I own a music site , and as i see it im not doing anything ilegal , i would like to hear your opnions.
My site is a music and media searching site , the search results that diaplays on the search page are grabbed from youtube , metacafe and a some more videos sites (you got an option to hear them , add to playlist and some more stuff).
The costumer that using our services got an option to convert the video to a mp3\mp4 file , the convert takes about 2 mins and the costumer got it as a mp3\mp4. The files are saving on my server , after the first convert the next time the file will be show in 1 sec without the convert. As i see it it is like those sites that allow to download from youtube and convert it to an audio file. (As far that i know they are legal)
As i see it there are a lot of files that arent copyrighted and some are copyrighted and i cant handle what my costumer has chosen to download , and i`m not a judge that know what is legal and what isnt legal , there are more than 1 bilion results on the site. In my TOS i wrote that all the responsibility is on the costumer , and some more stuff that remove the responsibility from me.
I would like to hear your opnions about that , if anyone got a history with that kind of site i`ll be glad to hear some advices.
It is understandable but still you might get into trouble it all depends
Internet Brothers Asia*SEOUL South Korea Since 1999 http://www.internetbrothers.co.kr Business Registration 134-11-18207
▇ ASIA KOREA Web Hosting with English Support focusing on International clients in/out of Korea
Cloud XEN VPS, VDS , Dedicated Servers physically located in South Korea Twitter @internetbros
I think the wrinkle is that he is storing files some of the files on his server. If any of those are illegal, he could face liability.
Yes , but i cant know which is legal or which not cuz the files are daving as id "YbGj87G" for an example , i got more than 40,000 files atm , there is no way that i can know if my costumer downloaded copyrighted file or not , same as i cant filter the copyrighted files on the result page.
Basically - should be legal. In order to avoid suing - just put any disclaimer. Like - "By converting this file, you confirm that you do have a right to do so and that [website adress] would not be responsible for any damage done"...
That actually sounds quite illegal. You are in fact, distributing copyrighted works without the prior consent of the copyright holder. If someone wanted to sue you, they wouldn't have a hard job of it.
You should list an abuse page where you can remove and block links, along with the modification that maniakaz posted to your TOS.
Agreed with above - if I understand correctly, you're basically advertising a service to rip audio from sites like Youtube... so it doesn't sound like what you're doing is legal.
You're breaching the terms of service of Youtube, to name but one example. You're also making content available when you do not have any right to that content, regardless of whether you store that content or just transmit it.
The idea of having a disclaimer "do not use this service unless you have rights to the media" isn't worth the effort you spent to type it out - this exact disclaimer has never worked for warez sites before (who've operated before on the strict "principle" that you "only download warez you already own"). The courts don't see it that way - AFAIK you're still infringing.