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  1. #1

    * Liquid Web TOS question [split from ad thread]

    I wonder in Liquid Web's TOS is talks about not being able to distribute things that are not your copyright. I understand if this simply means "no piracy," but this wording could apply to video sharing sites where users post their own copyrighted work. Would we then not be able to host with Liquid Web because our users are posting their copyrighted works and we do not claim copyright on their works? The users agree by signing up and posting a video that they are allowing it to be distributed on the site, so this should be fine. I guess the lack of DMCA information or clarification on Liquid Web makes me wonder how they handle video sharing sites with legal copyrighted works being shared by the copyright holders (though they are not the direct Liquid Web user). I may be over thinking this, but I have had other hosts have issues (mainly because I believe it was shared accounts and they did not want their oversold servers to get that much traffic, so it may not be an issue with Liquid Web). Does anyone here have a video sharing site hosted with Liquid Web? If so, if you they ever received a copyright infringement complaint about a video on your site did they handle it professionally as the DMCA requires or hastily suspend your account?

  2. #2
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    We've split this off from the dedicated server offer Liquid Web has, as that thread isn't the proper place for it.
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  3. #3
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    Liquidweb is the only party that could really explain their approach to hosting a site like yours. Just because a customer hosts one and he had no issue with them because of it, wouldn't constitute proof that they condone it. It would just be proof that they don't very actively police it.

    Just as they are protected by safe harbor, you too are be protected by the same, so it would stand within reason for them to be OK with your site. That's the theory of it. In reality, if they start receiving lots of complaints, it will translate into real costs for them, and finding a more manageable, fairer solution for both parties might be necessary.

    If so, if you they ever received a copyright infringement complaint about a video on your site did they handle it professionally as the DMCA requires or hastily suspend your account?
    Under the DMCA they have to remove the contended content, and do it expeditiously. If they can't remove/deny access to a specific file, taking the site site down may be their only valid option.

  4. #4
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    Quote Originally Posted by wordoffaith View Post
    but this wording could apply to video sharing sites where users post their own copyrighted work.
    This is why most sites such as that have something in the agreement when you sign up or with every video that you post acknowledging that all videos an content posted to the site becomes the property of the site owner/operator and that if you don't agree with it to not post your video.
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  5. #5
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    If everyone follow the rules and principles I assume there will not be such problems at all
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  6. #6
    Quote Originally Posted by MikeDVB View Post
    This is why most sites such as that have something in the agreement when you sign up or with every video that you post acknowledging that all videos an content posted to the site becomes the property of the site owner/operator and that if you don't agree with it to not post your video.
    Kind of, yeah, though it's not a transfer of ownership merely the creator of the content granting you the permission to redistribute it through this medium.

    IANAL and I certainly cannot speak for LiquidWeb, but providing the content uploaded is created by the user who uploads the video, and does not contain any third party content used without permission, then you should be well within the T&C's. If in doubt, ask LW directly - they usually respond very quickly

  7. #7
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    Quote Originally Posted by JulesR View Post
    Kind of, yeah, though it's not a transfer of ownership merely the creator of the content granting you the permission to redistribute it through this medium.
    It depends on the site, many of the smaller ones actually do take ownership of content uploaded (you have to read the terms and agreement carefully).
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  8. #8
    Quote Originally Posted by MikeDVB View Post
    It depends on the site, many of the smaller ones actually do take ownership of content uploaded (you have to read the terms and agreement carefully).
    Actually, and again IANAL, but I believe terms such as those (blanket ownership) simply cannot be enforced for obvious reasons, and are therefore worthless. Smaller sites may have it written, but probably only because they copied it from somewhere else

  9. #9
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    Quote Originally Posted by JulesR View Post
    Actually, and again IANAL, but I believe terms such as those (blanket ownership) simply cannot be enforced for obvious reasons, and are therefore worthless. Smaller sites may have it written, but probably only because they copied it from somewhere else
    I have no idea if it's enforceable - I'm just saying those are the terms I have seen quite often. I'm by no means an attorney so..............
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