Is linking to copyrighted material illegal?

Discussion in 'Legal Issues' started by Shoalin, Aug 14, 2009.

  1. #1
    Most of you probably know this answer, but I have searched endlessly trying to find the answer to that, and I get some saying that it is, some saying that it isn't, what is the real deal? I understand the laws differ from your location, I'm from the UK.

    I want to open up a website similar to this http://www.watch-dragonball-z.com/ so I wont necessarily be hosting the files, but embedding the videos from megavideo and use cpalead to profit from the website

    Here's a few links saying that it isn't illegal.

    http://www.techcrunch.com/2009/06/28/how-to-save-the-newspapers-vol-xii-outlaw-linking/

    http://www.dslreports.com/forum/r21393188-Is-having-links-to-copyrighted-material-illegal

    Whats your take?
     
    Shoalin, Aug 14, 2009 IP
  2. Subby

    Subby Peon

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    #2
    from what I know in the us it is legal(if your website is hosted in the us) I am also unclear I posted a theard today no reply yet :(
     
    Subby, Aug 14, 2009 IP
  3. vagrant

    vagrant Peon

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    #3
    The first link talks about linking to the copyright owners page, the second link talks about liking to stolen copyrighted programs... a big difference between the two ;)

    Laws do vary around the world, as you say.
    First thing to find out is what is your web hosts take on things, as many would not allow it.
     
    vagrant, Aug 14, 2009 IP
  4. theapparatus

    theapparatus Peon

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    #4
    embedding and linking are two separate things. Linking to is a gray area although it'll still earn you a C&D if the owner doesn't want the product out there. With embedding, you're actually using the product though as that's the same as making it available. I'd say it;s illegal.

    The question though is will they come after you though. That's something you have to decide if it's worth the risk.
     
    theapparatus, Aug 14, 2009 IP
  5. Subby

    Subby Peon

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    #5
    mm what if you have a dmca contact thing
     
    Subby, Aug 14, 2009 IP
  6. Shoalin

    Shoalin Peon

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    #6
    What's the consequences of being caught?
     
    Shoalin, Aug 14, 2009 IP
  7. Subby

    Subby Peon

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    #7
    Most likely they will take your site down.
    And file a law suit agaisnt you.
    Take what happened to pirate bay owners as an example.
     
    Subby, Aug 15, 2009 IP
  8. Joe Wallace

    Joe Wallace Peon

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    #8
    If you're talking about linking to illegal downlowds (torrent movies, mp3s, etc) just drop the idea now and walk away. It's in violation of every TOS agreement ever written. Consequences? RTFM, mate.
     
    Joe Wallace, Aug 15, 2009 IP
  9. Shoalin

    Shoalin Peon

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    #9
    I'm talking on the lines of this http://www.watch-dragonball-z.com/, because I get other answers, people telling me that as long as it isn't on your server, it should be fine. :S:S:S:S

    Sounds like it isn't a good idea after all.
     
    Shoalin, Aug 15, 2009 IP
  10. tv-dp

    tv-dp Peon

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    #10
    Illegal. Because you intentionally link to copyrighted material. They could sue you. But i doubt they will.
     
    tv-dp, Aug 17, 2009 IP
  11. Shoalin

    Shoalin Peon

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    #11
    Thanks for the answers guys! By the way, does anyone know any good hosters that alow streaming copyrighted material thats not on the server?
     
    Shoalin, Aug 17, 2009 IP
  12. iwantvarun

    iwantvarun Active Member

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    #12
    Research contributory infringement
     
    iwantvarun, Aug 17, 2009 IP
  13. hmansfield

    hmansfield Guest

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    #13
    In recent years, Rapidshare has become much more vigilant about protecting copyright, quickly removing content on request of copyright holders. This, however, wasn’t enough for GEMA (German collecting society, responsible for collecting copyright-related fees and distributing the money to the artists), which sued Rapidshare for copyright infringement.

    The German court has ruled in GEMA’s favor, ordering Rapidshare to pay a 34 million dollar fine to GEMA, and to start actively filtering and removing the files it hosts for copyrighted content. From the official GEMA statement:

    “The judgment states that the hosting service itself is now responsible for making sure that none of the music tracks concerned are distributed via its platform in the future. This means that the copyright holder is no longer required to perform the ongoing and complex checks.”

    Source:
     
    hmansfield, Aug 18, 2009 IP
  14. Gaurav Sethi

    Gaurav Sethi Peon

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    #14
    :) I think It is not illegal in India as far as i know. I myself is linking a lot and in fact i have received thanks from people who got the links. This question was discussed before as well have a look at some of answers to is linking to copyrighted material illegal?
     

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    Gaurav Sethi, Mar 10, 2012 IP
  15. rossasset

    rossasset Peon

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    #15
    Now is nothing illegal in that. If A.C.T.A. was approved, then we had a real problem.
     
    rossasset, Mar 27, 2012 IP
  16. BMR777

    BMR777 Well-Known Member

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    #16
    It is illegal under U.S. law if you encourage people to view the copyrighted material. Furthermore, even though you are in the UK, if your site uses a domain under the control of the USA, such as .com, .net or .org you can be held liable even though you are a UK citizen. The U.S. recently won the right to extradite a kid for doing something similar, here's a link about it.

    My understanding is that linking to infringing material is not illegal under UK law, but it is under US law, and since the .com domain is technically US controlled they can try and use that for prosecution.
     
    BMR777, Mar 28, 2012 IP
  17. Estamers

    Estamers Peon

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    #17
    That is like supporting crime, so don't do it:rolleyes:
     
    Estamers, Mar 29, 2012 IP
  18. traxport121

    traxport121 Active Member

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    #18
    Vagrant is right. It depends on what are you actually linking. Are you linking to copyright protected content's actual website, or are you linking to its pirated copy where someone would obtain a copy for free. For instance, there is a new movie released. Its copyright protected. If you link to movie company's website where someone would be able to download the movie after the payment to its actual company, its fine. However, on the other hand, if you link to a download of the movie which anyone can download without paying the money, well thats illegal. By doing so, you'll be violating copyright protection law, and such linking is usually considered as warez linking, and is prohibited. Therefore, one should abstain from linking such material. I hope I've made my point ;)
     
    traxport121, Apr 18, 2012 IP
  19. ryan1918

    ryan1918 Active Member

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    #19
    You guys replied to a topic that is 3 years old.

    Now you mention it's illegal linking to a copyright file, Show me a single law where this is a fact at?
     
    ryan1918, Apr 25, 2012 IP
  20. ez-plr

    ez-plr Greenhorn

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    #20
    yeh i wouldn't try that
     
    ez-plr, Apr 30, 2012 IP