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  1. #1
    SitePoint Guru Ruben K.'s Avatar
    Join Date
    Jun 2005
    Alkmaar, The Netherlands
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    Video portal hosting liability?

    I'm plotting a website that lets everyone that wants to, have a site like youtube hosted on my server,
    like wordpress hosts wordpress blogs and I was wondering if I could be held
    liable when someone hosts copyright infringing material on his hosted website

    If so, how would I protect myself against this?

  2. #2
    SitePoint Wizard bronze trophy
    Join Date
    Oct 2004
    10 Post(s)
    0 Thread(s)
    Yes you would be liable. There's no bullet-proof protection other than to conform to any C&D they send you and hope that they don't take it any further (which is unlikely, but they could in theory sue for damages). You should also perhaps consider incorporating to reduce the likelihood of being sued personally.

    Basically you can put up all the terms and conditions you wish, but ultimately you are hosting the stuff, so the buck stops at you - it certainly won't help your case if you are in any way profiting from all of this (e.g. ads, subscriptions etc). However, your terms of service will certainly be useful if you ever have to (in turn) sue the person who uploaded the video on your server.

    But the reality is that you'll get a snotty letter to take it down, and as long as you do this, that will probably be the end of it. Expect to spend most of your day dealing with DMCA notices.


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