Correct, move your site to: - Sweden - Netherlands Places like these will save you the hassle of responding to these letters. Move it asap though, they will soon contact your current host. Thanks, Raptorz
Your host is slightly laid back. However, they may pester your host in the near future. Suggestion : Move offshore.
lol they've contacted my webhost Now I'm moving my files to dutch webhost.. they want 3 million bucks from me .3 million my a$$..
If the OP lives in the US/UK, then they may still get him to court despite the host being offshore. The host may tell his identity, whois, or even credit card records.
Tell them to send you a DMCA with links to the infringing pages so you can remove them and that you make the assumption that the people who post them online have the full permission of the Football league because they are publicly posted and you cannot be expected to know what is and is not posted online without their knowledge. Remove the links that they send you but offer an option for fans to upload more streaming links so they can be relisted. As long as you follow the DMCA takedown notices it doesn't matter if your users keep putting them back up.
It is how DMCA safe harbor laws work, the same thing that all those bittorrent sites do. Don't be upset that it is the legal, right way of going about it.
Premiership football is more hassle now than it is worth, they will look into finding you and look at getting your host to kick you off so you have to go offshore and hide your domain details etc.
DMCA doesn't apply to offshore hosts. Taking down links to infringing content and then replacing it with other links isn't going to get you off the hook - if the site owner knows, or should know, that content on their site is continuously infringing upon copyrights, they are still held liable. Youtube is being sued for a billion dollars and they respond to DMCA notices. Your statement is just plain wrong. "Remove the links that they send you but offer an option for fans to upload more streaming links so they can be relisted. As long as you follow the DMCA takedown notices it doesn't matter if your users keep putting them back up."
Offshore doesn't help if you still live in the US as they can still claim US jurisdiction as you own the site. And Google will win their lawsuit against Viacom. Anyone can sue anyone for anything, doesn't mean Viacom will win their lawsuit.
You don't have any clue about what you are talking about. A DMCA is filed against the service provider (host) and an off-shore host doesn't care where the owner lives, it has no impact of them. Your statement: "you cannot be expected to know what is and is not posted online without their knowledge." Sure, a site called freefootballtv is going to be able to make the argument they didn't know football videos were being uploaded - lol. Rapidshare was ordered to pay a 34 million dollar fine and they didn't upload anything. Even if Youtube wins their suit, it will have cost them millions of dollars in legal fees.
I moved my site to dutch host and I don't live in USA/UK.. now they can suck it up + my host didn't require any personal Info from me.. and lastly it costs $6.65 bucks to move my site to offshore.. I didn't have to pay millions of dollars fines. its simple coz their lows fail in dutch land..
It doesn't matter where you host or where you live, you can still be sued. There are multiple cases where the Dutch court sided with the owner of copyrighted information and ordered sites which provided links to infringing material be shut down and the sites owner personal information released. You may not have given the host your personal information, but the method you pay for the hosting can be used to track you as well as the IP address you use to upload and log into the site. A court order forces the host to release this information. You are not smarter, nor do you have more money than they do. If they want to pursue you, you will lose in the end. Perhaps you should try and come up with a concept that is original and doesn't involve stealing content belonging to someone else.
Ignore it, especially if you aren't in the USA. Find a new offshore host, maybe a dedicated host. It's part of the game. My friend makes $10k/day hosting anime related content.
yeah a court order and or that they will have to move a .nl court just to get his info [won't be worth the effort] and the recent court orders are not encouraging for these crop types, isp's are fighting now to protect the their customer from 'harassment' for the simple reason the role of the isp is not to 'police' the net , as some companies are trying their level best to make them , it is more cost effective for them. one court in u.k upheld the one isp's decision not divulge the personal info of torrent tracker admin as asked by some law firm like this from states right now things are in flux either it's going to be a free net or a net controlled by crops and believe me nobody wants that. plus it is totally legit to download and store and host copy righted stuff for personal use in .nl despite BREIN being there so the OP is totally safe . if that company is so worried they should provide free streaming of their own feeds. and yeah rapidshare has not paid a single penny till date to any company i will believe file sharing died the day they take down RS servers. and shut down google too
"won't be worth the effort" A lot of companies think it is worth the effort. A deep pocket like this could easily think it is worth it - especially when they have millions in ad revenue at risk. "isp's"are fighting now to protect the their customer from 'harassment'" What does an ISP have to do with this? Hosts generally aren't going to spend a nickel to make any defense on someone who is paying them $6.95 a month. "and yeah rapidshare has not paid a single penny till date to any company i will believe file sharing died the day they take down RS servers." How many hundreds of thousands of dollars in legal fees has rapidshare spent? Is that really a win for them? Do you think the OP would be happy spending a few hundred grand to keep his site up? Are you willing to help pay for his legal defense - or are you one of those who likes to advise others on how to risk their money as long as it isn't going to cost you anything?
if your from the uk i suggest you read what happend to oink.com Code (markup): and his offshore accounts.
1st : won't be worth to move a foreign court to find out IF they win that he lives in one of those countries where they can't do anything. 2: host is on a D.C, running thousands of servers if they start giving out personal info nobody is even going to pay them that 6 usd makes a difference in the long run. 3; of course it's a win for rapidshare arnt' they still up and running , they din't tell me how much it costed them but i think it was worth it. and lastly MJ look my other posts in this section they always say look up the laws in your own country , i don't try to scare the people but tell them where to look , on a personal note i run some 69 servers from various D.C's around the world and receive some 3 or 5 DMCA notices in a month on behalf of my customers which the host passes to me and i pass as an obligation to my customer and depending on the location of that server the answer is given which in 99% cases is to ignore it or the D.C just tells them the reality , that they are not running from their country and i used to run a site some 2 years back which used to receive upto 10 DMCA notices in 6 months all of them were binned thanks to strong host and a democratic country with sane laws where i live. if the OP was in states or u.k my advise would been shut it down and even move from your home but he is not further more he has all rights to make living or have fun on net AS long as in not breaking any laws from his OWN country.
2: host is on a D.C, running thousands of servers if they start giving out personal info nobody is even going to pay them that 6 usd makes a difference in the long run. That's what a court order does - the host has no choice but to disclose the information. If they don't, they go to jail or are hit with a huge fine - and no host is going to do that for $6 a month. "April 2009 Rapidshare handed over the personal details of uploaders who uploaded copyright-protected files to major record labels." Again, DMCA is a US law - no one is disputing that an off-shore host can ignore it. That doesn't mean the site owner is in the clear. What you used to get away with a few years ago isn't relevant today. Times are changing and the risks are far greater than today. Moving off-shore can make it more difficult to sue, but there isn't anywhere where you are beyond reach.
mate they can sue nothing. if they started to threaten my host again I will change to other host in china, indonesia, thailand etc.. its simple. they can do nothing about it. their lows doesn't take affect here. they cant do anything about it only bitching and crying like babies and to be honest I don't give a crap about them. I don't live in usa or uk and my host provider is in NL. so what do you expect them to do? they will just suck it up and search for other sites to try to scam some money from them. in the end they will just get tired. tbh, I have nothing to lose.