1. Advertising
    y u no do it?

    Advertising (learn more)

    Advertise virtually anything here, with CPM banner ads, CPM email ads and CPC contextual links. You can target relevant areas of the site and show ads based on geographical location of the user if you wish.

    Starts at just $1 per CPM or $0.10 per CPC.

Can A Website Can Get Sued Or Receive A Dmca Notice? How?

Discussion in 'Legal Issues' started by KaushikDB, Feb 9, 2013.

  1. #1
    Here's the scenario.
    1. I am a complete noob about this DMCA stuff.
    2. I am currently building a website where people can find download links for movies, games etc.

    My question: Can I get sued?

    When I first started to build my website, I knew that what I am doing wasn't quite legal but I read somewhere where if your website just contains links and the actual files of movies, copyrighted content is stored on other sites like depositfiles.com then I am not going to get sued (and there's still a lot of sites sharing links and they are still on, so I thought that's why they are still on and I started the project). But today when I went to one of my favorite sites (which is http://www.ffinsider.net/psp-isos/) I just saw a that they have received DMCA notice. So, that left me thinking about my site.

    My website is not launched yet but heres a demo (http://www.vitagamer.net/Pages/Contents/Home.aspx). So, am I going to received DMCA notice?

    I am not sure if I have provided all information here to answer that question and I don't know if it's the right place to ask this question. Sorry for that. Thanks for taking time to read this out.
     
    Last edited by a moderator: Feb 9, 2013
    KaushikDB, Feb 9, 2013 IP
  2. Snat

    Snat Well-Known Member

    Messages:
    86
    Likes Received:
    7
    Best Answers:
    1
    Trophy Points:
    130
    #2
    You will get a DMCA and it would not surprised me if someone goes after to sue you and get that website closed down. While I reckon you would be able to start that up fine for a while and make the website grow - you will get the attention of someone in time.

    I have noticed many people seem to think DMCA protects them so they can do whatever they wish but people are not aware that a DMCA protects the web host and the ISP (deemed as online service provider) - NOT the owner of the website even more so if they are the one uploading the material or in the case of linking to copyright material purposely. I am sure if you Google the case against TV-Links.co.uk you will find a fine example of this. While the law is still a bit edgy in the US about linking to copyright materials directly, it can quite easily be decided that linking is illegal but no one will really know until this is debated in a high profile court case.

    Secondly you are only safe from liability when it comes to a law suit if you are not aware it is happening and responding to the DMCA when needed by law and to be honest, if I was to be the agent sending you a DMCA notice I can clearly see you know full well what you are linking too and thus would highly be liable for everything that happened on that site when it comes to a law suit.
     
    Last edited: Feb 9, 2013
    Snat, Feb 9, 2013 IP
  3. KaushikDB

    KaushikDB Active Member

    Messages:
    10
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    58
    #3
    So you are telling it would be very risky to start a site like that. At your words, in time I'll get attention and get sued. Do you think if start this site totally private it would help?

    Thnks for the reply.

    By the way, there's websites like http://rslinks.org , http://www.heroturko.me where the way I see it's same situation. Can you tell me how they're still not down?
     
    KaushikDB, Feb 9, 2013 IP
  4. Snat

    Snat Well-Known Member

    Messages:
    86
    Likes Received:
    7
    Best Answers:
    1
    Trophy Points:
    130
    #4
    If you grow large enough, you will get someone's attention.

    There is indeed other sites like it and there are many reasons why they make not be down yet (hosted in a place where copyright laws are not the same as the US, live in a different place etc). It doesn't matter if others are doing it, if you are based in (or live within) the United States it would be illegal and in time you could get caught. It is the same way as many other people could be speeding on a public road and not get caught, while you do and happen to do it when the police is around.

    It is risky to do, even more so when you openly admit to doing it. If you had a file sharing site you could deny you are aware of what is being uploaded but on a site like yours when it openly invites people to download games - I would be pretty sure in a law suit the other party would have a easy win.

    The DMCA is designed to protect ISPs such as web hosts in case their customers are uploading copyright material, sharing copyright material while in your case you ARE the one that is sharing it. The only thing as I said earlier is linking to illegal sharing is not yet "agreed" on what will happen in the United States so at best you are operating in a grey area.

    All that said, I do not know US law perfectly and only advising based on when I ran a web hosting business and we got legal advise on how to deal with the US DMCA while being in the UK.
     
    Snat, Feb 9, 2013 IP
    xanth and Colleen like this.
  5. KaushikDB

    KaushikDB Active Member

    Messages:
    10
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    58
    #5

    Thanks again for the reply. Now I see the problem. I am openly inviting people to download contents.
    I'm gonna give you some info if you can help me a little more. I am currently in India. And the host I am using for my web hosting is livetecshosting.com which is probably is a usa based host.


    So, here's what I am thinking.
    1. I am going to remove those things that seem to be inviting users.
    2. I am going to host it outside US.
    3. I am going to make that private.

    Will it not reduce the chance?
    You said, there's a lot of factors that similar sites are still not down. Can you tell me those factors or link me some page so that I may learn?

    Can you give me some advice on how it could be more safer?
     
    KaushikDB, Feb 9, 2013 IP
  6. Snat

    Snat Well-Known Member

    Messages:
    86
    Likes Received:
    7
    Best Answers:
    1
    Trophy Points:
    130
    #6
    Sorry, I can not offer any further advise due to not knowing about India copyright laws but IF it signed the WIPO Copyrights Treaty then it is still illegal to do so - the chances of getting caught is a far different story.

    WIPO Copyrights Treaty was basically a massive agreement when it comes to universal copyright.

    That said to get out of reach of DMCA (but not out of reach of any possible legal action).
    • Do not host within the United States.
    • Do not host with a host that honours DMCA (there are some outside the USA that does).
    • Do not use any domain that is not a country domain (such as .com, .org etc but use something like .in)
    • Do not use any domain company that operates within the United States.
    That would help you not get DMCAs, but that doesn't mean its legal to do and you will need to look up India copyright laws.
     
    Snat, Feb 9, 2013 IP
  7. KaushikDB

    KaushikDB Active Member

    Messages:
    10
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    58
    #7
    You have no idea how thankful I am to you. Thanks a bunch for the information. I'll keep that in mind.
     
    KaushikDB, Feb 9, 2013 IP
  8. KaushikDB

    KaushikDB Active Member

    Messages:
    10
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    58
    #8
    India seem to sign the WIPO.
    http://en.wikipedia.org/wiki/List_of_parties_to_international_copyright_treaties
    WIPO signed means dmca still can get to me?
     
    KaushikDB, Feb 9, 2013 IP
  9. Snat

    Snat Well-Known Member

    Messages:
    86
    Likes Received:
    7
    Best Answers:
    1
    Trophy Points:
    130
    #9
    No, DMCA is a United States law that protects ISPs etc. If they signed it, it means India has to follow universally agreed copyright laws so "in theory" you can still be sued and whatever legal issues you may face due to it.
     
    Snat, Feb 9, 2013 IP
  10. KaushikDB

    KaushikDB Active Member

    Messages:
    10
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    58
    #10
    Okay. Thank you. I don't think copyright is a issue here. In fact I've never ever bought a movie. Always got it off the torrents.
     
    KaushikDB, Feb 9, 2013 IP
  11. xanth

    xanth Active Member

    Messages:
    328
    Likes Received:
    13
    Best Answers:
    0
    Trophy Points:
    60
    #11
    So essentially you know that you're making money off of someone else's property. But then you see a lot of people doing stuff like this and making money and insisting that if they split a hair a little, it's legal - or are you sure? Do you think these people are telling you the truth or maybe it is what they want to believe is the truth?

    Snat put it perfectly - if you get large enough, you will attract attention (whether or not you may be within your legal rights as determined at the end of prosecution.) If you want to know about your liability, look at "contributory infringement" and you'll have your answer. Common sense should dictate that if you're just providing the addresses of people's homes which are easy to rob, you probably will and should have some liability. There are no guarantees as to who may or may not be prosecuted and you can explain your theory of immunity to your host, prosecutor or whomever should that time come.

    I'm not even sure I should comment on this quote. :) Copyright infringement is the entire issue.
     
    Last edited: Feb 9, 2013
    xanth, Feb 9, 2013 IP
    Snat likes this.
  12. KaushikDB

    KaushikDB Active Member

    Messages:
    10
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    58
    #12
    I meant I've never felt it's like a issue here in India.
    I could not understand your 1st para @xanth. Can you please explain it to me?
    I am really a noob on this, so, if I am saying really stupid things, please bear with me, and explain, I need to learn these stuff. I know there's nothing that can stop me surely from getting sued. But I just wanna know that there's sites like mine, which is not down and still running. How come they're not turned down. I saw one of them getting down today. So, should I believe that it's just a matter of time?

    Other thing is, I am pretty sure that my site's not gonna grow big (I don't know how big it have to be to get me into trouble though). And if I keep it private, doesn't it reduce the chances significantly?
     
    KaushikDB, Feb 9, 2013 IP
  13. xanth

    xanth Active Member

    Messages:
    328
    Likes Received:
    13
    Best Answers:
    0
    Trophy Points:
    60
    #13
    So if I understand correctly, you know that it's illegal conduct but in India it doesn't seem to be the kind of crime where most get prosecuted. Perhaps here and there it happens, websites go down, but few have serious problems. What you seem to be asking is for others to provide a best practices guide for operating an illegal website. Would that be accurate?

