So i have an off shore server. Would it be legal to offer illegal file types? Like warez, adult (in some places) and others? I live in the USA.
No. You residing in the US still makes you liable under United States Law. Adult sites are not illegal in the US. You just have certain requirments you must fulfill. One of which is records keeping. Another is a notice that all models were 18 at the time of the creation of the picture/movie.
If the server is located in Netherlands, Sweden, or China then you shouldn't have to worry because there would be no physical proof that you are the operator of this server and it would be difficult to get logs from these countries due to laws and restrictions. Your best bet would be Sweden or China. As long as you include a DMCA Policy page, you are pretty much OK as long as you remove the complained files.
You say so, all it takes is a screen shot of the offending material, and a screen shot of the who is info to win a civil suit. Civil suits only require a proponderance of evidence. That means a person only has to show 51% that the material is in violation of copyright laws. You are still bound by the laws of the land in which you live in. Find a new hobby, an honest one.
you are pretty much OK as long as you remove the complained files no you are not ! if the smell run on those who complained / or got pissed off by your site - they decide to come after you - rather than send a dmca or else - in order to recover damages to their business / stop remove links etc etc - you are pretty done - basically ! if you break the law and get cought - you are always at risk to be sued ! if somebody start legal action - it is going to be virtually impossible to stop it ! no matter how sorry you are or how bad you feel ! the risk and assle involved it is simple not worth it - .
it is possible, but unlikey...zillions of illgeal music and warez are traded each day of the week, 24/7, 365 - how many high profiles do you see? the last one I remember is the music person that got caught, and sued for downloading/trading giganic amounts of music files... most people tend to have high hopes and dreams of their site becoming the next big one, so unless he becomes very famous, I doubt anyone would really care...unless he makes ABC news or something...when doing something you know is illegal from the start, then there is always risk...small or large does not matter, still a risk... when it comes to IPS/Websites, there are no borders, a DMCA can be sent to your host, if they wish to take action, then they can, and it does not matter if the server is in china or on the moon, so even if no legal action is taken, your host still can kill your domain. so he already knew the answer to this before he even posted...
A screen shot can not prove anything. Someone could easily load a web page using Opera web browser, edit source to show what they want and then take a screen shot.
A screen shot can not prove anything. Someone could easily load a web page using Opera web browser, edit source to show what they want and then take a screen shot. Reply With Quote
always risk...small or large does not matter, still a risk... fully agree on that ! with even a small risk - let's call it small - if you are the unlucky one - you can easly put yourself into a very bad situation - with sums of $$$ $$$ to pay for damages and attorneys fees. who would like that ?? that is why unless your site bring in lots and lots of money for sure the risk aint worth it !