DMCA stuff


#1

Hey,

I’m looking to move hosts since my current one is having a s**t at me for some copyright infringement stuff.

I run a dump site for a few friends where I let them keep real backups of their large media files 'cause most of them travel a lot and like having remote access to their music (mainly mp3s, a few people keep DVD rips, some docs, etc). Anyway, this friend of one of my users asks for some space, i say fine, give him 20Gb storage and 40GB transfer to upload his stuff.

Next thing I know, my host send me a dirty email saying I’ve got a bunch of copyrighted stuff on my site. The idiot is using me like I’m Rapidshare and has put a couple of new release movies up and posted the links all over the web. Now my host is really pissed off. I said I’ve really got no idea what people are putting in their private directories and the host is welcome to cut of access to any file they like while I make enquiries as to whos been naughty. I don’t know much about the DMCA, but I thought the host just took stuff down as soon as they got a complaint and that was the end of it.

So anyway, my question is: is this the kind of thing that would get me booted off Dreamhost, or do I get some kind of email and a black mark against my account, or do you just block access to the content or what?

Basically, how do you guys handle the kind of situation I’ve got?


#2

What a great way to introduce yourself to a potential new host. At least it’s honest! :slight_smile:

That’s a question for DH staff. This is primarily a customer-to-customer forum and, while they occasionally stop by and sometimes comment, DH staff generally does not answer questions here.

You can reach DH via this contact form.

Information on the DMCA is not at all hard to find; it’s all over the web and there are many excellent resources for helping you “understand” the law.

[quote]Anyway, this friend of one of my users asks for some space, i say fine, give him 20Gb storage and 40GB transfer to upload his stuff.

Next thing I know, my host send me a dirty email saying I’ve got a bunch of copyrighted stuff on my site. The idiot is using me like I’m Rapidshare and has put a couple of new release movies up and posted the links all over the web. Now my host is really pissed off.[/quote]
That’s completely understandable. You are the account holder, and under most hosts TOS you are responsible for any/all actions of your users.

It’s not really reasonable to expect a host to “police” your users for you, though I’m sure some will. Have you read the Dreamhost TOS? Most of your questions are actually answered there. The TOS says they have the right to terminate your account, immediately, without refund, for violations of U.S. copyright law. If you are now asking what they will do if you break the rules, I think it’s a pretty good indication that you don’t plan to follow them anyway. :wink:

At any rate, it can’t hurt to ask them directly if they will really close your account if you break the TOS…who know, maybe they’ll tell you to go for it! :slight_smile:

–rlparker


#3

This is primarily a customer to customer forum, DreamHost staff do post on a semi regular basis, but this is not the best place to get answer related to DreamHost policy.

I suggest you contact DreamHost using the contact form below and obtain an ‘official’ answer to your question.

http://www.dreamhost.com/contact.cgi

Edit: beaten by rlparker (who answered the question much better than I did :slight_smile: )

Mark


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#4

This question would be best sent to Dreamhost for a definite answer. This is only a customer to customer help forum so you’ll be relying on someone to reply that has had DMCA files against them. Contact Dreamhost


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#5

The answer is the same for MP3 on your office computer :
You don’t have the right to have them on the hard drive,
but until someone bother you with it, it’s not a problem.

Legally and on the contract : you can’t.
But in facts, if it’s private, no one will know.


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#6

I think there is a world of difference between having a few MP3 files on a private, non-shared section of your office computer and allowing your friends to upload any files they wish to your publicly accessible web space.

Anything uploaded to your hosting account is ultimately your responsibility, regardless of who uploaded it.

Mark


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#7

As a few already mention, that way to do it, is by providing a FTP account to your friends, without any web domain access.
that way its not public accessible and even if u provide some of your friends freind’s any space, they wont install rapidshare alike scripts.


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#8

Thanks for the response guys.

I’m cool with the fact that stuff on my site is my responsibility, but until someone points out an infringement to me there isn’t much I can do as it’s probably someone else who put it there and I don’t comb through other people’s files looking for infringing stuff.

I read the thread about the guy who wanted to host warez (pretty funny), but that isn’t what I’m doing so I guess I’ll just have to take stuff down as people bring it to my attention and read up on the DMCA.

And I’ll get in contact with DH and ask for an official answer on it too.


#9

Let us know what you end up learning. It will help others that come later - assuming they learn how to read.

Wholly - IS NOT MY PROMO CODE. Even worse, I don’t get any credit for it. Use WhollyMindless for full credit. I’m really disappointed in someone.


#10

DH is strict with the host owners. As long as you follow the TOS, you will be happy here.

as the posts mentioned, we will be glad if you update the post. You may also want to consider the solution to wiki :stuck_out_tongue:

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#11

I think he meant “wiki the solution” (i.e. Add it to the wiki. http://wiki.dreamhost.com)

Wholly - IS NOT MY PROMO CODE. Even worse, I don’t get any credit for it. Use WhollyMindless for full credit. I’m really disappointed in someone.


#12

As mentioned I would ask support as it can be a little hairy. If you allow uploads and the data that is uploaded is available to public download, then that would be distribution of copyrighted material. If the data is uploaded and not accessible then it is possible they would allow it. I am not sure on Dreamhost’s standing of being a hardrive backup though :slight_smile:

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#13

ANY host, will not tolerate infringing content on their servers, even if they wanted to, from a purely legal standpoint.

Further, you as the customer who is paying for the space with your web host are responsible for the material that is hosted on it, both legally and towards your web host, meaning that you can AND WILL be held responsible for it by your web host, as well as the intellectual property holders of the copyrighted material, if you continue to host it even after having been told to take it down.

I don’t want to put you off with this, I just don’t want you to get in trouble that can be avoided so easily. I would advise that you stop hosting content for other people as you are responsible for what they put in their private directories, even if you are a large web host with millions of customers.
Of course this is heaven for your friends hosting the content, since they are effectively shielded from any legal scrutiny because you’ll have to deal with any fallout that comes out of this.

Take it from a veteran, don’t have your name associated with copyright infringement or other illegal activity, especially if it’s not you who uploaded the files in question.


Patrick
IMHO


#14

And that whole post is, IMHO, excellent advice!

–rlparker


#15

That’s why I signed up as an ex. (Just kidding)

Wholly - IS NOT MY PROMO CODE. Even worse, I don’t get any credit for it. Use WhollyMindless for full credit. I’m really disappointed in someone.


#16

Agreed. Well said.

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#17

thanks… if someone is new to the web they may often have to find out these things the hard way, so I think it’s a good idea to go on relevant support forums and see what other people have experienced. If you’re interested in some more info, read my whole spiel on DMCA (from the other side’s perspective) at this post.

Enjoy :slight_smile:


Patrick
IMHO