Ask HN: Is it ok to store illegal content on the cloud for private use?

7 points·pickthree··3 comments

I have a plan to build a service that allow people to store/upload their song/recorded sound on cloud, so they can play it anywhere. This service is intended for private use, so there is no sharing feature on it. But I'm concerned that someone will upload illegal/pirated content to the app. Will I get sued by record labels/music company for my app in the future?

*sorry for bad english

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First of all, you need to distinguish between content that is illegal and that which infringes copyright. Child pornography is illegal, copyright infringement depends on legal jurisdiction. There is no such thing as pirated media, that is specious nonsense made up by the marketing department of some media association.

In some jurisdictions, it is permissible under copyright law to make a backup of media that you own, and in others it is not. If you were to host the service in the latter jurisdiction, you may have an issue, if the former, probably not.

If you were to encrypt the files when storing them, and decrypt only when a user has been authenticated, that would be a strong argument against claims of copyright infringement, but adds a technical hurdle to your application.

At any rate, IANAL, so seek professional advice if your finances permit.

Thanks!

IANAL either, but I'm guessing you'll get sued, whether or not you abide by the law, if you become very popular.

You might win the case, sure--but expect to be in court someday.

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