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Linking to Copyrighted Material

Discussion in 'Legal Issues' started by KevinJB, Jul 9, 2007.

  1. #1
    This is just a question (ok it's not that hypothetical, but still...). Please don't go jumping down my throat about whether or not you agree with it from a moral standpoint. I'm not that interested.

    Is there anything illegal (in the U.S.) about linking to copyrighted stuff that is hosted on other servers? E.g. I own a blog and I write a post linking to specific pages on Sites A - D, none of which I own, but that have copyrighted material available for download on them. Is there anything the owners of the copyrighted material can do against me? If they shoot me a DMCA do I have to take down the post?

    Taking that further, what if I run a site that's entire purpose is to collect links to other pages on the internet where you can download copyrighted material. Is that illegal? Once again there aren't any copyrighted materials on my site or it's servers, but it's linking to pages that do.
     
    KevinJB, Jul 9, 2007 IP
  2. hmansfield

    hmansfield Guest

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    #2
    If you are linking to something illegal, then you too are in violation of the law. Especially if "a reasonable person would know" that the material is pirated, or in violation of the law.
    Also, ignorance of the law is not a defense.

    If the purpose of the sites that you are linking to is to legally provide downloads, then you have no problem.

    Plain and simple, if you are thinking of sort of a directory for pirating sites, you will be in more trouble than all of them, because for each count that those sites have individually, you are subject to a count on each one that you link to and promote.
    Before you go where I think you are going to go...the defense of "just doing research, or reporting" will not hold up. That only works for CNN.
    You can't try the old, "Look at this filthy dope the kids are smoking" while you are toking for "investigative purposes".
     
    hmansfield, Jul 9, 2007 IP
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  3. KevinJB

    KevinJB Peon

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    #3
    Thanks for your answers :)

    Yes this is close enough to where I was going.

    This, on the other hand, is not ;)

    Anyone have any other thoughts on the matter?
     
    KevinJB, Jul 9, 2007 IP
  4. arcade32

    arcade32 Peon

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    #4
    well yeah if you are in the us then it is illegal but if you still decide to do it you will get away with it untill your site becomes very well known (could take years)
     
    arcade32, Jul 9, 2007 IP
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  5. KevinJB

    KevinJB Peon

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    #5
    How does that work... is it where the servers are physically located or where the site owner lives?

    Also I'd rather not take the chance of 'until it becomes well known'... if it's truly illegal I'm just not going to do it :(

    Still interested in more information, thanks to both of you guys, + rep sent.
     
    KevinJB, Jul 9, 2007 IP
  6. arcade32

    arcade32 Peon

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    #6
    it would depend on where you are located but honnestly ts nothing to worry about yeah sure you may get the odd e-mail from a big movie company but nothing comes of that and dont get me started on the MPAA thats the biggest joke ive ever seen but seriously tho i dont live in the u.s i do run a movie/tv show site (it is legalin my country) if ya need any moreinfo just drop me a pm and ill help ya out i also know a few people who do live in the u.s and havent had any problems

    i wouldnt worry about it id just go for it youd only be providing links to other websites what people do when they go to them sites isnt your problem
     
    arcade32, Jul 9, 2007 IP
  7. Crusader

    Crusader Peon

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    #7
    Yes, it would be illegal. It's known as contributary copyright infringement and in the US there are various cases where sites where sued. Check the copyright sticky thread and do a forum search, it's been discussed extensively here.
     
    Crusader, Jul 10, 2007 IP
  8. hmansfield

    hmansfield Guest

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    #8

    You don't live in the U.S.

    I respect your opinion, but that is very reckless advice to give to someone who IS subject to the laws of the United States.
    (And the poster lives close to D.C.! Man a few Feds in training could just swing by your place on their lunch hour:))
     
    hmansfield, Jul 10, 2007 IP
  9. teamweiss

    teamweiss Peon

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    #9
    The question must be...who owns the copyright material that you are linking to and who is hosting it? If the owner of the material is also the host of the material, you are only guilty of hotlinking and that isn't a crime, although frowned upon. If you are knowingly linking to a prince song on your friends server (example), there are serious legal ramifications.
     
    teamweiss, Jul 10, 2007 IP
  10. KevinJB

    KevinJB Peon

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    #10
    No, I wouldn't be hotlinking to anything. Like I said, the links wouldn't be directly to the media itself, but just to a page you could get it on.

    ^ This, but not anyone I know (personally or otherwise).

    In case anyone's wondering, I've decided (since it's been universal that it's illegal) just to put the project on hold permanently.
     
    KevinJB, Jul 10, 2007 IP
  11. myindianhost.com

    myindianhost.com Peon

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    #11
    As far as i know...there is no problem with linking...!!
    We've been allowing warez linking on our servers but have never run into problems with anyone.
     
    myindianhost.com, Jul 10, 2007 IP
  12. bluegrass special

    bluegrass special Peon

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    #12

    You're username indicates you are probably in India, where KevinJB appears to be here in the US. Laws and levels of enforcement are different over here. In the US there are more and more cases coming up over the issue of one site linking to another that hosts copyright infringing material. The general direction is this constitutes contributory infringement and is illegal.

    Examples: (this is only what I think from what I have read, but I might be wrong)

    This site link:www.site.com has a lot of video clips from all over...
    (that example is probably fine)

    This site link:www.site.com has lots of industry mp3s to download for free...
    (that example is probably not fine, even though it is not to specific content, the link itself implies that there is infringing material to be had)

    This page link:www.site.com/page.php has the season finale of House...
    (definately not okay, unless the site you're linking to is the show's network site)
     
    bluegrass special, Jul 11, 2007 IP
  13. Crusader

    Crusader Peon

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    #13
    Sorry for my short first reply. I posted via my cellphone, so I could link to anything I mentioned or manage to type a very thorough reply.

    As stated it is indeed illegal and known as contributory infringement. See the following:
    Copyright FAQ
    Links and the law
    Linking is probably illegal

    The copyright holders can hold you liable for any damages they perceive to have occurred due to the infringement.

    At the very least they can lodge DMCA requests with your host, Google etc., but in most cases they will likely sue you/your site for infringement (depending on the extent of the infringement).

    The DMCA will only protect you if you meet the safe harbor provisions.
    - You have No knowledge of the infringing content.
    - You don't profit from the infringement.
    - You have a registered DMCA agent that handle copyright issues.

    If they lodge a DMCA complaint you will have to comply and remove the infringing links. However if you don't meet the safe harbor provisions the DMCA will most likely not offer you any protection regardless if you comply or not.

    This is the most clear cut case of infringement and there shouldn't be any doubt, that if found out, your site will get sued. Since the only purpose of the site is to link to illegally link to copyrighted material you wouldn't have any defense and it is very likely that you'll get no protection under the DMCA.
    Recently PeekVid was sued for doing just this. A similar Australian case also found that it was illegal to link to illegally distributed material.
     
    Crusader, Jul 11, 2007 IP