    Question: Why not direct your efforts towards creating something legitimate?
     
    xanth, Feb 9, 2013 IP
    JEET likes this.
  14. KaushikDB

    KaushikDB Active Member

    Messages:
    10
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    58
    #14
    I'll put thought in to your last question. When I first started this website I never thought that publishing that would this big deal actually. I worked on that for like 4 months. It even hurt my grades. I really don't want to let this project go to trash. That's why I was just looking for a way to publish it watching there's a lot of websites like that still going.


    No. I am not asking here for best practices to run a illegal website.
    First I was confused if what I am going is a great crime because I was only providing links.
    Now, I'm sure it's a big deal. I am just wondering that if it's a big deal, then why all torrent websites, link sharing websites aren't down already. I just wanted to know. That's all.
     
    KaushikDB, Feb 9, 2013 IP
  15. xanth

    xanth Active Member

    Messages:
    328
    Likes Received:
    13
    Best Answers:
    0
    Trophy Points:
    60
    #15
    In your first post you said that you had an idea that what you were doing was probably illegal. Probably not a good idea to invest time in illegal activities if you aren't willing to accept the consequences of a possible lost investment and trouble with civil or criminal law. 999 out of 1,000 people may get away with it but, if you're the lucky winner to get caught, your defense that 999 other people got away with the crime isn't likely to help you.

    Why do robberies and rape take place every day and haven't disappeared? People make decisions. The law isn't so quick to react and different countries and places have different priorities as to what is most important to prosecute first. The choice is your whether you want to engage. But if you want to rationalize how what you're doing isn't so bad, your approach probably needs some rethinking.
     
    xanth, Feb 9, 2013 IP
  16. KaushikDB

    KaushikDB Active Member

    Messages:
    10
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    58
    #16
    You're right. That's why I mentioned before it's just a matter of time.
    By the way, thought it doesn't really matters now, I knew it's kinda illegal but I didn't knew those serious consequences gonna come up to the host (I thought it's gonna go over the file host like megaupload). And I guessed that it's just the removal of the file is what's gonna happen normally. So..thanks for all infos guys.
     
    KaushikDB, Feb 9, 2013 IP
  17. browntwn

    browntwn Illustrious Member

    Messages:
    8,347
    Likes Received:
    848
    Best Answers:
    7
    Trophy Points:
    435
    #17
    This is not true. Where the website allows user generated content, and complies with the provisions of the DMCA, the owner of the website is absolutely covered by the DMCA. An example of this is youtube, which allows user generated content and is protected by the DMCA in cases where someone uploads protected content. Sites like this forum, forums.digitalpoint.com, also allows user generated content. Many web sites and their owners are protected by the DMCA.
     
    browntwn, Feb 10, 2013 IP
  18. Snat

    Snat Well-Known Member

    Messages:
    86
    Likes Received:
    7
    Best Answers:
    1
    Trophy Points:
    130
    #18

    You are correct about that which is as I said - it is designed to protect those running websites that does not know what is uploaded (just like my example I used - a file web host and thus defined as a OSP). The other person is purposely linking and thus knows full well what is going on and is not protected by it. If it was as simple as that, everyone would be whacking it out, everyone would be uploading illegal content and nothing would happen about it.
     
    Snat, Feb 10, 2013 IP
    browntwn likes this.
  19. browntwn

    browntwn Illustrious Member

    Messages:
    8,347
    Likes Received:
    848
    Best Answers:
    7
    Trophy Points:
    435
    #19
    I agree it does not protect a site owner who is himself uploading the infringing content. I guess I just wanted to clarify that small point that website owners are not excluded from the protections of the DMCA when they are acting as an OSP, which they are, when they allow user generated content on their website.
     
    browntwn, Feb 10, 2013 IP
    Snat likes this.
  20. matt_62

    matt_62 Prominent Member

    Messages:
    1,827
    Likes Received:
    515
    Best Answers:
    14
    Trophy Points:
    350
    #20
    @op, just to give you some greater perspective of what other site owners have been through, here is some articles about others who were arrested over just providing links to sites that had pirated content:

    Here is the article about TV Links: http://www.afterdawn.com/news/article.cfm/2007/10/21/tv-links_shut_down_and_owner_arrested

    another article about another tvshack: http://www.guardian.co.uk/law/2012/jan/13/piracy-student-loses-us-extradition

    One day we might say on facebook to our friends "check out this site", and if theres pirated content at the end of the link, we will have the police jumping through our windows, smashing our heads on the ground and dragging us to prison at gun point as if we were scumbags....
     
    matt_62, Feb 10, 2013 IP