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Author Topic: Movies Link Sharing  (Read 4437 times)

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Offline Rahul145

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Movies Link Sharing
« on: January 13, 2014, 05:13:16 PM »
Hi,

There are plenty of websites on the nets which share the links of video sharing site to watch movies online... very common example is index4fun.com, desirulez.net  The site does not host movies and shares only links.  Also, the server is offshore as far i know.  The offshore servers allow warez linking, uploading nulled script which is legal according to Dutch Law in Netherland.

But my questions is, if the person is resident of India and running this kind of site on a offshore host.... can he be get sued for providing links to copyrighted movies which has been released in india as well as in America... Can a legal action be taken for this activity just for link sharing?

Offline advcaroltripathi

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Re: Movies Link Sharing
« Reply #1 on: January 13, 2014, 07:29:10 PM »
Linking to any page or video cannot create any legal liability on a websites which links, especially if it is explicitly mentioned in the website from whom you are linking does not permit linking.

else from any other third party, they will have no cause of action against you
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Offline Rahul145

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Re: Movies Link Sharing
« Reply #2 on: January 14, 2014, 01:29:59 AM »
Hi,

There have recent cases against websites like piratesbay.org, surfthecahnel.net, quicksilverscreen... these are the website which were doing only linking, not hosting.  All of these website owners got jail.

http://www.webtvwire.com/linking-to-infringing-content-is-probably-illegal-in-the-us/

http://www.theguardian.com/technology/2012/aug/14/anton-vickerman-surfthechannel-sentenced

I am interested in opening same kind of website only for linking, not for hosting.  Just need full information, because few of lawyers said it is illegal and few said it is legal... so I am confused.

Offline Rahul145

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Re: Movies Link Sharing
« Reply #3 on: January 14, 2014, 02:28:55 AM »
I have done a little search and got this article.

http://copyright.lawmatters.in/2011/01/hyperlinks-and-copyright-infringement.html

Legal Issues

There have been several legal issues which have arisen in relation to hyperlinking. These issues are primarily in relation to copyright law. Although, from a practical point of view, it would probably not make sense to attempt to sue anyone for hyperlinking to one’s website, technically, hyperlinking could, in some jurisdictions, be considered to be copyright infringement especially if the target is copyrighted material which the person creating the link does not own since, in creating the link, he is effectively making available copyrighted content which he does not own.

In addition to this, if the target document which is linked to contains material which is itself infringing material, such hyperlinking could give rise to legal liability.

There seems to be little global consensus on the issue though, and different types of links are treated differently. The primary justification which is used to argue that hyperlinking is legal is the doctrine of fair use. In addition to this, it is also sometimes argued that a person who makes available material online grants an implied license to two others to link to the material he has made available. This implied license is, however, considered to be very closely related to contract law and the doctrine of estoppel which is not always entirely in consonance with theories of copyright.

Offline Rahul145

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Re: Movies Link Sharing
« Reply #4 on: January 15, 2014, 09:42:50 AM »
Any suggestion?

Offline advamrita

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Re: Movies Link Sharing
« Reply #5 on: March 27, 2014, 07:08:13 PM »
Material which is not password protected and which is free can be hyperlinked with or without consent. this is because the creator of the said content has himself made it available for public use.


Offline chrysanthy

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Re: Movies Link Sharing
« Reply #6 on: April 15, 2014, 11:00:36 PM »
Wow, Thanks

Offline Rahul145

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Re: Movies Link Sharing
« Reply #7 on: May 28, 2014, 10:00:28 AM »
Material which is not password protected and which is free can be hyperlinked with or without consent. this is because the creator of the said content has himself made it available for public use.

But movies are available on internet without the consent of original creator and they are being uploaded to the third party video sharing site.  I just want to link to that video sharing site.  I dont want to host any illegal content on my website.  Just a linking, which is allowed by the video sharing site.

Is there any legal trouble for me or a possibility that those movie companies sue me just for linking instead of having issues with those video sharing sites?

Offline advuma

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Re: Movies Link Sharing
« Reply #8 on: May 28, 2014, 08:12:14 PM »
Linking does not violate any copyright laws. As the source is not hosted in your server
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

Offline Rahul145

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Re: Movies Link Sharing
« Reply #9 on: May 28, 2014, 08:39:44 PM »
Linking does not violate any copyright laws. As the source is not hosted in your server

Just curious to know, are you Cyber Law expert?  You mean according to Indian Cyber Law or Internet Law linking to third party copyrighted material ike movies  is not illegal.  It is only illegal if I host that material on my web server.  Am I right?

Offline advuma

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Re: Movies Link Sharing
« Reply #10 on: May 28, 2014, 11:14:37 PM »
By linking to a certain page you are in no may copying the original work, than where does the question of copyright infringement. Come here
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

Offline Rahul145

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Re: Movies Link Sharing
« Reply #11 on: May 28, 2014, 11:20:06 PM »
By linking to a certain page you are in no may copying the original work, than where does the question of copyright infringement. Come here

 :)  But according to Cyber Law distribution of Copyrighted material is also illegal and linking is the only way you can distribute and spread that material all over the internet.

Offline Rahul145

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Re: Movies Link Sharing
« Reply #12 on: May 30, 2014, 10:07:39 PM »
 :) No more replies?  It seems I was right from the beginning that linking is also illegal.

Thanks each and everyone! Case dismissed.

Offline Philip1234

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Re: Movies Link Sharing
« Reply #13 on: July 23, 2014, 09:54:26 PM »
There have recent cases against websites like piratesbay.org, surfthecahnel.net, quicksilverscreen... these are the website which were doing only linking, not hosting.  All of these website owners got jail.

hii,
As you himself told in your previous comment above that only linking also caused some problem so be careful in doing that and i think you should go through the copyright laws of different website before doing anything.

Offline advuma

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Re: Movies Link Sharing
« Reply #14 on: July 23, 2014, 11:30:17 PM »
Linking to another website does bot amount to copyright  violation
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

 

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