Offshore Hosting / DMCA / Copyright question

unity006 · Jan 31, 2020

Hi,

I have an idea to make a blog type website and monetize it with Google Adsense or Affiliate Programs.

My main concern is that to make the website look good and content to be interesting for the visitors, I will need a lot of copyrighted photos. Specifically I plan to be posting a lot of product photos and images from catwalks / fashion shows. I will write all my own text to make interesting content for the blog.

I want to avoid any legal issues over copyright and DMCA.

I do understand that there are many Hosting Options in India and Russia that will ignore DMCA and not remove my website, even if it is requested. I can pay such hosting company with BITCOIN to remain anonymous.

However is it correct to assume that my Identity can still be revealed to the copyright enforcement body via my affiliate links or ads placement?

e.g. If I use Amazon Affiliate links. They can contact Amazon who will then give them my real identity?

I would appreciate advice and opinions on this matter from those who had the experience.

industryplant · Jan 31, 2020

unless your operation caused millions in damages you have nothing to worry about. however if it does cause such damages Amazon would be first to throw you under the bus if the FEDS decide to ask them for information.

Starblazer · Jan 31, 2020

Offshore and Adsense is a bad combination. If your site needs offshore hosting, you shouldn't even consider adsense. When they findout copyright content, they'll permanently ban you. I guess same is the case with Amazon too.

dichotom · Jan 31, 2020

I agree if feds/cops tried to reach your ad network or affiliate network they will give your info.

Astapor · Jan 31, 2020

Since cyberbunker was busted, I don't think there's really a safe harbor.

unity006 · Jan 31, 2020

Pavan Teja 1 said:
Offshore and Adsense is a bad combination. If your site needs offshore hosting, you shouldn't even consider adsense. When they findout copyright content, they'll permanently ban you. I guess same is the case with Amazon too.

Maybe I am overthinking this. However I do really want to run this as a long term side project and dedicate 5-6 hours per week to it.

The other format I was thinking about is to not do a blog format but instead do a FORUM format for this content which may even work out better.

Apparently if running a forum. Users can post copyrighted photos while the forum owner is not responsible for their actions. All that the forum owner has to do is register as a DMCA agent via this https://dmca.copyright.gov/osp/ and have a page on the forum about how the copyright owner can raise a formal complaint to have the content taken down. Obviously you have to monitor the emails and if anyone asks for stuff to be taken down you then have to remove it. However they cannot sue you for hosting it since it was a forum user who uploaded it.

For example one huge forum that has TONS of copyrighted content but runs very well is https://www.bellazon.com/

I did my research and found this:
https://cdn.loc.gov/copyright/onlinesp/agents/b/bellazon.pdf

So in theory I can create a forum and do my content in the form of users posting stuff on a forum. For this I can just create many accounts on my forum and make it look like its just random users posting all this stuff.

This way I can avoid the whole offshore hosting etc and run my idea legally?

dichotom · Jan 31, 2020

unity006 said:
Maybe I am overthinking this. However I do really want to run this as a long term side project and dedicate 5-6 hours per week to it.

The other format I was thinking about is to not do a blog format but instead do a FORUM format for this content which may even work out better.

Apparently if running a forum. Users can post copyrighted photos while the forum owner is not responsible for their actions. All that the forum owner has to do is register as a DMCA agent via this https://dmca.copyright.gov/osp/ and have a page on the forum about how the copyright owner can raise a formal complaint to have the content taken down. Obviously you have to monitor the emails and if anyone asks for stuff to be taken down you then have to remove it. However they cannot sue you for hosting it since it was a forum user who uploaded it.

For example one huge forum that has TONS of copyrighted content but runs very well is https://www.bellazon.com/

I did my research and found this:
https://cdn.loc.gov/copyright/onlinesp/agents/b/bellazon.pdf

So in theory I can create a forum and do my content in the form of users posting stuff on a forum. For this I can just create many accounts on my forum and make it look like its just random users posting all this stuff.

This way I can avoid the whole offshore hosting etc and run my idea legally?

I think yes it will be a ugc user generated content site and the owner is not to be held liable for user posted content. I think you should be fine. You just need to remove content in case of complaint. That's it

Correct me if I am wrong.

Starblazer · Feb 1, 2020

unity006 said:
Maybe I am overthinking this. However I do really want to run this as a long term side project and dedicate 5-6 hours per week to it.

The other format I was thinking about is to not do a blog format but instead do a FORUM format for this content which may even work out better.

Apparently if running a forum. Users can post copyrighted photos while the forum owner is not responsible for their actions. All that the forum owner has to do is register as a DMCA agent via this https://dmca.copyright.gov/osp/ and have a page on the forum about how the copyright owner can raise a formal complaint to have the content taken down. Obviously you have to monitor the emails and if anyone asks for stuff to be taken down you then have to remove it. However they cannot sue you for hosting it since it was a forum user who uploaded it.

For example one huge forum that has TONS of copyrighted content but runs very well is https://www.bellazon.com/

I did my research and found this:
https://cdn.loc.gov/copyright/onlinesp/agents/b/bellazon.pdf

So in theory I can create a forum and do my content in the form of users posting stuff on a forum. For this I can just create many accounts on my forum and make it look like its just random users posting all this stuff.

This way I can avoid the whole offshore hosting etc and run my idea legally?

This will work. I've seen several nulled forums using adsense ads. You probably need disclaimer in the footer.

Offshore Hosting / DMCA / Copyright question

unity006

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industryplant

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Starblazer

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dichotom

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Astapor

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unity006

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dichotom

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