Lets say i open a site and its a wordpress blog and uses CPALead and it links to movies or embeds it. Lets say I hyper link it to Megavideo or something etc... And the site is Hosted in the netherlands. Will any DMCA or laws apply? Thanks!
DMCA is a US law. It won't apply to your host if it is outside the US, but if you live in the US, the site owner can still be sued. Privacy protection or false whois on your domain is worthless - a court order will force the disclosure of enough information to find you.
There are services that considers linking to an illegal content illegal even though you are not hosting it yourself.
In the US, it could be considered contributory infringement i.e. you are helping people view content that is violating another persons copyright and benefiting from this "theft" by running a commercial site (has advertising).
If you put these movies on your site which are not permitted by whom who has copy right he has right to sue you.
The Internet is a big place and even the large media companies do not have the resources to fight every battle every time. That is no assurance that they won't come after you tomorrow or next week. There are people that have robbed banks and even murdered people and can say that they have never been caught (yet). Does that mean that you should assume you can get away with bank robbery or murder?
Internet maybe a big place but I guess if you have good search engine rankings they may have the ease to find you. just be careful.
It's not illegal to link to the sites itself. You might find yourself in hot water if you do this or you might not. I do this all the time, but just be aware if you don't own it. You can NEVER grow large though. Most of the time they go after the sites with traffic since they are doing the most damage.
24788 is on a quest to become the ruling board idiot in the DP legal section and no one should pay any attention to the rambling nonsense he/she posts. Contributory or vicarious copyright infringement can be subject to both civil and criminal liability.
You can always tell when the other side is losing the argument. They resort to name calling as a lower form of debating.
Actually, when the reputable members who post in the legal section agree that you are clueless and actually hurt people with your "advice" you may want to take note, rather than just dismissing it. If it was not clear, I agree your posts in this section should be ignored. The problem is that you repeatedly post bad information in many legal threads and in each you are confronted with your error and still persists on posting your "guesses" as to what is legal or not. Please stop.
Thanks For All Your Help Most Have the same conclusions except some which isn't a problem. Well I guess you guys are all correct. Thanks Again!
If you ever seek legal advise on these forums, just remember dont listen to "24788" as you will get 100% inaccuarate information.
recent rulings in some jurisdictions have seemed to indicate that even linking to this kind of stuff can get you into trouble. It will be interesting to see what happens on appeals - it does seem like the powers that be are trying to lock down the internet in a way that wouldn't be acceptable in the real world. The other alternative is unacceptable too, of course. Perhaps some 'middle ground' will evolve.
There can be no middle ground for theft and fraud and the aiding and abetting of theft and fraud. It is illegal in all countries through their laws so WHY are they not applying those laws, just because their people are carrying out the theft and fraud acrtivities via the internet. These countries like Holland, China, etc do not allow you to walk into shops and steal the goods so why are they not stopping it happening in the internet?