The RIAA forced me to shut down a successful website/apps I built in high school

Post by seiji » Tue, Dec 31, 2013, 2:57 PM UTC

langarto wrote: post #4

driverdan wrote: post #2

IANAL. First of all a cease and desist doesn't require you to do anything. It's merely a threat. That said it seems pretty clear that you're violating copyright laws. The DMCA only applies to user generated content (UGC). You're not letting users input their own links to 3rd party content, you're finding the links yourself. It doesn't matter where you get them from. Not only that but you're not linking to this conten…

I wonder how can he be violating any law with respect to distribution of copyrighted content when he is not distributing anything. He is just pointing to other sources doing the actual distribution (which may be legal). He is just providing links, although with a nice interface.

Post by seiji » Tue, Dec 31, 2013, 3:00 PM UTC

wernercd wrote: post #5

langarto wrote: post #4

Earlier quoted context omitted.

I wonder how can he be violating any law with respect to distribution of copyrighted content when he is not distributing anything. He is just pointing to other sources doing the actual distribution (which may be legal). He is just providing links, although with a nice interface.

The same way ThePirateBay is guilty of infringement when all the host is "links". They host "nothing" and yet are the scourge of the interwebs.

Post by brohee » Tue, Dec 31, 2013, 3:03 PM UTC

adamnemecek wrote: post #8

jtome wrote: post #6

Earlier quoted context omitted.

Linking can be considered "dissemination" thanks to the DMCA, see http://www.chillingeffects.org/linking/faq.cgi#QID152

Yet somehow Google still operates. But to respond to OP, IANAL but I think that you might have folded too easily. But it's understandable that you probably want to avoid a lawsuit at any cost. Also, you might want to check this out http://www.chillingeffects.org/dmca512/faq.cgi#QID862 and google around for 'wrongful dmca takedowns'.

Post by seanalltogether » Tue, Dec 31, 2013, 3:04 PM UTC

ds9 wrote: post #10

driverdan wrote: post #2

IANAL. First of all a cease and desist doesn't require you to do anything. It's merely a threat. That said it seems pretty clear that you're violating copyright laws. The DMCA only applies to user generated content (UGC). You're not letting users input their own links to 3rd party content, you're finding the links yourself. It doesn't matter where you get them from. Not only that but you're not linking to this conten…

It's not at all clear that he's violating any laws. There is no infringement in providing access in a good-faith belief that the content is legit. And it's a fair assumption that the people actually publishing the music files on their websites wouldn't be doing so without authorization from the rights holders. Further, downloading in general (as opposed to publishing) is expressly legal in some countries (e.g., repor…

Post by adamnemecek » Tue, Dec 31, 2013, 3:05 PM UTC

brohee wrote: post #15

adamnemecek wrote: post #8

Earlier quoted context omitted.

Yet somehow Google still operates. But to respond to OP, IANAL but I think that you might have folded too easily. But it's understandable that you probably want to avoid a lawsuit at any cost. Also, you might want to check this out http://www.chillingeffects.org/dmca512/faq.cgi#QID862 and google around for 'wrongful dmca takedowns'.

Google actively removes links to infringing content once notified. E.g. look at the bottom of https://www.google.com/search?q=rihanna+diamond+mp3