Get Paid to Participate - up to $1 per post!     Twitter     Facebook     Google+
Hosting Discussion
 

Hosting Discussion > Operating a Web Hosting Business > Web Hosting Business and Legal Issues > Hosts Hit With $32 Million Infringement Verdict
forgot password?



Reply


Old
  Post #1 (permalink)   09-02-2009, 08:50 AM
HD Community Advisor
 
SenseiSteve's Avatar
 
Join Date: Mar 2009
Location: Saint Louis
Posts: 4,972
Send a message via MSN to SenseiSteve

Status: SenseiSteve is offline
What's your take on this infringement verdict?
__________________
ProlimeHost- Dedicated Server Hosting & KVM SSD VPS
Three Datacenter Locations: Los Angeles, Denver & Singapore
SuperMicro Hardware | Multiple Bandwidth Providers | 24/7 On Site Engineers
 
 
 


Old
  Post #2 (permalink)   09-02-2009, 09:46 AM
HD Management Staff
 
Artashes's Avatar
 
Join Date: Apr 2003
Posts: 9,792

Status: Artashes is offline
We had the story covered in our blog as well:
http://www.hostingdiscussion.com/blo...osted-content/

That's in addition to our recent conversation about hosting providers' liability when it comes to actual service performance (loss of data). I think that if the host was made liable for hosting content, same damages are possible for loss of data. I guess it all comes down to what the judge says.
 
 
 


Old
  Post #3 (permalink)   09-02-2009, 10:14 AM
HD Community Advisor
 
SenseiSteve's Avatar
 
Join Date: Mar 2009
Location: Saint Louis
Posts: 4,972
Send a message via MSN to SenseiSteve

Status: SenseiSteve is offline
Quote:
Originally Posted by Artashes View Post
We had the story covered in our blog as well:
http://www.hostingdiscussion.com/blo...osted-content/

That's in addition to our recent conversation about hosting providers' liability when it comes to actual service performance (loss of data). I think that if the host was made liable for hosting content, same damages are possible for loss of data. I guess it all comes down to what the judge says.
I'm not seeing the logical leap from knowingly hosting illegal content to damages for loss of data. In any event, I think this will ultimately be decided further up the legal chain, rather than by one judge or jury. The implications are far too reaching.
__________________
ProlimeHost- Dedicated Server Hosting & KVM SSD VPS
Three Datacenter Locations: Los Angeles, Denver & Singapore
SuperMicro Hardware | Multiple Bandwidth Providers | 24/7 On Site Engineers
 
 
 


Old
  Post #4 (permalink)   09-02-2009, 10:36 AM
HD Management Staff
 
Artashes's Avatar
 
Join Date: Apr 2003
Posts: 9,792

Status: Artashes is offline
Well, you are right on that. I searched the web the other day for known data loss cases and could not come up with anything solid.
But it doesn't hurt to have hope.
 
 
 


Old
  Post #5 (permalink)   09-02-2009, 10:45 AM
HD Wizard
 
Join Date: Mar 2005
Location: Atlanta, GA
Posts: 2,264

Status: handsonhosting is offline
I'm sure this will get thrown out - or reduced.

In order to file a DMCA Complaint, a person can submit via email/forms but and they also send a written letter (usually from a legal dept). At that point, the host gets to inform the customer and/or shutdown the website for infringement of their own TOS (unless they allow that kind of stuff).

As mentioned in the article, how do you determine with the articles were REAL or FAKE. Granted, the moment you use the image, that's copyrighted (unless they took their own image).

I see this being apealed. I don't see how someone is responsible for another persons actions. Now if they were informed of the event, and they choose not to do anything, that's a different story.
__________________
Emerson Nogueira
http://www.HandsOnWebHosting.com
cPanel Web Hosting, Domain Registration, Managed VPS Servers
 
 
 


Old
  Post #6 (permalink)   09-02-2009, 10:47 AM
HD Community Advisor
 
SenseiSteve's Avatar
 
Join Date: Mar 2009
Location: Saint Louis
Posts: 4,972
Send a message via MSN to SenseiSteve

Status: SenseiSteve is offline
Just read the blog - I should start reading it daily. What's not clear to me at all is the providers responsibility to have even a general knowledge of what's on their customer's servers. Of course, there's a responsibility when it's brought to their attention, as evidenced in this case.
__________________
ProlimeHost- Dedicated Server Hosting & KVM SSD VPS
Three Datacenter Locations: Los Angeles, Denver & Singapore
SuperMicro Hardware | Multiple Bandwidth Providers | 24/7 On Site Engineers
 
 
 


Old
  Post #7 (permalink)   09-02-2009, 11:44 AM
HD Guru
 
siforek's Avatar
 
Join Date: Mar 2009
Location: Salt Lake City, UT
Posts: 663

Status: siforek is offline
"you may now be expected to proactively police all your customers".. I would be okay with this to some extent, but where do you draw the line between "policing" and "privacy"?

