Medical student portal for tests, notes and tips

Hey guys me and a friend Created this site http://www.medshare101.com though its still in its infancy stages, i would like to know if there is any legal relations to the tests and exams, ie if they upload a semester test from their university in lets say munich, Germany. and hundreds of other people download it, can we be held liable for it if we stated in the TOS that they are prohibeted from it???

Thanks in advance

 

You want to create a site for sharing tests, but yet prohibit that in the TOS at the same time? A judge would probably throw out an argument like that.

But in general I'm not sure about the legality. Tests would probably be subject to copyright, so that could be a problem. Student notes are probably OK. It's a tricky subject, because either way, it's frowned on by universities.

But being in South Africa puts a whole new spin on things...

So good luck

 

well the server in based in the US, does that mean we have to work on US law?

 

IANAL but...

I think that would subject you to some US laws. For example, if someone wants something taken down due to copyright infringement, they can go straight to the host, who will comply with the law.

So you might avoid getting sued, but your site would be at risk.

 

i know in SA our only telecoms here is "telkom" and their pricess are extremely compared to the standards in the worls, now their the only telcoms here which makes it a monopoly, after a while someone created a site called hellkom, the server was based in the US, long story short Telkom sued Hellkom for name *something*, and the case was to be held in the US, never happened though.

So my question is: If your server is in a certain state or country do you have to work on their laws?

Because what your saying is i might not get sued. Also is there a penalty fee for copywrighted content, lets say per aticle?

Thanks in advance

 

I'd talk to a real lawyer about that.

 

yah, the thing is they charge alot, and i might need to get a patent lawyer aswell, , students usually dont have that kind of cash

 

It's not a good idea to give the tests away. Stick with notes only, they are popular alone.

 

Copyright fines in the US can be up to $250,000 for criminal fines. In addition, there can be civil judgements and legal costs. The testing industry (in the US atleast) is very protective of their material. The criminal fines seem unlikely as they would have to extradite you (not likely for this offense). Civil judgements could be quite costly though.