Hi, I am going to host a multi video blogging system .That means user can create their own video blog - they can embed video(video uploading not allowed) on there site. Also they can upload picture to describe the video. I also create a system that put a downlink link(like keepvid - but my system is automated) of every video post. I am very much concerned about five main things:- 1) If someone embed a copyrighted video on their video blog. 2) If someone upload a copyrighted image. 3) If someone put racist content or any bad things(illegal) on their blog. 4) If someone embed adult content on their blog. (I'm from india, and I think it's illegal) 5) Anything worse. I'm using a GPL licensed script(slightly modified) for this blogging solution. Of course it is a full commercial project(Ads will be there) with some revenue sharing with every bloggers. The hosting is in USA. Domain is registered in Name.com. I'm from India. Please help. I'm really worried after I heard the lawsuit filed against colin008(http://forums.digitalpoint.com/showthread.php?t=1219722) . I don't want to go jail nor I want to invest a huge money for lawsuit. Regards BizTiger
There is nothing you can do to completely prevent from being sued when it comes to displaying copyrighted material - even if it is only embeded. Youtube has been sued many times. In the US, there are ways to limit your financial liability via forming an LLC or incorporating - don't know about India. While copyright infringement can be a criminal offense, and people have gone to jail, those are extreme cases and it isn't something that you are apt to encounter based on the type of site you are talking about. Having to spend money in legal fees is another story.
That means though I don't upload and link the copyrighted material - I am the man who is responsible for the whole thing instead of bloggers. So what about blogger.com and wordpress.com?? Do they have been sued for the activity of the bloggers?? Blogger.com offer legal adult content to be post on their blog and many blogs with copyrighted content run smoothly for ages. Many of them embed youtube video of copyrighted movies. Also I saw in Indian IT Act 2000 that So, if a blogger post any obscene(Even seminude images and videos are taken as obscene in India.) material in the blog -> I am going to be in jail(as that is published on my site). Also based on this act can anybody put a lawsuit against blogger.com??
"That means though I don't upload and link the copyrighted material - I am the man who is responsible for the whole thing instead of bloggers. So what about blogger.com and wordpress.com?? Do they have been sued for the activity of the bloggers??" Even google (blogspot) has been sued. Being sued is one thing - losing is another, but you can still run up huge legal fees showing you "aren't liable" If you don't upload any of the links, then you are afforded some protection in the US - but that doesn't mean someone can't still sue you. "Also I saw in Indian IT Act 2000 that So, if a blogger post any obscene(Even seminude images and videos are taken as obscene in India.) material in the blog -> I am going to be in jail(as that is published on my site). Also based on this act can anybody put a lawsuit against blogger.com??" I don't know about the law in India, but if someone is legal in the US, and illegal in India, you really wouldn't have much of a case against blogger. You also don't want to try and sue a deep pocket like them anyway. You could potentially spend hundreds of thousands of dollars - perhaps millions in legal fees. As far as copyright infringement - if you only have embeded links placed by someone else, and you immediately remove such links if notified by the copyright holder, and this isn't an ongoing problem (like your site is known for distributing links to copyrighted material) - I would say your chances of being sued are very slim - but it is a possibility.
As because I am very much worried about this and search the net. I got some valuable information there. Have a look on those url. http://www.webmasterworld.com/community_building/3509826.htm http://w2.eff.org/bloggers/lg/faq-230.php http://www4.law.cornell.edu/uscode/47/230.html In a short the most valuable point I found is: As because I am not hosting anything, just embedding the link(information provided by another information content provider) -> I think if anybody file a law suit against me, I will easily win - even without a lawyer. What do you say?? Also not sure for the Indian law, I don't found any similar clause there.
That section doesn't provide protection for intellectual property law. You could still be sued for copyright infringement. Representing yourself in a US Court is something you do not want to do.
Sad, I am reconsidering to host the site. But, if somebody file a lawsuit is USA, I have to go to USA for this??? What if I simply ignore as I am from India. Also if Indian law protect me(i don't know, but suppose) can any US company do anything??? Also similar thing is applicable for forums also. User can post anything in the forum. That means any forums can be sued?? I don't know much about the law (not even Indian Law), but now I am thinking to undertake some short course on this(IT act and copyright related law).