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27th Aug 2012, 02:04 AM #11Member
you can't
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28th Aug 2012, 06:05 PM #12MemberWebsite's:
FileShoppe.netThat's interesting really. If a file has been compressed and split (say 5 ways) and only 1 part was uploaded to a particular host, does that part of a file constitute as a copyrighted piece of work?
Ultimately, the collective actions you encourage your users take would constitute copyright infringement, and your actions would constitute distributing or disseminating copyright content. But what would this mean from the host's point of view?
Perhaps this is just an added layer of protection for the host. But I see no protection for the uploader or downloaders.
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28th Aug 2012, 06:54 PM #13Member
just use strong RAR password with header encryption and if links are not posted to public boards they can't detect it.
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28th Aug 2012, 06:59 PM #14MemberWebsite's:
sexybabess.infoI got a DMCA once on my forum here is what I did I have never got another one
I know who sent it so I banned this persons ip
Only use smaller free file host where there is a less chance of getting a DMCA
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29th Aug 2012, 10:54 PM #15Member
^pretty ignorant...you do realize you have NO safe harbor now, not only are you posting the stuff yourself but you banned the IP of the copyright holder's representative. If that copyright holder gets a hold of your name (and I'm sure they probably already have it), you are fully liable for the full penalties under copyright law.
You now have NO defense. But you're more concerned with forum posters than being smart, so well done!
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29th Aug 2012, 11:01 PM #16MemberWebsite's:
FileShoppe.netDo forums enjoy DMCA protection in the same way web hosts do? Do forums need DMCA protection in the same way web hosts do?
If someone is actively uploading and distributing copyright content, I'm fairly sure there is no protection of any kind. It seems pretty clear that it's illegal, plain and simple.
That being said, in many countries (the US being an exception here), posting of links does I believe does not constitute infringing of copyrights. So does DMCA still apply?
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29th Aug 2012, 11:07 PM #17Member
Well in this case since Bri err Djboutit is the only one posting to his forum, and he's the one uploading the files to a filehost and then broadcasting his links on his forum...I think any prosecutor would have a field day with this guy. Protections exist for innocent people who might be caught up in the middle of an offense. There's no protection for a guy who uploads copyrighted materials to a filehost then opens his own forum to distribute the copyrighted materials, then comes on here and openly brags about banning IPs of the copyright holder's reps.
If he wasn't such a small timer he'd be a great person to make an example out of. Dur.
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29th Aug 2012, 11:11 PM #18MemberWebsite's:
FileShoppe.netAh. Yes that makes sense! Lol
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30th Aug 2012, 02:23 AM #19Member
Yes, but in a criminal case guilt must be proven beyond a reasonable doubt. And in this case it means that it must be proven that the owner of the forum is himself both the uploader and poster of the links.
Just a "admission" without more on a forum does not constitute proof.
The owner could maximize his plausible deniability by registering different forum users through Tor, and himself post anonymously to his own forum.
And what if the forum doesn't keep logs? There is no legal requirement to keep logs.
However, in order to qualify for the DMCA safe harbor, the service provider must have a registered DMCA agent. It requires filling out some paperwork, and paying a onetime fee.
And to the other poster, yes a forum may qualify for the DMCA safe harbor provided that it has a registered DMCA agent.
Whether links may infringe copyright is really an open question.
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30th Aug 2012, 03:56 AM #20Member
Exactly what I'm doing. I only got couple of my files deleted on 2 instances on this method, and most likely they're reported by my bitter and older competitors which I surpassed easily since I know what I'm doing.
I've been avoiding US-related contents for months now, maybe that too explains why I don't have my files being reported as an uploader. But I still use the above method since I'm OCD on these things.
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