A very interesting question

Hello there and thank you for taking the time to read my post.

Basically I want to create a website like thewatchseries.to or any other website that has video (tv shows) embedded links. Now my question is, is it illegal or not because they are technically not uploading/hosting any content on their servers all they are doing is linking them to a thirdparty website for the actual content? Are they breaking the law?

I found an interesting post on another forum regarding this issue, however, I'd still love to see your opinions regarding this issue, the post is quoted.


"You are not the one making the infringement. Mearly showing the world where it is. Like if i were to put a video in this comment that happened to be infringing on copyright then I could get done for linking it. I may not know that someone has posted the video illegally and all I'm doing is sharing the video. I don't see why I should be the one to get put behind bars or sued for every penny I don't own just because I shared a video that isn't the person that posts it.

People are not thinking they can do what they want with the work. I'm allowed to share a video, the people who think they can do what they like are the ones that put the video online illegally in the first place. Just encase I never answered both your questions"

So if I were to create a website that would have embedded videos that I wouldn't host and simply link them to where the content is would that be illegal? When you think about it the website would work as a search engine just like Google does, that is what I'm struggling to get over, When you search for "james bond movie online" you'll find 1000 websites that have the video and Google is again just providing them with the link so how would my website be any different from MR.G?

 

If they can take down torrent sites that merely link to torrent files, why can't they stop you too?

The FBI has taken down many sites in the US for just linking

 

Hi, because that is a completly different matter. I don't see why hyperlinking would be illegal, if that is the case then Google is the biggest crook

 

Google get away with it because they promptly respond to DMCA requests... will you?

 

The hosting company is based in russia and ignores DMCA

 

Then it will depend where you are located...

 

The analogy of torrent websites is useful here. These website are shut down and prosecuted/sued on the basis that they are 'facilitating' or 'assisting in' the illegal dissemination of copyrighted content (as they host no illegal content themselves). Strictly speaking you will be doing the same by providing links to the copyright protected content.

Cyberspace location is a bit of minefield. Generally, if the copyrighted content is created and hosted in a jurisdiction that grants it copyright protection then you will be breaching this protection by providing links to disseminate it without a license from the copyright owner. However, if there is no international IP cooperation between the country hosting the content and your country then enforcement action is unlikely.
Many countries subscribe to international IP legislation that protects copyrighted content across natioonal borders.

This is different to the Google analogy, as:
- the offending links/content on Google are not posted by Google;
- Google cannot be reasonably expected to police the massive amount of data collected and used for its search results; and
- Google relies on complaints from aggrieved companies, statutory IP bodies and individuals, and actions the complaints promptly.