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Old 04-30-2007, 05:02 PM  
will76
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Join Date: May 2003
Location: USA
Posts: 18,037
Quote:
Originally Posted by LadyMischief View Post
Not neccessarily.. They have to respond to DMCA's and be willing to give information otherwise they are accountable, as far as I'm aware. However don't quote me as gospel, I'm fairly sure but not 100%. I've never had hosts interfere with copyright issues, they tend to be EXTREMELY willing to keep themselves liability-free.

I was a host that refused. Different circumstances but it did involve copyright issues. One of my colocation customers owned a gay website that had a forum on it. One of the posters on the forum posted " Gloryhole at the marriott, second floor bathroom". Marriott general consul contacted my company and asked us to remove the page and to give them the customers information. They had tried contacting him and were unable to do so. They threatened to sue us for copyright violation if we did not comply. We spoke with our attorneys and were told this is one of the rare cases where as a host we were liable. As a host when notified of a copyright violation (my understanding according to the law) you are suppose to comply. I do not feel comfortable about giving out information to any company just because they ask for it and I would not want to go start taking customers pages down for the same reasons as well. I feel like i could be sued by the customer if i was to do this. My stance was get a court order and I will comply to that but I am not going to do it just because you say so.

The costmer refused to address the issue because it was on a forum and he said it was right to free speach, talk about a rock and a hard place. A good friend and large account and my personal feels on one side, a large corperation wanting to lump you in with the site owner on something you have totally nothing to do with. Thankfully they did not persue it, apparently they were bluffing and after a couple weeks since it was a forum it faded off of the site.

Several years ago I had someone hosting with me who had a girls nude images on his website. Girl was complaining to the police that the person using her pics did so without her persmission and wanted them down. Same thing, they can't get in touch with the site owner so the police call me. They were cool about it, they just wanted mailing info for me, they told me they did not want me to tell them any info on the site owner until I received the subpoena so my customer could not sue me. Subpoena was received info was sent.

But pirate bay is not liable for copyright issues
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