Free File Hosting

Discussion in 'Legal Issues' started by AutoSnipe, Sep 2, 2008.

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  1. #1
    okay,
    here's a quick one, what would the legal viewpoint on a free file host (like rapidshare) be if their servers are in the USA?..


    cheers,
    AutoSnipe.
     
    AutoSnipe, Sep 2, 2008 IP
  2. DeenaEsq

    DeenaEsq Peon

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    #2
    I"m not sure what you're asking. Are you asking if the file hosting service is legal? Are you asking if rapidshare is legal under US law?

    Deena
     
    DeenaEsq, Sep 3, 2008 IP
  3. jigordon

    jigordon Peon

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    #3
    Like dozens of other folks have asked in a variety of situations before, sites like RapidShare are, on their face, legal. There's nothing illegal about offering a place to host files.

    BUT, there are a LOT of issues you have to contend with if you run a service such as this. One of them is handling DMCA take-down notices and removing anything that's obviously a violation of copyright (such as noticing that mp3's or exe's from recognizable sources are on the site).

    [Note: the issue of self-policing your sharing site is an interesting one. The Verizon case suggests that you're not under an obligation to self-police - but that was pre-DMCA, which has language that suggests that a host has an obligation to at least review what's sitting on their servers and make a reasonable effort to prevent piracy.]

    So, while it may be legal, it's also a pain in the butt to deal with.
     
    jigordon, Sep 3, 2008 IP
  4. johnsonz

    johnsonz Peon

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    #4
    i think its totally fine, and its all about your terms and condition policy.
    people tried suing rapidshare so many times, but nothing happened to them.
    because warez ppl often use rapidshare.
     
    johnsonz, Sep 3, 2008 IP
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