Content Issues on Website

[tk]

Hello,

If I have website, that is build on CMS , where users have ability to add their own content, will the website owner be responsible if some Pirated or copyrighted content was published by some user on the site.

If yes than will posting a disclaimer help?

The problem is Admin cannot monitor all the posts and files uploaded.

Please advice

tk

 

[danBoT]

put a disclaimer saying you guys try to get rid of copyrighted stuff but some slips throught the cracks

 

[EbookLover]

The US judicial system does count ignorance or "I have no time" as a valid arguement.

It's your site. You are responsible. No excuses. If you do not have the time to check up on the public posts mad eot your site, then you should not give the public the ability to upload anything.

Disclaimers will not save you either. If it were that easy, we could all just pirate everything and just put a disclaimer on the site saying "talk to the hand".

And always remember, even if you are not breaking a law or infringing on any rights, anyone can still sue you for anything, even though they know they'll lose. And you have to spend the time and money going to court or face contempt charges.

Bottom line is, if you do not have the time to protect yourself, beware. But even if you do, beware.

 

[Venolus]

The US judicial system does count ignorance or "I have no time" as a valid arguement.

It's your site. You are responsible. No excuses. If you do not have the time to check up on the public posts mad eot your site, then you should not give the public the ability to upload anything.

Disclaimers will not save you either. If it were that easy, we could all just pirate everything and just put a disclaimer on the site saying "talk to the hand".

And always remember, even if you are not breaking a law or infringing on any rights, anyone can still sue you for anything, even though they know they'll lose. And you have to spend the time and money going to court or face contempt charges.

Bottom line is, if you do not have the time to protect yourself, beware. But even if you do, beware.

:bingo: Thats what i wanted to say

 

[dweeb]

so, in other words you are a web host? well in that case, you are responsible for all content.

 

[dataware]

reduce the amount of content by making the subscription to your site long and detailed.... ask for name, address, contact telephone number, company, and so on. The more information you have the more protection you have. We are going through the same problem and I disagree with the comments made above... you provide a service to the best of your ability and some problems will occur...

good luck,

Lorenzo

 

[primacomputer]

No. There are laws to protect ISPs, telephone companies and other communications service providers from liability for how their networks are used. For example, section 512 of the DMCA details a long list of how ISPs, web hosts, etc are not liable for things that pass through their networks, are hosted on them, etc. It also explains what the responsibilities of an ISP are, such as responding to requests to take down infringing material, etc.

In a nutshell, if you post your contact details on the site and respond in a timely manner to requests to take down offending material you will not be held responsible for your users evil deeds. Read the law for details.

 

[tk]

ok, let me be more specific on the content.

It is a tech website, and I have noticed many tech site have links to books that are not free for downloads.

1. so if someone posted a link on my site to another site where this illegal download is published, is that a problem?

2. Some attachments in forums might have content taken from other sites, sometimes it is difficuilt to find if that content can be shared or not... should i retain them or delete them

-tk

 

[KPR]

If the content is uploaded to your site you are are responsible.

If the link is not pointing to your site but to an external site then you arent responsible at all as you are not hosting the content.

 

[labrocca]

The US judicial system does count ignorance or "I have no time" as a valid arguement.

Did you mean "doesn't count ignorance...as a valid argument"?

And currently linking to something on another server has not been a USA issue but a company in Germany and Australia have won suits on sites with external links. So far there has not a suit that I have seen in the USA but I expect one within a year.

Never host illegal files period.

 

[primacomputer]

Universal v. Reimerdes is one example of a case in which linking was ruled to be illegal in the US.

But knowingly placing a link on a website and hosting a website where a user posts one are two different things. Please do take the time to read the law. You will find it much more accurate than webmaster urban legends.

Here's a link for the Google impaired:
http://www.copyright.gov/legislation/hr2281.pdf

Pay particular attention to section 512 which is titled “Limitations on liability relating to material online” and is about, well, the limitation of liability for people who host material online, ie websites.

 

[Venolus]

Why cant you have some moderators who monitor the site for copyrighted content?