Forums under Legal Attack

[Boofo]

Originally Posted by kh99

And I'm saying the information's on the site, if you can't understand it then you probably need to hire a lawyer. That's just the way stuff works. The copyright office doesn't make or enforce the laws. They can't tell you you're protected just by registering, because you're not. If you find the document about DMCA you'll see that it's not the only requirement. And even if you meet them all someone could still file suit because that's just they way the legal system works.

So, basically, it would be a waste of good money to file the forum then, if they can still come after you?

[kh99]

Originally Posted by Boofo

So, basically, it would be a waste of good money to file the forum then, if they can still come after you?

Well, again I'm not a lawyer, but - I think the DMCA says that if you are a "service provider" and you follow the rules (including, apparently, registering so you can receive take-down notices), then you can't be held liable for copyright infringement by your subscribers or users. Of course that doesn't stop someone from suing you for it, but it's supposed to stop them from winning.

But if your point is that they could try to force you in to settling because you don't want to pay for defending yourself, then yeah, I guess in that way registering doesn't protect you. But IIRC (I'm not going back to reread this thread), someone was suggesting that maybe the guy was only going after sites that hadn't registered and therefore had no defense under the DMCA.


And now I officially wish I had stayed out of this because I probably haven't followed the discussion well enough...

[JamesC70]

Originally Posted by kh99

Well, again I'm not a lawyer, but - I think the DMCA says that if you are a "service provider" and you follow the rules (including, apparently, registering so you can receive take-down notices), then you can't be held liable for copyright infringement by your subscribers or users. Of course that doesn't stop someone from suing you for it, but it's supposed to stop them from winning.

Correct. Unless you post infringing content on your own site.... but clever online aliases can mask this.

Originally Posted by kh99

But IIRC (I'm not going back to reread this thread), someone was suggesting that maybe the guy was only going after sites that hadn't registered and therefore had no defense under the DMCA.

Yes.... post 12.

One thing that hasn't been pointed out -- if you, as the forum owner, keep your forum clear of infringing content to start with, then you shouldn't ever be served with a takedown notice or a copyright suit. (Alternately.... throw any potential "cut and pastes" into a members only area, where Google and Guests can't see them.)