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by vibrunazo 5133 days ago
I'm building an app that will have a lot of user generated content. How much should I worry about implementing something similar to this on our system before going on air? This sounds extremely cumbersome and expensive to operate. I don't think we could afford this initially.

Should we only bother with it after it becomes a problem (hopefully by then we'll have enough revenue to afford this)? Or is it too risky to launch without such system and get brought down ourselves?

4 comments

Megaupload is a good cautionary tale. IP 'holders' have enough power to do bad things if they can cast you as a bad actor, so far better to have some kind of take down support that works for the country you operate in.

Manual processing of requests is probably fine for many launching apps (unless there is the possibility of automated content creation on the part of your users), which also lets you be really careful with complying with applicable laws while (crucially) maintaining the rights of your users.

But, yes, if you're in the US and want to maintain safe harbor protections, you will have to handle any takedown requests you receive.

If you're launching a site (or ISP), you will need to register a designated DMCA agent with the US copyright office. You'll then be listed here: http://www.copyright.gov/onlinesp/list/a_agents.html The fee is $35 and there is a form you'll fill out on copyright.gov. They don't allow PO Boxes, you will need an address that is available for service of process.

If you don't register an agent, you are not protected by the DMCA safe harbor provisions.

Once you've got a registered agent, you'll need to internally create a DMCA notification procedure that you'll follow once you receive them. The system is very simple and extremely fair to ISPs/sites. Talk to a lawyer, but most don't know the DMCA well and you can find this stuff out on your own generally.

It's too risky to not launch before doing this.

It's far more likely that no one will even notice your site, rather than spammers start piling on. Implement basic logging & monitoring and you'll be fine. It may suck when/if it comes, but scaling & abuse defense is usually a good problem to have. Worst case, you've got a completely idle server!

That's something you should get proper legal advice about. I'm in the same boat, actually, and plan to talk to someone once my friend gives me a referral.