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Illegal mp3s or not ?

Discussion in 'General Discussion' started by donnie, Sep 3, 2003.

  1. donnie

    donnie Active Member

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    Hi all,
    Few days back I found few mp3 files on our server under one one of my clients account. These mp3 files are not in english they are in some other language that i don't know.

    So, please tell me how do I check the legality of these mp3 files that they are not illegal or stolen from some album or somewhere else. I also talked to my client regarding to this matter but he said that these files are not illegal.

    Please help me. What should be next step ? Do I ask him for the copywright of these mp3 files.

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  2. ciphervendor

    ciphervendor Well-Known Member

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    The person could own audio CDs and have made MP3s from them. There is no real way to prove whether or not this person is the legitimate owner of the music in those MP3s.

    I would suggest that you simply forget about it.

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  3. donnie

    donnie Active Member

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    But what if they are stolen or ripped from some album or somewhere else. If we forget this matter and let him continue then maybe our that server will be closed by the service provider if they come to know that we are having some illegal files only just because of our negligence. :(

    one more thing that these files are also downloaded by the visiters in a huge quantity. Bandwidth is not an issue here but they must be legal.

    BTW thanks for your suggestion.

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    #3 donnie, Sep 3, 2003
    Last edited: Sep 3, 2003
  4. ciphervendor

    ciphervendor Well-Known Member

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    I believe that web hosts are housed under the same laws as telco & internet providers; things that happen on their networks (phone conversations about drugs deals, bumping people off and people hacking other computers, etc.) the companies cannot be held liable for.

    If they receive a subpoena, court order, etc. they will have to take action. i.e. terminate service, hand over logs, etc.

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  5. dthigpen

    dthigpen Active Member

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    Actually, once you become aware of this illegal content, you are responsible for taking action.

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  6. ciphervendor

    ciphervendor Well-Known Member

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    Perhaps, but there is no way to verify who the owner of those MP3s is.

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  7. mjm

    mjm BANNED

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    im with ciphervendor, dont stress about it till you get a court order requesting you remove them.

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  8. hostultra

    hostultra Well-Known Member

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    Dont bother checking hosted accounts for illegal content.
    Its not your job to police the internet.
    Only remove it if you get a complaint.

    The law only says you have to remove it once you become aware that its illegal.

    Whenever you get a complaint from a copyright lawyer, remove the account and reply telling them you removed it, thats all you have to do to protect yourself.
    Never admit that you were aware that it was there or admit to doing anything wrong.

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  9. donnie

    donnie Active Member

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    Thanks a lot everybody here for your helping me.

    Is this should be same pattern i carry for the warez files or links(wait until someone complaints) ?

    Your suggestions will be appreciated.

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  10. Silverado

    Silverado Well-Known Member

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    We go over all the sites we host on a Monthly basis.
    Mainly searching for porn and other disallowed content on the servers. (or even a links to it)

    I am with the rest of them on this issue though.
    I wouldn't stress over it.
    Keep the email where you client states it is legal and that should more than cover you in case something does arise.

    I would also suggest a very good "terms of usage" page with disclaimers abound.

    You cannot control everything on your servers.. and there is no way to police the Internet.

    Luckily, I have had a few people visit a web site with pornagraphic banners.. etc... and email us after they discovered we were hosting the account.

    You just have to set the worry aside and concentrate on the really important measures.... security and sales

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