hello everyone, i am about to start a tv/movie streaming website, my only worry is the DMCA. I have did my research and still can't get answers to my questions. Some users claims that even though you don't host any of those files, linking to them are also illegal. My question is, i am only going to embed trailers - is that illegal too? Can i link to sites where the files are hosted like megavideo, yokhu, veoh, etc? If linking is against the DMCA, then i am not able to understand how sites such as watch-movies-links.net are able to operate? Shouldn't they be taken offline by now? Or is there a trick to linking too? Another question is, if i was to provide my users with a file[namely a .doc] which would be hosted on a filesharing network & which would contain links to the full length movies[hosted on other sites], does this method also count as linking to copyrighted content? I highly doubt but its a new method which i am planning to use. Is it against DMCA too? Also what are the precautions to use? Such as disclaimers? offshore hosting? If so then please recommend good offshore hosts which i might consider in the future. I am using hostgator currently and don't have enough funds to shift to a new host. I do not reside in the usa nor am i a american. I do not wish to be involved in copyright problems but i do wish to provide my visitors a source to what they seek. As far as i see, my site is something similar to watch-movies-links.net maybe even more DMCA obident, so is it safe to carry on? The site is under construction and i have already spend around 3 months of research and 400$ on it. please reply and let me know regards, SJ
A DMCA won't be valid outside of the US, however, you can still be sued even if you do not host the content on your site. A DMCA filed with Google or any of the search engines will result in being removed from the index. Don't run adsense on the site. Linking to copyrighted material in the US is contributory infringement. Pirate Bay didn't host any files and have spent a fortune in legal fees. If you think $400 is a lot of money, just wait until you see attorney fees if you are sued. You would be looking 50X that or more.
If your looking for an offshore host that does not care about copyright laws or files http://wrzhost.com/ is located in the netherlands and don't care.
If you are embedding trailers they are in no way of any problem... you are start embedding trailers you dont have to ask for permissions and all... Hope this helps...
DMCA does not apply to you, it's a American law, i used to host a file sharing site some 2 years back , got 3 or 4 DMCA notices , politely told them to shove it where it hurts nothing happened. ppl keep giving TPB as a example without knowing the full history of it. of course the MAFIAA can try to bully you but if you have some confidence plus knowledge of your country's laws you should be fine. you go through your own country's laws or hire a lawyer. as for hosting try to get a host in Spain or Russia or Ukraine so if they try to bully your ISP these 3 countries don't give them a damm and so tell them to go etc...
Classy. There is selective enforcement. Some get shut down. Some get sued. Some go to prison. Nothing happens to most, but you still have to weigh risk vs. reward. As far as I can tell, there is very little reward in running these things.
ty all for the replies, so far i have reached to the conclusions that i think i can carry on. i won't be hosting any of the content on my site, so i think there is no trouble, and regarding contributory infringement[mostly it does not apply since i am not in usa or a american], i won't be linking directly to any source, but rather indirectly so to be on the safe side. thanks for your input guys, also i tried searching for good offshore hosts but i will carry on with hostgator, if ever my site reachs such a situation i can move it to another server or resolve the issue with them.
Make sure you have a backup of your site because it is specifically against the TOS of Hostgator to link to infringing material and they will suspend your account if it is reported.
If you are not from US then DMCA doesn't apply to you. I suggest you get a hosting account from offshore hosts