If someone reports it and I discover in fact that there is illegal content removing it is a no brain'r. But if I knew and did nothing I'd expect to be liable.
__________________
| | Fiber Elephant | | Virtuozzo & Reseller Hosting
█ | Never oversold, always managed & on the SoftLayer network!
█ | Call us toll free 24/7! | 1-888-92-FIBER
 
 
 


Old
  Post #8 (permalink)   09-02-2009, 11:57 AM
CSN-UK | Charlie
 
csn-uk's Avatar
 
Join Date: Mar 2009
Location: Swindon (UK)
Posts: 470
Send a message via MSN to csn-uk

Status: csn-uk is offline
Actively searching content even with the best intent would invalidate the privacy of most clients and their users, especially to those who ether run online/offline commerce through your servers.

An understandable level of monitoring, browsing websites and responding to violation reports is understandable however actively policing user forums/blogs etc would only cause more issues. Im of no doubt that it will be appealed as Conor stated.
__________________
CSN-UK | Shared Hosting | Dedicated | VPS | Custom Packages Avalible On Request | Quality SSL Certificates from COMODO CA
CSN-UK.net | Server Status | Client Area | Live Support
 
 
 


Old
  Post #9 (permalink)   09-02-2009, 11:58 AM
HD Guru
 
Join Date: Aug 2005
Location: Kalamazoo, MI USA
Posts: 657
Send a message via AIM to Zachary McClung

Status: Zachary McClung is offline
This is a very interesting topic. I would have to agree with Conor & Steve that this will be tossed. If I receive a DMCA notice, I send it to the customer and provide them 24 hours to remove the content. If they do not respond back within 24 hours the box or the account is suspended. If they still don't want to fix it, they are terminated.

To go as far as, legal liability for web hosts is a little out there. That is like being able to name the car dealership in a lawsuit because the car they sold the guy cause a accident because the driver was drunk.
__________________
Zachary McClung, Sales & Marketing Manager - Need a Quote? E: zach@jaguarpc.com
JaguarPC.com - Managed VPS Hosting
Resellerzoom.com -Cpanel Reseller hosting
modVPS.com - Unmanaged VPS | Multiple Locations | Since 1998
 
 
 


Old
  Post #10 (permalink)   09-02-2009, 12:05 PM
HD Community Advisor
 
SenseiSteve's Avatar
 
Join Date: Mar 2009
Location: Saint Louis
Posts: 4,972
Send a message via MSN to SenseiSteve

Status: SenseiSteve is offline
Hmmm.... I don't remember saying I thought it would be tossed. I do believe it will be appealled though.
__________________
ProlimeHost- Dedicated Server Hosting & KVM SSD VPS
Three Datacenter Locations: Los Angeles, Denver & Singapore
SuperMicro Hardware | Multiple Bandwidth Providers | 24/7 On Site Engineers
 
 
 


Old
  Post #11 (permalink)   09-02-2009, 12:13 PM
HD Guru
 
Join Date: Aug 2005
Location: Kalamazoo, MI USA
Posts: 657
Send a message via AIM to Zachary McClung

Status: Zachary McClung is offline
Quote:
Originally Posted by Steve-Hostirian View Post
Hmmm.... I don't remember saying I thought it would be tossed. I do believe it will be appealled though.
Sorry Steve, appealed, tosses, its all the same. I was thinking quicker and typing with 16 things going on.
__________________
Zachary McClung, Sales & Marketing Manager - Need a Quote? E: zach@jaguarpc.com
JaguarPC.com - Managed VPS Hosting
Resellerzoom.com -Cpanel Reseller hosting
modVPS.com - Unmanaged VPS | Multiple Locations | Since 1998
 
 
 


Old
  Post #12 (permalink)   09-15-2009, 08:19 AM
HD Newbie
 
Join Date: Sep 2009
Location: Leeds, UK
Posts: 18

Status: Hydro_Host is offline
How far do you go with the policing? what if the image is stored within a database? I think it is a ridiculous idea to regularly go through client's files.

If you receive a complaint yes, but if not you can't go looking for it!

I think it should be the responsibility of the person who is listed as domain owner who is liable not the web host!
__________________
Hydro Host Affordable UK Web Hosting - cPanel
Shared Hosting Reseller Hosting Domain Name Registration
www.hydro-host.net
 
 
 


Old
  Post #13 (permalink)   09-15-2009, 03:07 PM
HD Amateur
 
Join Date: Aug 2009
Posts: 65

Status: OwlMan is offline
This is definitely going to be an interesting case to follow although I'm a bit confused about the nature of the infringement. Was that host's client impersonating them or illegally using trademarked images to promote their products (which isn't that legal if a disclaimer is added saying that it's used within "fair use")?
 
 
 


Old
  Post #14 (permalink)   09-21-2009, 06:48 PM
HD Newbie
 
Join Date: Sep 2009
Location: Hostorea.com
Posts: 12

Status: hostorea is offline
all i can say is wow....
 
 
 


Old
  Post #15 (permalink)   09-22-2009, 12:44 PM
HD Newbie
 
Join Date: Jun 2004
Posts: 26

Status: eSited is offline
No way they have that kind of money..
__________________
Tom Chen @ eSited Solutions LLC
Reliable Linux & Windows VPS Solutions.
█ Visit http://esited.com/ or Email sales[at]esited.com
Managed Hosting Solutions Since 2006 w/ 24/7 Support
 
 
 
Reply
Previous Thread Next Thread


Thread Tools

New Post New Post   Old Post Old Post
Posting Rules:
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
vB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Sponsored By: