Will I get fined or anything legal issue against me ?

[pankaj]

I saw a thread where one guy was fined for downloading a movie in USA.

I sell RDP's and if download and upload copyrighted materials, will I be in trouble ?
I remove the files if I notice its copyrighted.
The DMCA people won't have my client address but they can get my address via my datecenter, right ?

Will I get fined or anything legal issue against me ?
Or I am fully safe ?

pankaj Reviewed by pankaj on 9th Jan 2011. Will I get fined or anything legal issue against me ? I saw a thread where one guy was fined for downloading a movie in USA. I sell RDP's and if download and upload copyrighted materials, will I be in trouble ? I remove the files if I notice its copyrighted. The DMCA people won't have my client address but they can get my address via my datecenter, right ? Will I get fined or anything legal issue against me ? Or I am fully safe ? Rating: 5

[bxflow]

if they want you, probably

[pankaj]

Will SoftLayer give them my details easily ? I live in India, still will I have problems ?

[delboy]

I sell RDP's and all users do is download and upload copyrighted materials including movies and games.
The DMCA people won't have my client address but they can get my address via my datecenter, right ?

Will I get fined or anything legal issue against me ?
Or I am fully safe ?

1) You sell RDP you should be not admitting that you let you clients download copyright content so freely.
2) Correct a Court Order to the datacenter would get you address and not you clients so you would be potentually responsible for it, unless you make you clients apply with dmca, (if you are in the usa) then and only then can you use the various isp limited liablity clauses, to protect yourself from liability, ofcource, you need to run a clean hosting company, have policies, terms of serivce, AUP etc and it needs to forbid copyrighted content.
3) You could potentually get fined or get legal action brought against you depending on how you run your hosting operation, if you are not a real company, dont make you clients remove files etc, then you are more likely to get action brought against you as you actually host the files.
4) If you do not have addresses of clients or proof you have clients, how can you prove to them that you do actually have clients ,and it is not you, using diffrent usernames on the server.

Ultimatly Your Location and the location of the server are the points which bring the most variables to your question.

[gamelord]

Just create a Terms and Conditions page somewhere and say in that:

"I am not responsible for what the clients/users downloads or uploads using RDP"

Just like RS.

[pankaj]

delboy - Yeah you're right about your first point. I actually said that thinking KWWH RDP users buy RDP for the same but I got your point. I edited that, you too kindly edit it.

And gamelord - I'll create a page with TOS and I think I'll be safe then.

Whenever I get complaints, I remove the files.

[Djlatino]

Yes, make the page. If they try and send you to court just be like "Look at the TOS, now I got better things to do...."

[CJ]

lol Hosters cant really monitor users 24/7 & u have that point with u

[Lifetalk]

A TOS will not protect you for jack. RS would not be making trips to the court if a TOS was good enough to protect them.

[janu123]

Remove the copyrighted materials as u receive any mail from them.According to me in india it will be not so big problem as in USA..