help regarding legal issues of this idea.

[mrHunt]

hello, i have a plan to startup a file upload site (similar to Wupload) yet have it hosted on my own server and all files would be on my own private server.

this would be within the united states, and i would plan to have full Copyright and DMCA Disclaimers within my site and strictly adhere to them.... but just like Wupload, i would try to cater to the warez community as my primary customers. i realize this is basicly 2 faced saying one thing but doing another....and since i would be Hosting the files on my own physical server i would have 100% Controll.

the website WOULDNT be able to be shutdown, but at the same time, because i had the server, would i be subject to actual police issues?

mrHunt Reviewed by mrHunt on 2nd Oct 2011. help regarding legal issues of this idea. hello, i have a plan to startup a file upload site (similar to Wupload) yet have it hosted on my own server and all files would be on my own private server. this would be within the united states, and i would plan to have full Copyright and DMCA Disclaimers within my site and strictly adhere to them.... but just like Wupload, i would try to cater to the warez community as my primary customers. i realize this is basicly 2 faced saying one thing but doing another....and since i would be Rating: 5

[snkr007]

Yes you would, better consult a lawyer before starting..!!

[mrHunt]

So even by strictly adhering to all copyright and DMCA policies it would be worse off for me simply because i held access to the server and hosted it from my own server?

[daveborg]

So even by strictly adhering to all copyright and DMCA policies it would be worse off for me simply because i held access to the server and hosted it from my own server?

Which part of setting up a file sharing server with ilegal content in the USA makes you believe you are strictly adhering to any law?

[JoomlaZ]

Well if u are a single individual with minimum capacity and amenities, its best for u not to start with file sharing especially inside US. Making such big hosts needs quality teamwork, good money backup, eminent legal adviser and a good shelter. Else u will end up in prison only.

[Loonycgb2]

http://en.wikipedia.org/wiki/Safe_harbor

So long as you don't say or show you are attempting to allow people to upload warez.. then your in the safe harbor laws...

Meaning you have to allow legit uploads also.. So in the end they cannot force you to give up ip's and names since not everyone is a warez uploader...

You need to make it clear that any copyrighted files will be removed upon notification to show you really are a legit host..

[l0calh0st]

You will need a big plan system, most people usually think about the whole thing about a few weeks/months.

[Jesse]

hello, i have a plan to startup a file upload site (similar to Wupload) yet have it hosted on my own server and all files would be on my own private server.

this would be within the united states, and i would plan to have full Copyright and DMCA Disclaimers within my site and strictly adhere to them.... but just like Wupload, i would try to cater to the warez community as my primary customers. i realize this is basicly 2 faced saying one thing but doing another....and since i would be Hosting the files on my own physical server i would have 100% Controll.

the website WOULDNT be able to be shutdown, but at the same time, because i had the server, would i be subject to actual police issues?

If you market to warez (answer questions even when you are aware they upload warez) you are not covered by any safe harbour laws.

[mrHunt]

thanks for the information guys. Ive looked into competition and ive decided that it would take alot more coding and technical knowhow to have a upload site that would even begin to compete with bigboys such was Wupload.

im probally going to start a simple proxy site just to get back into the hang of things and go from there.

[daveborg]

Meaning you have to allow legit uploads also.. So in the end they cannot force you to give up ip's and names since not everyone is a warez uploader...Without a court order.

Corrected