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  1. #1
    Join Date
    Oct 2009

    Is that legal or not ? (Site)


    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.

    Regrads , Jack.
    Last edited by GonGon; 11-05-2009 at 06:48 PM.

  2. #2
    I think it would be legal. You do not own the files. You just provide the search engine. People do get sued but mostly its torrent sites. You are not offering torrents.

  3. #3
    Join Date
    Sep 2009
    South Korea
    It is understandable but still you might get into trouble it all depends
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  4. #4
    Join Date
    Sep 2006
    Dallas, TX
    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.

  5. #5
    Join Date
    Oct 2009
    Quote Originally Posted by NeilAgg View Post
    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.

  6. #6
    Join Date
    Oct 2004
    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"...

  7. #7
    Join Date
    Jun 2006
    Devon, UK
    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.

  8. #8
    Join Date
    Mar 2008
    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.
    I used to run the oldest commercial Mumble host.

  9. #9
    Join Date
    Jan 2007

    First of all, you are converting the files in an attempt to breach software which is used to protect copyright, you are then distrubiting the files out.

    Just because you have a TOS stating it's not your fault, doesn't make it legal, the Law is always above any agreement.

  10. #10
    Yeah I would go along the dodgy side just to b safe.

    You are basically converting (prob not too bad depending if copy protection is in place) and then storing, the storing is the really sticky point.

    No you cannot be there to catch everything, but you can add in the facility to check against a list of " no no's " to search for.

    Also have a quick and simple way on your site for copyright owners to contact you to ask for removal, remember a dmca is a PITA.

    just my 2 cents
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