tutorials for Hosting Companies, since 2005
    Our new service is LIVE - as of June 1, 2016

  14. #14
    File hosting is legal. Hosting copyright material (which you don't own the rights for) on a legal file hosting site is illegal.

    Megaupload and other ventures started off with a vision of hosting files legally and people eventually abused it and used for other nefarious purposes (warez and porn)

  15. #15
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    If you're going to start a file hosting service, heed this warning. You'll want to start a dialogue with your datacenter's abuse department immediately, give them the confidence you will act swiftly on all abuse complaints and ensure that they'll tolerate forwarding them along - because you will get complaints and some DCs aren't so tolerant of them in bulk, particularly if they feel you're not doing your best to curb them.

    So start a dialogue with your DC immediately on start-up, and maybe even talk to their sales people to find out whether their abuse department can handle it to begin with, prior to buying the server. If you end up on the wrong side of your DC's abuse department, you'll hate life.
    I used to run the oldest commercial Mumble host.

  16. #16
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    Since you are planning on doing it in the UK, if a copyright holder finds infringing material, you have a reasonable amount of time to remove the works from your server. Reasonable would be defined by a court and can range from 24 hours to a few months.

    It is not illegal to host files at all, it is illegal to knowingly host illegal files without the intent of taking them down.

  17. #17
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    I understand..What about the DC?I have server in RAPIDSWITCH.COM . . . .

  18. #18
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    RapidSwitch are a pretty good carrier, but you will want to talk to their abuse team just to let them know what you are doing. In your MyServers control panel, there is a tab for abuse, which I believe the abuse team forward all tickets they receive there.

  19. #19
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    Quote Originally Posted by FS - Mike View Post
    RapidSwitch are a pretty good carrier, but you will want to talk to their abuse team just to let them know what you are doing. In your MyServers control panel, there is a tab for abuse, which I believe the abuse team forward all tickets they receive there.

    Thanks a loottt mate..Well what to say to them exactly?


    :/

  20. #20
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    how will you deal with bandwith and storage cost?? it would be astronomically high wouldn't it for this type of service?

  21. #21
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    I agree fully with the dialogue bit. Make SURE the host knows what you're doing.

    As well, taking down files without notice is questionable. It's best to take them down AFTER you've received said notice. I mean, I could upload massive videos, call them something they're not, just to get you to take them down. Let the DMCA team deal with the DMCA stuff (including verifying that it is in fact legal, or illegal).

    I'd also open up a dialogue with anyone who sends you DMCA complaints (through your DC). Let them know that it's better to send them to YOU first, and prove it by acting on those complaints if they're legitimate. This will get you a LOT of trust with these organizations!

    As for the question of filehosting being illegal, the answer as others have stated is no. Hosting COPYRIGHTED material is, but, like I said, it's best to let the legal teams determine what is and what isn't directly copyrighted, and get into dialogue with them directly. This will do you a world of good!

    Good luck!
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  22. #22
    Quote Originally Posted by bb1980aa View Post
    File hosting is legal. Hosting copyright material (which you don't own the rights for) on a legal file hosting site is illegal.

    Megaupload and other ventures started off with a vision of hosting files legally and people eventually abused it and used for other nefarious purposes (warez and porn)
    Indeed, you will need some good lawyer adviser for start with good steps your own file hosting site. Good luck my friend. Many users will abuse using your services if you don't take all the tips in order.

    Cheers,

  23. #23
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    May 2009
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    hmm..Mate does DMCA Exists in EU?

    WiLL I GET a report via mail?

  24. #24
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    Quote Originally Posted by ncntnb View Post
    hmm..Mate does DMCA Exists in EU?

