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PostPosted: Thu Mar 10, 2011 2:48 pm 
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Joined: Thu Mar 10, 2011 2:35 pm
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I am not sure this is legal or not but I have to ask. I am not going to host any copyrighted material (except movie or game posters) in my linode but I am planning to provide fileshare site links and torrent files for copyrighted materials.

Is it allowed to host in linode?


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PostPosted: Thu Mar 10, 2011 2:59 pm 
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So you want to host a BitTorrent tracker that allows people to download pirated movies and games? I'm pretty sure that's not kosher in the USA, and Linode is an American company. Napster comes to mind. They never directly hosted illegal content either, but they lost in court.

I doubt Linode needs that sort of trouble and/or attention.


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PostPosted: Thu Mar 10, 2011 3:36 pm 
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IANAL but last time I checked, it was illegal in the USA to post links to copyrighted material, links to links to copyrighted material, etc.


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PostPosted: Thu Mar 10, 2011 3:47 pm 
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No I don't want to host a tracker. I want to host torrent files and other links for copyrighted materials.

So, is it allowed or not?


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PostPosted: Thu Mar 10, 2011 4:23 pm 
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Joined: Tue May 26, 2009 3:29 pm
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Location: Montreal, QC
0x0a wrote:
No I don't want to host a tracker. I want to host torrent files and other links for copyrighted materials.

So, is it allowed or not?


No. Not unless you are either the copyright holder, or have the permission of the copyright holder.


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PostPosted: Thu Mar 10, 2011 5:25 pm 
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Joined: Fri Oct 24, 2003 3:51 pm
Posts: 965
Location: Netherlands
Linode Terms of Service, Section 3, para 9 wrote:
Any usage that prompts the receipt of abuse complaints pertaining to violation of United States and/or international copyright law must be promptly discontinued to avoid service cancellation for violation of these terms.

Past experience shows that, once Linode have received a few DMCA takedowns for your site and you start causing them disproportionate amounts of administrative work, you will be invited to take your business elsewhere, even if they don't just kill your account for ToS violations. You need one of those sleazy hosting services in the Ukraine.

_________________
/ Peter


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PostPosted: Thu Mar 10, 2011 7:31 pm 
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Joined: Sat Aug 30, 2008 1:55 pm
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Location: Rochester, New York
Have you been in touch with your attorney? They can help you interpret the Linode terms of service and applicable copyright law in your specific case. You can also check the Extras tab to see if you can purchase additional legal opinions directly from Linode.

_________________
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/* TODO: need to add signature to posts */


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PostPosted: Tue Mar 29, 2011 10:45 am 
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Joined: Tue Mar 29, 2011 10:34 am
Posts: 25
Website: http://www.netrival.com
If I have a blog hosted on Linode. Why not to share link of copyrighted material. If I put a link to Internet Explorer 9. Will it be illegal?

I don't think filesharing links are illeal until it is linked to crack, keygen or similar stuff.


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PostPosted: Tue Mar 29, 2011 11:26 am 
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Joined: Mon Jul 05, 2010 5:13 pm
Posts: 392
If you either:

A. Host actual files which are protected by copyright, which you do not have permission to distribute. (like hosting ripped CDs on your site)

B. Post links to files which are protected by copyright, and the place you're linking to doesn't have permission to distribute them. (like posting torrent links)

Linode will eventually get a stack of DMCA notices, and you'll most likely be asked to leave.

On the other hand, it is legal (IANAL) to post links to the legitimate locations of copyrighted files. For example, if you post a link on your blog to Microsoft's IE9 download, you're fine. Likewise for other similar files, for which the copyright holder provides a legitimate public download. Apple's iOS updates come to mind.


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