Copyright Concerns

I recently started backing up some of my locally stored media files to directories that I would be able to access online. My main goal was to get certain media that I would like to access in multiple locations on a web server so that I could access it away from home. (I would use something like ORB, but I don't have enough bandwidth at home)

I got an e-mail from Dreamhost citing "copyright concerns" and mentioning some large files that I'd uploaded.

Some of these files are copyrighted, however since I'm not breaking any laws by having these files on my personal computer at home, I was hoping that I could store some of them in some web space which is not publicly accessible. (The directory which houses these files is password-protected) These files are not being distributed to anyone, the only reason I'm putting them on my server is so I can access them when I'm away from home.

Errr.. and you're posting here because..?
(Sorry, but it wasn't obvious in your message)

Clearly this is an issue you and support need to work out. I really don't think there is anything anyone here can do for you, unless you're asking for advice from people with similar experiences?

I personally store some copyrighted material in my webspace, but it's strictly for use either for myself or my sisters - and we *do* own rights to such material in their original format (CD/DVD, etc). Though I store less than 5gigs of such material, so it could be the quantity in which you're storing that's the main concern. I'm not sure, and again it would be something you and support need to work out.

In reply to:
Some of these files are copyrighted, however since I'm not breaking any laws by having these files on my personal computer at home, I was hoping that I could store some of them in some web space which is not publicly accessible.

Unless you have the express permission of the copyright holder, by copying them to a web server (private or otherwise) you are essentially in breach of copyright. The law is pretty clear in this respect.

I don't think the legality is as clear as you seem to believe. What if my personal computer is a web server....is it then a breach of copyright to have copyrighted material on that machine?

It depends on the license for said material honestly.
Some allows you to keep a copy for personal use (ie. backup purposes), some allows you to have and use an additional copy of the material on an alternative medium (like owning a cd, and ripping it to mp3 format for your mp3 player), and some doesn't allow you to so much as sneeze on it without incurring the wrath of the Hollywood "gods".

Also, if it's hosted on a public server like DreamHost I'd say even if you ARE in fact hosting it privately, copyright concerns could certainly be seen as an issue to the hosting facility (DH in this case), considering they would more than likely be the first to be contacted over any such issues IF the content were somehow to find its way out into the public. Which is, as I said before, best for you to discuss it with support and convince them that you're using it purely for personal use and have no intentions of distributing said content. If they don't go for it, then there's really nothing further you can do. Also keep in mind, that despite the fact you aren't hosting the content publicly via the webserver, others on your same server can still access your home directory and its contents... assuming you've made the files/directories world executable/readable.

In reply to:
What if my personal computer is a web server....is it then a breach of copyright to have copyrighted material on that machine?

As soon as you make the file publically-accessible, you are technically in breach of copyright law; however, that argument is moot because if your personal computer is a web server there is no reason to be asking your original question in the first place, is there?

The problem is really distribution, not copying. Back ups are a textbook example of fair use, and as long as you aren't offering those backups for download you can't reasonably be accused of distribution.

You'll be in a better position if you put them in your DH account home directory outside of any web site directory. Having them on a web site, even if it's password protected, could be seen as an attempt to distribute. If they're not web accessible at all, this argument can't be made. You will still be able to access them via FTP/SFTP if you need to.

Not that I'm a lawyer or anything.

But the important question here is not legality. What exactly did the DH letter say? Their TOS trumps copyright law in that if they don't want the files on their server, crying "fair use" won't stop them cancelling your account. I suspect this is the case, as they can't know your intentions and likely have better things to do that respond to take-down notices should you decide to get into the distribution business.

In reply to:
Their TOS trumps copyright law in that if they don't want the files on their server, crying "fair use" won't stop them cancelling your account...they can't know your intentions and likely have better things to do that respond to take-down notices should you decide to get into the distribution business.

Very well said, as was the rest of your post. This is a good pont, as was your observation that storing files outside a web-accessible directory, irrespective of password protections in place, *may* place the storage in a different light..or not.

The bottom line is, to me, "It's DH's house; they make the rules."

--rlparker

Wow. I'm having a deja-vu; I think this whole "what files am I allowed to publish on DH" topic was covered some while ago in a necro-sadistic-equine sorta way.
No sense in whinnying about it.

In reply to:
...covered some while ago in a necro-sadistic-equine sorta way

HA! ha ha! Very nice! And I suppose continually discussing it is kind of a culinary-grain-necro-equine type of an excercise. wink

--rlparker

In reply to:
What if my personal computer is a web server....is it then a breach of copyright to have copyrighted material on that machine?

TOS & laws aside, it's not always what you do, but how you do it.

While putting files on your personal computer is okay, you might expect some trouble if it's in your shared Limewire directory. ;-)

I'd guess DH probably looks at that as well. If you put them where anyone can download them, it's just a matter of time before it happens. If you put them outside of the web directory, I'd *guess* that they'd probably leave you alone... unless they see the same file getting DL'd from 20 different IPs in a day. Then, it would be kind of hard to talk your way out of, since those people would have needed a location and FTP access from you.

Sometimes, not going out of your way to deny access to something can look pretty similar to freely distributing it.

The question for support would probably be: "What is the proper way for me to store these backup files?"