Liability & Legality

#1 (permalink)

If i were american i would simply agree with the DMCA rules, and i would have had no problems. Unfortunately, i live in this country where (a law from the 1943 says) that i'm PENALLY (from 6 month to 5 years!!!) liable if i share copyrighted content.
The first question i would ask is: how can i know what laws do a website has to follows? I mean, if the website is a .it (it's the regional prefix for italy, like in my case) and servers are in USA, do i have to "follow" american or italian rules? Both maybe?

Thank you. If unclear please ask, my english is quite scholastic.

#2 (permalink)

Your country AND the country you are hosting in.

Distributing copyrighted material with explicit authority is illegal in most of the civilised world

__________________
Chris. ->>
Please login or register to view this content. Registration is FREE
<<-
A foolish consistency is the hobgoblin of little minds
Thought for today:- Is SEO the only industry where all the cowboys are Indians?

#3 (permalink)

Than the country where i'm plus the country where i host. What if i open an american liability limited company? Would that still be italy+ usa or would it transform to usa + usa?

I don't want to make nothing of bad, if megaupload and rapishare still exist (and they win trials) there must be a reason. I would remove copyrighted content, if asked. Just like any other american filesharing website.

#4 (permalink)

Hide the whois and stick it in an American name and address, still will get taken down eventually most likely but at least you probably wont be in jail.

__________________

#5 (permalink)

And your reason for wanting to have such a site

__________________
Chris. ->>
Please login or register to view this content. Registration is FREE
<<-
A foolish consistency is the hobgoblin of little minds
Thought for today:- Is SEO the only industry where all the cowboys are Indians?

#6 (permalink)

I would prefer to to something legal. Last time i check using a fake name/address was something of really bad. More than piracy.
I know lots of american websites that has no legal problems at all since that they follow the DMCA. DMCA says that (example) rapidshare is a provider. It's not liable for the content users uploads to it, while the users are. (this changes if the provider don't remove pirated content once asked).
Than i think that the only one is to open a company somewhere - somehow. And act as a company.
Do someone have any idea if an american LLC can be made from non-usa citzen, and how much will it costs?
However, there are LOTS of website having a little society in Hong Kong, x7.to for example.

@chrishirst: i want to revolutionize the sector.

#7 (permalink)

What if i put this in the TOS, "you are responsable for what you upload" etc...
Would this be universal (i mean cross-country) or what?

#8 (permalink)

Dosnt work for torrent sites so why should it work for standard upload sites?

__________________

Please login or register to view this content. Registration is FREE

Learn professional skills from professional people, from $6.50 a month.

#9 (permalink)

Because on torrent sites there is a search engine. Here i will provide an url, a password, to the user. If the password is shared, is because user did so.

#10 (permalink)

**** me, you want to break the law but only want to break it a little bit, grow some balls for gods sake.

__________________

#11 (permalink)

THIS IS THE POINT: I DON'T WANT TO BREAK THE LAW!!!
Rapidshare won a trial just a month ago in california, do you think he would have won if it was illegal?
Sites like rapidshare and megaupload ARE NOT ILLEGAL.

Correct me if i'm wrong.

#12 (permalink)

There you are then. Off you pop!
So, tell us again then, if the above statement is true WHY are you asking the question??????

__________________
Chris. ->>
Please login or register to view this content. Registration is FREE
<<-
A foolish consistency is the hobgoblin of little minds
Thought for today:- Is SEO the only industry where all the cowboys are Indians?

#13 (permalink)

#14 (permalink)

Because rapidshare is a german company with servers all over the world. I'm from italy than i suppose the law to be different. This is the main problem.
Megaupload has a Honk Kong company, like many others.