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TMC staff looking for some legal advice/help to protect website

Discussion in 'Site Feedback' started by danny, Jul 3, 2019.

  1. danny

    danny Administrator

    Joined:
    Aug 15, 2006
    Messages:
    1,140
    Location:
    California
    We are dealing with a legal issue having to do with copyright. We would greatly appreciate some help/advice from anyone here who is a lawyer and/or has knowledge about this kind of legal matter. If you are interested in helping, please reach out to me directly via conversation/private-message, or just let me know by replying in this thread.

    Thank you all for your support.
     
    • Informative x 1
  2. neroden

    neroden Model S Owner and Frustrated Tesla Fan

    Joined:
    Apr 25, 2011
    Messages:
    14,541
    Location:
    Ithaca, NY, USA
    I suppose you know
    -- the CDA section 230 safe harbor provision, under which you are not responsible for copyright infringements by people who post in an open forum
    -- the legal nature of an open forum, which is basically that you don't moderate based on opinion (only for topic, tone, or spam)
    -- the fair use provisions of copyright doctrine (Wikipedia has an excellent summary)
    -- the rule that if you get a DMCA notice, you are required to notify the person who actually posted the material, take down the material, and wait for their response
    -- the "counter notice" provisions of the DMCA which you should use if you get a bogus DMCA notice, stating that the notice is invalid and specifying why the material was not infringing (whether this is due to fair use, DMCA-notice-submitter not owning the copyright, etc.)
    -- the international law rules which mean that you are usually only subject to copyright lawsuits in your jurisdiction of publication (where your servers are)

    This is about the limits of my knowledge (I've never needed more).

    And of course I'm assuming you know the difference between copyright, trademarks, and secrets.

    If your situation is more complicated than that, you really need to hire a specialist lawyer.
     
    • Informative x 1

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