Hi i would like to know what are the dangers of running a file host? If someone uploads a illegal file and no one reports it will i be held responsible? Please tell me the dangers of running a file host. thank you.
One danger is that many hosting providers disallow file hosting sites in their ToS, as they suck up bandwidth
Well you could possibly face legal issues if you are hosting illegal files. However I think that the 'safe harbor' clause in the DMCA would provide you with some protection since it could be seen that you are acting in good faith when accepting files from your members. If you remove any copyrighted material promptly once notified, then you shouldn't face any further liability. However you need to have a system in place which allows people to easily submit complaints about copyrighted material and also allows you to quickly remove that material from your site. I would really advise you to go see a lawyer. Have him draw up a comprehensive ToS and Acceptable use policy for your site and consult with them regarding any issues you could face.
You should have a TOS, stating that illegal materials are not allowed on this site, and that the owner of the site accepts no responsibility for anything uploaded on the site....blah, blah etc.... It would be best to see an attorney or lawyer to find the best solution though.
Well, Rapidshare just got itself a lawsuit.. so think more about it .. http://yro.slashdot.org/yro/07/01/19/2237230.shtml http://www.heise.de/english/newsticker/news/83948 "The GEMA (Germany's RIAA) obtained a temporary injunction against 'one-click-hoster' Rapidshare.com. If their lawsuit is successful, the GEMA intends to use it as a beachhead against their next targets, including Youtube and MySpace. From the article: 'According to GEMA, the service ... has at times boasted of making some 15 million files available to its users. The operator had however failed to obtain from GEMA a license for making copyright protected files available ... Through its injunctions the District Court in Cologne had now made it clear to the company that the fact that it was the users and not the operator of the services that uploaded the content onto the sites did not, from a legal point of view, lessen the operator's liability for copyright infringements that occurred within the context of the services, the spokesman added.'" ps. there's no point for the ' in danger's
As always it's a risk vs reward situation. Personally I won't touch a file hosting site with a ten foot pole due to all the copyright issues. The amount of bandwidth it would use and the relatively small amount you could earn from it isn't worth it. Add on to that the fact that you could be sued and the hassles with tracking down and removing copyrighted material and it becomes even less attractive.
Don't take Germany as a blueprint for anything. We have nothing that's like the DMCA, if you have a newsletter you better make sure it's double opt-in otherwise you can easily face a lawsuit and lose, almost every website needs a section that states the owner's name / address / telephone number / mail address, yadayada... And even if your newsletter has double opt-in you can't put the slightest hint of advertisements into the initial mail, because some random guy might use someone else's mail address there and spam that guy, who in turn can sue you for spamming him. Did I mention putting your site's name in that mail could potentially be seen as advertisement? If you ever wondered which country has the dumbest laws on earth, you found it. With a bit of ingenuity it gets real easy to seriously screw with someone who doesn't use double opt-in or a proper initial mail (meaning 99% of all webmasters).