Linking to Copyright videos on veoh, dailymotion...

Can he still be sued even he moved the server to Netherlands?

 

They're trying to sue for linking to their videos?

 

Yes, The Netherlands will be safe for that
As long as you actually do not host the files yourself.

So, if you embed it to your page, lets say from youtube, youtube might remove their video's from their website.
But thats not a problem at all, as were talking about legal issues

 

Dear,

We would be happy to host you. Their lack of understanding and their method of use of language is almost laughable.

A juridical statement can never contain personal attacks.

Example: "Your feigned lack of knowledge"

feigned (fnd)
adj.
1. Not real; pretended: a feigned modesty.
2. Made-up; fictitious.

How can any lawyer assume it is made up, before an actual lawsuit has been done about it. This clearly looks like a scare campaign.
I have as well not been able to find any copyright lawsuit concerning 4.1 million dollars on the entire internet. This is very strange as it is a pretty large amount.

The operator in the case they talk about is YOUTUBE. Linking to Youtube is not illegal.

Much regards,

 

"A juridical statement can never contain personal attacks." lol, says who? Matlock?

If a deep pocket company sues you, you can wind up spending hundreds of thousands of dollars to defend yourself. They have the money and have a history of making good on their "threats" .... I don't suppose you have a few hundred thousand dollars to give to the OP in the event he is sued? Didn't think so.

It took me about 1 minute to find the case. Linking to youtube isn't illegal, linking to copyrighted material, regardless of if it is on youtube, can be.

http://dockets.justia.com/docket/court-cacdce/case_no-8:2007cv00564/case_id-388707/

 

So, host in The Netherlands then
No probs at all

 

Why do you believe you know more about the law in The Netherlands? We are in business since march 2006 and we know how the law works. There have been many cases.

The reason I said that a juridical statement can never contain personal attacks is because the law says so, you know what is also true in the Netherlands? If the letter contains even ONE spelling error, it is completely worthless.

The American law does not apply anymore to Dutch citizens, this is the case since it has been proven that the American justice system has a quality currently below that of the average third world country. Most convicts in the country do not get a fair trial, underage people are detained, the sentences are extremely or even radically high, and they are intimidating lawyers in the country itself. Several Dutch lawyers, when talking to American lawyers during trials, have been put under pressure, and some have even been detained because they wanted to go public about the bad quality of the system in America. This has been on tv for months in the Netherlands.

They are actually changing the prisoner exchange program with America, and to be even more precise to you, America is convicted as a terrorist state in the case Nicaragua vs USA and was sentenced to start paying reparation fees and to start making public apologies. This sentence was made in the high court in The Hague, the Netherlands. The highest court in the world. They have not yet complied to the demands made by the high world court, (economic) sanctions will still follow against them.

Upto the fact that a decent change is made to the American system, our country and its citizen do not apply to any of the American laws, unless it is illegal in here as well. And linking to Youtube is NEVER illegal here.

And by the way, ever heard of NZB's or usenet?

 

Sorry mate, i AM from The Netherlands actually, and know how that law works.
You may be right if youre talking about USA law or whatever you may be.
Dont think that youre a hoster what have knowledge about any law in the world, you had to choose a different job mate

 

I think that message is not meant for me? I am from Amsterdam mister. Thats in the Netherlands. I was responding against the guy from California, not against you.

I care nothing for USA laws. Only for the Dutch. If I would be listening to American laws I wouldnt even be allowed to smoke a joint. Impossible for a Dutch guy.

Dat zou jij dan toch moeten weten

 

The sites that host the videos don't know the content is illegal but you displaying the links on your site with the correct titles of the videos, shows you are intentionally trying defrauding the copyright holder(s)

I would remove any copyrighted material or play the waiting game, most likely it was a threat and you are not worth suing over because of all the other sites with thousands of illegal links to movies.

It like advertising about a garage sale where stolen property is being sold, you don't have stolen property, you're just telling people where to go to get it.

 

LOL i think i had read it wrong then...
My apologise for you in this case

 

Well, lets see how it goes when you host it in The Netherlands.
Profit|Jacob is from The Netherlands as well and he will welcome you for hosting your website(s) like that, although im not sure his servers are situated in The Netherlands, but i think it is actually

 

This would indeed be true, if Youtube did not host copyrighted content. It is fact that Youtube also has alot of licenses to for example show movies from Oprah, or political things. As a user you cannot judge on to what videos youtube has the right to host.

 

lol, thats a nice sentence Jacob
Youre right, Youtube allow you to embed video's but (at the moment) there is no way to find out for witch video's youtube have licenses.
Plus, as i said a Dutch lawyer should say that the company/lawyer who take you to the court for this, must claim everything by the source (youtube, etc.) what actually host the files, specially when there are 100's or 1000's sites what embed the video's.

If sites like Youtube are not able to host the video, ALL the other websites are not able to embed the video
Simple is that

 

First, the letter wasn't send to someone in the Netherlands so your argument was moot.

As far as your hosting business goes, it consists of a single amateur looking page and a order system that doesn't work. It's a joke.

I suppose you want the OP to move to the Netherlands so any legal notice he receives will be invalid? lol. If the OP gets served in the US, he is going to be forced to spend tens of thousands of dollars (and maybe hundreds of thousands) to defend a lawsuit. Even if he wins, he won't get his legal fees back. I guess you think his defense will be some post on DP from a guy who owns a broken one page hosting site?

 

Well, if you have a case by the court here, and you win, the losing party would be charged for the full costs.

As far as i can say, im not afraid for any person or company (even companies who have billions) who take me to the court in a case like this.
There is one judge who decide, and not a company or person.
So as long you do not illegal things (like hosting the files) nothing is gonna happen.

Keep this in your mind.... if they want to stop people embedding the video they MUST go to the source.
As i mentioned before, only then it will all stop at once

 

Typical American response. Always the pathetic insults

Our automated order system is offline because we are implementing 3 new payment systems. Alertpay, Moneybookers and E-gold into our members area. We can simply not keep our members area insecure while we are implementing new payment systems wich add digital credits to their existing members area.
We are in business since march 2006, and if you would like some customer responses, check out my iTrader or check out http://www.ispgids.com/ervaringen/profithost

If the person is from the US then yes he can get sued by US law.

I repeat. Linking to Youtube is NEVER illegal. Not in the Netherlands. And if a company wants to sue us, they must sue is by the DUTCH law, no other law. And the dutch law simply makes the losing party pay for the costs. This means it will not cost us a cent to protect ourselves.

 

I think the OP could probably care less if some so-called host can hide from being sued for something they likely don't have.

The fact is, he is already guilty of contributory infringement under US law. Moving to some other country doesn't change that or cancel the liability they already have.

So, he moves his site to another country and really ticks off the copyright holder. The copyright holder sues them for what they already did. Great idea you have. I must have missed the post where you offered to pay his legal costs for taking your advice? lol.

 

So, my suggestion is.
IF.... yes IF he can sued by the US law, then simply change the domainname owner and hostingcontract to a Dutch person
Just find a Dutch businesspartner for that.

 

@Profit|Jacob - This is the legal forum, not the BST, if you want to plug your website do it somewhere else. Your understanding of copyright is naive and short sighted as well.