    WiLL I GET a report via mail?
    Why would that matter. Most countries have copyright laws. So you will receive one form of letter or another in any case if a file is copyrighted. The DMCA is pretty straight forward. If you receive such letter you should remove if indeed the material is copyrighted. Having first hand experience with RapidSwitch I do not see them as being the file hosting type..not on their network for sure. They (Butler) go to great extend to make sure all of his and his COO network is clean. However that was years ago things may change and he could lean back on things (not saying he will aid you with breaking the law here) which is why is best to ALWAYS talk to your provider first before doing something later you might regret time & energy on.

    If your next question is what countries do not have copyright laws so you can break them I will not answer that for you.

  25. #25
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    yes

    Mate you did a mistake.I DONT WANT TO BREAK ANY LAW.

    Im just asking what will happen and how will i get informed of the files.Cause i dont want to be responsible for users illegal actions. .

  26. #26
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    It doesn't matter where you host but if the DC is an honest DC and received a complain, then you will be informed to remove it.
    Specially 4 You
    .
    JoneSolutions.Com ( Jones.Solutions ) is on the net 24/7 providing stable and reliable web hosting solutions and services since 2001

  27. #27
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    Ok..So NO chance of paying a fine or going to jail . .?

  28. #28
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    Quote Originally Posted by ncntnb View Post
    Mate you did a mistake.I DONT WANT TO BREAK ANY LAW.

    Im just asking what will happen and how will i get informed of the files.Cause i dont want to be responsible for users illegal actions. .
    I am not saying you are trying to but if that was to ever reach in discussion I want it to have answered it already. You can and will still be responsible for other users actions if you do not act responsibly to any notices given to you or if you willingly know the files are being upload there from certain individuals or organizations. Just wanting to stress that point out.

    You will either get a phone call or a letter then you must take action. Failing to do so will get you in trouble and thus it won't be the users fault of actions it will be yours from removing the material which is a duty of any admin who controls his/her network.

    Hopefully that clears up your question.

    EDIT: To answer your second question there is no guarantee whether you will receive jail or fines that is something that needs to be challenged in any court of law. If the 3rd party whose copyright materials are being violated he/she can challenge your company if they feel it is not doing enough to make them happy.

  29. #29
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    May 2009
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    Oh

    Ohh ok mate..I got it. . But i think that the jail-fine would be the worst scenario,cause i wont forget to delete any reported file!!


    EDIT: Now what to tell to Rapidswitch about abuse?

  30. #30
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    dont think they give jailtime to minors

  31. #31
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    uh

    Quote Originally Posted by jjk2 View Post
    dont think they give jailtime to minors
    Hmm.What do you mean mate?

  32. #32
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    In the UK, minors can get sent to prison, although it's a Youth Offenders prison which works a lot with social services, and normally only in very dire situations and for people who pose a threat to society (there were a few teenagers who stoned an old man to death for example).

    A copyright notice will be received as either a letter, or as an e-mail. If someone phones you, ask them to send you a letter (and provide a mailing address) or send you an e-mail. It's best that legal matters be recorded like that, rather than over the phone, then terms and clauses can be explicitly set out.

  33. #33
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    uh..i dont live in UK mate . . oh my god. . If file hosting will lead me to prison then forget it.

  34. #34
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    Quote Originally Posted by ncntnb View Post
    uh..i dont live in UK mate . . oh my god. . If file hosting will lead me to prison then forget it.
    Just about any type of business can lead you to prison or pay a fine. File Hosting is one of them included. Give me a business and I will give you a scenario.

    These are the things you got to be prepared of.

  35. #35
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    Mar 2008
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    mate,

    what you need to do is find an offshore hosting. Scandanavian countries comes to mind.

    If you really want a guarantee safety, Hong Kong is the place.

    If you want to take it up a notch, get HK citizenship, and move there. Problem solved.

    Also, make sure you incorporate, to protect your personal assets in case of lawsuits.
    Last edited by jjk2; 07-20-2009 at 06:49 PM.

  36. #36
    File Hosting is not at all illegal and is a buzz word today. It is the contents which make it illegal, Just make sure you respond to copyright infringements immediately.

    All is well that ends well. Good luck

    Binoy.

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