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Pretty much all hosting solutions in the United States will fall under the "safe harbor" clause of the DMCA. This law makes any noncompliant service a "publish
by chaqke 17y ago
Pretty much all hosting solutions in the United States will fall under the "safe harbor" clause of the DMCA.
This law makes any noncompliant service a "publisher", liable for all content on the site - unless you follow the DMCA. Upon receiving a takedown notice, the service provider must take down content immediately, and issue a notice to the supposed actual content owner. Content owner has a short period in which he can file a counter claim and keep the content up for a little bit while the two sides argue.
Service provider becomes a publisher, liable for your potentially illegal content (trademark/copyright infringement, slander, libel, child pornography, etc) if they do not comply.
Rackspace is not the problem - the 105th Congress was the problem.
- ajross 17y agoThat's overstating the case. The DMCA doesn't require instant take-down, it promises the converse: if you take it down in a timely manner upon receipt of a complaint, you cannot be held liable. The hosting provider is allowed to make its own determination about the validity of the claim, and in fact most do.