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Trax 08-08-2003 05:53 AM

Legal Question regarding Hosting/Servers and Content
 
What really count when it comes to law??
Please take a look at the following example:

lets say: I run beast sites (i actually dont hehe but anyways...)

- beast content is legal in the netherlands as far as i know:


>what if i am a dutch webmaster and run a beast site on a server in california - i am dutch...so do i fall under dutch law? am i safe aswell??
>i am a US webmaster from a state where beast is illegal and run beast sites on a dutch server?? am i safe?

so in general
WHAT counts?

i know thehun.net is running on servers in california (hurrican)
and he does link to beast sites... is that legal... i guess it is because i think he is smart enough to protect himself but im not really sure

I hope some of you guys have the knowledge to answer this question

Thanks

Trax

KRL 08-08-2003 06:02 AM

Under both circumstances you indictated you are indictable.

Trax 08-08-2003 06:52 AM

question is what really count when it comes to law??

is it the server location?
or the residence of the owner?
or is it both?

John3 08-08-2003 06:53 AM

The courts haven't really made a definitive ruling on your question.

Prosecutions can also come from where the content is downloaded.

Theo 08-08-2003 06:57 AM

when was the last prosecution for beast content?

Rochard 08-08-2003 07:39 AM

I would imagine they can come after you no matter where YOU are, or where you servers are.

You can live in Greenland, have your server in Africa, and a US court in Vermont can haul you into court for transmitting illegal content over state lines. I'm not sure how much luck they would have dragging your ass into a US court, but they could try.

If your server is in the US there is no doubt they can move to have it shut down.

Trax 08-08-2003 07:57 AM

ok
so i think the only question left open is:
what is the safest way to go if you cannot prevent 100% security

X37375787 08-08-2003 07:59 AM

Quote:

Originally posted by Trax
ok
so i think the only question left open is:
what is the safest way to go if you cannot prevent 100% security


in this particular case, don't do beast at all. :winkwink:

Trax 08-08-2003 09:12 AM

Quote:

Originally posted by Equinox



in this particular case, don't do beast at all. :winkwink:

hehe i really dont do beast
but i do celeb for example
same issue

Phoenix66 08-08-2003 11:29 AM

Basically, if you want to be crystal clean, you need to comply with a law of the country you are located in, with the law of the country the server is located in and with the law of the country the visitors of your site are from.

Otherwise there is always a chance you will be fucked up.


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