To own a forum where users post links to RIPPED MUSIC AND MOVIES that is hosted on free upload file sites like RapidShare.DE and FileDen.COM? The forum owner is not uploading any illegal material on his site and only has links on his forum pointing to the file upload site, not directly to the file download. This is simillar to many Warez Forums.
No it wouldn't be legal. Since the owner will be linking directly to the files they will be deemed as facilitating copyright infringement and piracy and would be held accountable. Take Napster as as example. They only allowed for the sharing of files and didn't host any files themselves, yet they got sued and lost their case. Many of the sites providing links to copyrighted material (EDonkey and other links) have also been shut down and their equipment seized (see: ShareReactor etc.) So my advice would be to stay far away from this. Unless you have the money to spare to afford very good lawyers.
but you are refering to software where I am not What I am talking about is a person on a forum(SITE A) posts a link to a site(SITE B), on that site(SITE B) there is a link where you click and download the file(hosted on SITE B). Software is different to this because the software directly links you.
No, the principle is exactly the same regardless if the delivery system is a site or if it is some type of software. It would still be illegal and cause serious issues for you,
If you have to ask if something is legal, in a forum, that might be your first clue that you need to come up with a better idea.
but i see many people doing this let look at it like in real life terms: You ask where you can get drugs, I tell you from Joe, you go to Joe and buy the drug from him. Would I get in trouble for telling you?
If you wanted to murder someone and I told you who to hire to do it, would I get in trouble? I see many people killing people, buying drugs and doing other illegal things too. That doesn't mean it's okay for me it.
You last paragraph doesnt pertain though to the question tho. But is a site like this legal too then ? http://www.yourtvlinks.com/
Yes it would be illegal. Use common sense... would you link to a site that offer Windows XP or any other software program for download? I don't think so since that would just be blatant piracy. Read this: Digg Army not wise all the time - Contains links to a site that got a cease-and-desist letter from Fox. Case files regarding linking and liability Australian Case Contibutory infringement
Some more and very important articles to read: Linking to copyrighted material is illegal Linking law expert's views Now before you jump on the "OMG they are trying to kill the internet bandwagon" take some time to consider this. They aren't trying to restrict your ability to link to sites in general (since most website content are copyrighted as well). The important part is intent. If you are linking to something to allow others to download, view and steal/pirate copyrighted material they would otherwise have had to pay for to get then this law will apply and it's definitely illegal. If you are linking to an artist's site containing a portfolio of their amazing work to share and expose the artist to the world then that would definitely not be illegal. Stated in another way: The law governing linking to copyrighted material is only relevant if you are in some way trying to undermine the copyright holders right to distribute and earn from their work, and helping others to do so as well. *In any case, those are my views on the subject*
It doesn't? Well, roll me in peanut butter and kick me into a pack of puppies. In case you're wondering how it did relate to your question, you said this beforehand:
does you last sentence mean you are going to kill someone (in context)? because Im not downloading im only telling, you last sentence is incorrect grammatically so its hard for me to understand
You first link has the story but many people who posted comments have the same idea as me and say linking to illegal material not hosted on your server is not illegel, an excerp "But fox did indeed say that linking to there content was illegal, which IS very questionable by the law, of course uploading pirated content to a website is against copyright law but linking to that content it is NOT illegal and fox is trying to say that it is. That’s the story. I challenge you to prove that linking to video upload by a user without permission from the copyright holders is illegal. Uploading the content is…hosting it is…linking to it? No way, and if it was then we wouldn’t have search engines." --- I will read your other links soon.
Those are just the comments of Digg users that seem to have misunderstood the whole thing. Most of them think that this will stop the nature of the web and that it prevents linking to anything. The fact is there are 3 cases where the US courts have decided that linking to illegally distributed copyrighted content is illegal. So if someone takes you to court you will most likely lose and could be held liable for damages. It's simply just not worth it.
Did you mean "YOUR" and "IT'S?" Please don't tell me it's grammatically incorrect, especially when your posts are riddled with school boy errors. I have just a tad bit more training and experience than you in that area. It's hard for you to understand, because there's a brain and/or language issue at hand. The smart play is to pony up a few bucks and go to an attorney. And how many of them are attending law school or studied law in undergrad school or are lawyers? It seems like you're looking for "comfort" more than anything. The fact that you want to run a forum that FACILITATES the conversation about illegal ripping and sharing of content, plus the direction towards said items, is appalling.
Atleast my sentences were not missing whole words. The thing is though, that I have been to many site like this who have recieved C&D letters. Yet they are never taken to court or shut down, becuase they say they are linking to the page not to the material. I can understand this may be ethically wrong, but you haven't stated if it is truely illegal.
Are you referring to the ONE sentence out of many that I wrote? Personally, I don't care what your grammar is or isn't. You're the one that brought it up. Like I said before, just pony up the cash and go to an attorney. Ask mom or dad to help you out if need be. It shouldn't be much money at all.