Liability & Legality

**dashed** · 03-07-2007, 09:18 PM

I was wondering, is hosting links to [rapidshare, megaupload, sendspace, etc] hosting illegal content, actually illegal?

**silverspike** · 03-07-2007, 11:23 PM

i dont believe so, i think there TOS are written so they cant get sued for illegal content put into there servers.

**Moelman** · 03-07-2007, 11:24 PM

They can't control what people upload so they're not liable. I believe thats how it is at least.

**davejuk** · 03-08-2007, 06:07 AM

My understanding is that they're only breaking the law if they are aware of illegal content and fail to act. This discourages companies from snooping around their own servers and so most don't. They'll only act if something is reported to them, since then there is proof they were made aware of it.

**Will.Spencer** · 03-08-2007, 06:13 AM

The phrase is "common carrier."

**Elemak** · 03-08-2007, 09:39 AM

I don't think he was asking that. I think he was asking about linking TO illegal content hosted on those sites. I could be wrong but from the way he phrased his question that's what it sounds like to me.

As an example, www.allsp.com has all the South Park episodes. It has a disclaimer *claiming* it is legal because they do not host the episodes themselves, they are just linked from other websites.

But in a case like that it is not user-uploaded content -- they are deliberately linking to user-uploaded content on *another* site. In that case I believe it is quite illegal... and I believe a site like www.allsp.com will be shut down once it gets popular enough that it gets noticed... and possibly sued as well.

**imported_Glen** · 03-08-2007, 09:47 AM

Quote:

Originally Posted by Moelman

They can't control what people upload so they're not liable. I believe thats how it is at least.

Yeah thats pretty much it, although if they 'know' about some illegal content then they are supposed to remove it immediately

**funkedup** · 03-08-2007, 10:14 AM

I had a similar question - bit different though

Say for example I open a new site. On the site is lots and lots of music video - Avril Lavigne, Britney Spears etc -

These videos are all uploaded onto Rapidshare or Megaupload

Now the difference here is - I have not uploaded these files personally myself

Let's say some other people are uploading these files

All I am doing is - On the home page I am putting links to the location of these files - (Rapidshare link) for example

What would happen in this instance? Can I protect myself in anyway by doing this? Is it safe? What if I use a non-US based server?

I love sharing music videos and instead of doing it via a forum - would like to make it easier for friends and do it this way - just link

Again - I am not uploading the content onto Rapidshare - I just found al ink and put it on my site

What do you think Ele?

**TM.** · 03-08-2007, 12:00 PM

I made a myspace site ripper (to download songs from myspace) and they threatened to sue, big style. I'm not actually hosting any of the files, but they argued that the only reason the site is there is to infringe on copyright.

Usually with these sites it's not worth the revenue for the risk. Unless you've got a server in sweden or something :P

**funkedup** · 03-08-2007, 04:54 PM

Why Sweden? What about UK?

I want to make a "adult video" site but links to stuff I personally have not uploaded, and linked onto Rapidshare - from random people in the world who have uploaded it

**dashed** · 03-08-2007, 07:33 PM

Quote:

Originally Posted by hollisterbay

Why Sweden? What about UK?

I want to make a "adult video" site but links to stuff I personally have not uploaded, and linked onto Rapidshare - from random people in the world who have uploaded it

Yeah same.

**imported_bmr** · 03-14-2007, 04:47 PM

I can't post the link to the site

: but search wikipedia for
Section 230 of the Communications Decency Act.
Section 230(c)(1) provides immunity from liability for providers and users of an "interactive computer service" who publish information provided by others
I'm sure most provider use this as a means of escaping suites.

**.insane** · 03-14-2007, 10:47 PM

well its the same reason that isps are protected when their clients download illegal content. They do not moderate watch or control the usage of the users hence they are protected only if they remove the infringing content when a takedown notice is served

**dashed** · 03-25-2007, 03:10 PM

So I can use this to allow my users to freely post links to megaupload and rapidshare?

**.insane** · 03-26-2007, 02:52 AM

yes provided that you do not moderate any links posted IANAL

**anthonylrm** · 07-08-2007, 01:44 PM

i don't think rapidshare is illegal. if they are, they would have been shut down due to copyright issues.

**anthonylrm** · 07-08-2007, 01:45 PM

try tradebit.com. this site lets you upload and sell your files online.

**knivez** · 07-08-2007, 09:12 PM

I think rapidshare gets away from stuff because of their TOS and for the fact they aren't based in the USA>

**FitanRich** · 08-24-2007, 07:29 PM

That is correct, my friend runs imagehoster.info a while ago and never had a problem even though copyrighted cartoons appeared (when he was notified he deleted them of course)