Lets say I wanna create a youtube clone website but with adult content only. Is it considered illegal (or can I get into trouble) if let's say people start uploading copyrighted video clips converted to flash to it? If so, is it stilled considered illegal if I put a disclaimer saying "I am not responsible for what people are uploading"? If this is still illegal, puting a "report abuse" link (like with rapidshare) will it make it otherwise? (But I'm asking myself if usually the report link are spammed in websites? I dont want it to become a hassle...) Do you suggest me hosting that website offshore or it shouldnt be a problem in the USA? Thanks for your help!
Yes it is still illegal in the USA. You might be able to get away with it for awhile, but if you get big enough I would expect a takedown notice. As long as you comply with the takedown notice you usually won't get sued or anything, but there is no guarantee for this type of thing.
It's only illegal if you get caught. hahahah . Youtube style websites are always complicated because of copyright etc etc. Expect to face lots of emails and deal with potential lawsuits. It's a risky business.
Damn I though that "report abuse" button would of solved the problem! So why doesnt rapidshare or lets say youporn.con / redtube.com been taking down? They're all using that "we are not responsible for the content uploaded, plz report if there is problem" excuse...
Thats because they know how to deal with such lawsuits... anyway, I disagree with everyone else, I think with proper planning (offshore host) you can make it all legit... best of luck!
Ok, what happen if I get a lawsuit for hosting copyrighted content? Whos gonna get sued? Me (living in Canada) or my host (in Germany let's say)?
If you are using youtube patented technology or content then it is illegal no matter how you wrap it. If you provide your own technology and content it wouldn't be a problem. However if you plan on using any of youtubes' Patented or copywrited material not only is it illegal but is highly unethical wether it is on an offshore server or not.
Eprofit, it's copyrighted not copywrited... but anyway you should be okay so long as you do your upmost to prevent copyrighted material getting on your site, making users tick boxes assuring the stuff is original and their own that they upload, make original videos yourself perhaps and remove any copied stuff (unless you get permission to use it) as soon as you find out about it/the owner tells you to take it off. You can do things to help get original content too, like offering money to people who make videos that mention your site name in them, like on their clothes or something that they hold up, so you know for sure it's original.