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Thread: Is Linking to Streaming Video Illegal?

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    Zash's Avatar
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    Is Linking to Streaming Video Illegal?

    I am thinking about starting a streaming video site to use with CPALead. However, I live in the US.

    Is it illegal for me to embed, not host, streaming videos? I keep getting mixed responses, and I don't want to get in trouble.

    [ame="http://forums.digitalpoint.com/showpost.php?p=12362957&postcount=3707"]CPALead.com - General Discussion / Network Performance (View Single Post)[/ame] - Is this guy right?
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    Franc Tireur's Avatar
    Franc Tireur is online now Senior Net Builder
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    Before starting a streaming video site, you should ask an attorney specialized in internet.

    Don't rely on very sensitive issues with laws from forums. Sometimes it cost less in the long run to spend a little extra money on lawyer consultation, than be in trouble with the laws and pay for damages.

    If I can recommend you someone, contact my lawyer: www.waltonweblaw.com/
    Those who can make you believe absurdities can make you commit atrocities.

    Voltaire


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    jehnidiah is offline Unknown Net Builder
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    Quote Originally Posted by Zash View Post
    I am thinking about starting a streaming video site to use with CPALead. However, I live in the US.

    Is it illegal for me to embed, not host, streaming videos? I keep getting mixed responses, and I don't want to get in trouble.

    CPALead.com - General Discussion / Network Performance (View Single Post) - Is this guy right?
    Yes, that guy is right. (I wrote that post)

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    DotComBum's Avatar
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    Is it illegal for me to embed, not host, streaming videos?
    No. You can embed whatever the hell you want - provided your host doesn't have a clause like 'it would violate our Terms of Service to display hateful, racist, etc. material' - provided those videos are that type of material. Anyway! Since the videos are not on your server and are not hosted by you, since you are only embedding them, you are not responsible for the content and you aren't doing anything illegal.

    That guy just wants to show off his fancy ability to use Google, then copy and paste random data he found, but probably doesn't fully comprehend. He could be right, but over the years I have read information from a number of valid, trustworthy sources that simply linking to or embedding something does not put you at risk. In fact, on my discussion/debate forum I was approached by someone requesting that I take down a video - when I informed them that it was hosted with YouTube and directed them to contact YouTube, I never heard anything about it again.

    Perhaps you could seal this with a clause such as:
    "We are not responsible for the content of any media embedded on this site. All issues should be addressed with the network responsible for the hosting of the aforementioned media. All media is displayed for educational purposes only. We are not affiliated with the copyright owner(s) of the media, nor do we claim to own such media."

    It's a tad repetitive, but it should just make it clear to anyone that cares that you do not host the stuff.

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    Zash's Avatar
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    Quote Originally Posted by Kovich View Post
    No. You can embed whatever the hell you want - provided your host doesn't have a clause like 'it would violate our Terms of Service to display hateful, racist, etc. material' - provided those videos are that type of material. Anyway! Since the videos are not on your server and are not hosted by you, since you are only embedding them, you are not responsible for the content and you aren't doing anything illegal.

    That guy just wants to show off his fancy ability to use Google, then copy and paste random data he found, but probably doesn't fully comprehend. He could be right, but over the years I have read information from a number of valid, trustworthy sources that simply linking to or embedding something does not put you at risk. In fact, on my discussion/debate forum I was approached by someone requesting that I take down a video - when I informed them that it was hosted with YouTube and directed them to contact YouTube, I never heard anything about it again.

    Perhaps you could seal this with a clause such as:
    "We are not responsible for the content of any media embedded on this site. All issues should be addressed with the network responsible for the hosting of the aforementioned media. All media is displayed for educational purposes only. We are not affiliated with the copyright owner(s) of the media, nor do we claim to own such media."

    It's a tad repetitive, but it should just make it clear to anyone that cares that you do not host the stuff.
    I understand this for YouTube's content, but I do think that you are contributing to copyright infringement when you are knowingly linking to copyrighted content.
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    weirdnessme is offline Newbie Net Builder
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    You can always go for offshore servers which certainly avoid DMCAs

    you cam embed videos with no problem . Just use a right host .

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    Kovich's Avatar
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    Read this, and the comments:
    Is Linking Or Embedding Infringing Content Illegal? | Techdirt

    Still no definitive answer, but it's fascinating.

    We also have this:
    http://www.google.com/support/forum/...0eca0cc3&hl=en

    And a quote from somewhere:
    "Conclusions: All in all, there is very little reason to fear being sued for embedding YouTube clips into your site. Even if the clip is obviously infringing, the most likely outcome is simply that it will stop working after the rightsholder files their DMCA notice. The odds of such a matter leading to a courtroom are very slim."

    Another debate:
    [ame="http://forums.digitalpoint.com/showthread.php?t=544087"]Is embedding youtube videos illegal ???[/ame]

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    Quote Originally Posted by weirdnessme View Post
    You can always go for offshore servers which certainly avoid DMCAs

    you cam embed videos with no problem . Just use a right host .
    The flaw that I hear with this idea is that while my host is offshore, I am not. Neither is my domain. I am still being governed by US law.

    Quote Originally Posted by Kovich View Post
    We also have this:
    Is illegal to Embed videos from youtube? - YouTube Help

    And a quote from somewhere:
    "Conclusions: All in all, there is very little reason to fear being sued for embedding YouTube clips into your site. Even if the clip is obviously infringing, the most likely outcome is simply that it will stop working after the rightsholder files their DMCA notice. The odds of such a matter leading to a courtroom are very slim."

    Another debate:
    Is embedding youtube videos illegal ???
    Those are related to YouTube - I wouldn't be embedding YouTube videos.
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    Kovich's Avatar
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    Quote Originally Posted by Zash View Post
    The flaw that I hear with this idea is that while my host is offshore, I am not. Neither is my domain. I am still being governed by US law.


    Those are related to YouTube - I wouldn't be embedding YouTube videos.
    I'm not sure it matters whether or not it's specifically 'YouTube' or just any sort of similar site.

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