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Uploading Files - Legal Issues

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sogetiman View Drop Down
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    Posted: 18 June 2004 at 11:02am

I'd like user to be able to upload and share files with each other. My fear is that one person will load a Word doc with a virus and someone else will download it.

 

Am I responsible for the virus? Is there any standard disclaimer to protect me? I know anyone can sue over anything in the United States, but I'm just wondering if there is a way to at least cover myself somewhat.

Thanks!

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Semikolon View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Semikolon Quote  Post ReplyReply Direct Link To This Post Posted: 18 June 2004 at 11:12am
the server will probably have antivirus installed, which probably will kill the virus, but you can place a message users have to agree on before downloading, saying you are NOT RESPONSIBLE for content AT ALL and that everything should be ran through a Virus scanner before they run it.. then no one can do you anything if their harddrive and BIOS are formatted by a Virus from your site
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpyers Quote  Post ReplyReply Direct Link To This Post Posted: 18 June 2004 at 2:20pm

Most shared host AV programs only run against email. Don't know of anyone who automatically checks uploads - be long and slow to load a site that way.

The disclaimer only works if you have taken reasonable measures to ensure that no virus is being spread - e.g. If some one emails you/posts in your forum that a particular file has a virus and you do not remove it immediately or sooner, you could be found liable.

Moral of the story, is to turn off uploads when you go on vacation  .
Friend of mine works for a large shareware disribution site. They indicate on their doenload pages which files have been virus scanned by them and which haven't.


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michael View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote michael Quote  Post ReplyReply Direct Link To This Post Posted: 18 June 2004 at 5:06pm
Well if you take big upload sites for example, like gotdotnet.com Microsoft has a disclaimer, that files are not scanned for viruses or checked for content and they will not be held responsible so I am sure that something like that would stand up, otherwise I doubt they'd be doing it.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpyers Quote  Post ReplyReply Direct Link To This Post Posted: 18 June 2004 at 10:47pm

Didn't mean to imply that a disclaimer wasn't good, you just also have to respond to reports of virus's in your downloadable files. The big sites have people available 365 days a year to do that. For sites run by only one person, sh*t happens and sometimes you can't get to check things out for a few days.


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pmormr View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pmormr Quote  Post ReplyReply Direct Link To This Post Posted: 21 June 2004 at 11:15pm
definitely use a disclaimer and make sure people have a forced chance to read it before you let them upload... just so you don't get a finger pointed at u
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