File hosting Site

Hello,

i want to start a file hosting site such as Rapidshare and Megaupload.

I wont allow pirated files copywrited etc. . . . . .

I also will have a "Illegal File Report" Section in which the users will report any illegal file, and i will delete it IMMEDIATELY.

My question:

Will it be illegal?

Cause i cant check all the files to see if they are illegal.What happens if there are illegal files in my site and noone has reported them?

Thanks

 

What if someone just doesn't like the file, reports it and then it gets deleted? I mean there's bound to be someone who just doesn't like something enough to report it even if it's not in breach. Have you considered just suspending the ability to download untill it has been checked by a moderator?

And the chances are, if you have any illegal files on there, you'll get a request to remove them from the copyright holder etc, so you'd find out in one form or another. But to be on the safe side, you could always monitor the files every so often...

 

I will have to download the file or put someone else to check it, and see if its illegal or not.

So there is no chance to be contacted by any lawyer or something like that ,right?

Just contact me from the form and say its illegal delete it.

No chance of police shuting down the site etc. . Right?

Thanks

 

If you remove reported files any if they are against ur TOS then i guess things should be fine

 

Exactly that i will do..

But you "Guess"?

Thanks anyway

 

That would be the worst case. Mostly the copyright holders will contact you, asking you to remove the copyrighted content. They'll take legal action only when the refuse to remove. Taking legal action costs money.. right ?

 

Yep costs a lot of money.

So if i dont refuse to remove, will ALL be OK?

 

Yeah, surely...

 

i hope so but im not sure.Thanks anyway

 

In the USA the DMCA (Digital Millenium Copyright Agreement) gives "safe harbor" to sites like yours. If someone sends you a DMCA copyright complaint then you must take down the content immediately - or be liable. Many sites only take down content when they receive a formal Form 512 DMCA complaint.

DMCA 512 Procedures are here:
http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation_Act

Your main problem will be your webhost and their Terms Of Service. If they get too many complaints about copyright violation they could cancel your webhosting account with little warning.

 

Its ok.Thanks.What about in EU?

 

I think if you add something in your privacy policy or terms of condition that any copyright content hosted will be on the uploader risk or something like it and do mention that such contents are not allowed then you will be on safe side.

 

Actually No, he is supposed to make the file non accessible to the public and allow the uploader a chance to prove that the file is indeed a work of his as 90% of DMCA requests are fakes by online competitors or just people who dislike the website. After a certain amount of time if the uploader does not respond then the file is to be deleted. IF the filesharing service just goes ahead and deletes it without any type of contact, then the uploader can actually sue the file hosting site.

 

In my option, legal issues can be solved with a proper "report a file" feature, and a well written terms of service.