Terms of Service question

[SilentGem]

Hello,

Just signed up for a Bluehost account.

I was just wondering if there's anything wrong with me uploading ripped music files (.mp3) from my own original CD's to my bluehost FTP account.

As long as I don't post them up on the website for public download I should be ok, right?

Thanks,
SilentGem

[Basil]

If you own the copyright, or if you have permission from the copyright holder, or if it's public domain then you can host it, otherwise it would be illegal.

[redsox9]

You may want to get in touch with BlueHost. MP3 files are going to be scrutinized and if BH doesn't know either way, they will lock and possibly terminate your account. It's happened to more than a few people who come here to complain, but if you review the TOS, you will find language that references this policy.

http://www.bluehost.com/terms_of_service.html

Violations of Intellectual Property Rights
Any violation of any person's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Bluehost.com is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).


Copyright Notice Infringement Information
In accordance with the Digital Millennium Copyright Act, Bluehost.com has adopted a policy that provides for termination of websites hosted by Bluehost.com that are found to infringe on copyrights of third parties...

[SilentGem]

I read the TOS you quoted here.

But am I violating copyrights by storing mp3 files on my own private FTP (unavailable for anyone else to download) that I ripped from my legally purchased CD's?

I was planning on using this as an archive over some of my favourite CD's so when I visit any other location I can just download and listen to the music instead of bringing along and potentially damage the physical CD's.

But I guess I’ll have to contact BlueHost about this before I do anything.

Thanks!

[Early Out]

But am I violating copyrights by storing mp3 files on my own private FTP (unavailable for anyone else to download) that I ripped from my legally purchased CD's?Yes, you are, and BH will shut you down for it.

Even if you could argue that these are solely for your personal use (and under a strict interpretation of the copyright laws, it makes no difference), Bluehost can't monitor half-a-million domains, and keep a list of "these are OK" exceptions. And how can they be sure that you're not letting anyone else download these files?

Legally, they are at risk if they allow anyone, for any reason, to store copyrighted material on their servers.

[Basil]

You can set up an ftp server on your own computer and access it from anywhere though, that is if you don't mind leaving it on.

[SilentGem]

Yes, you are, and BH will shut you down for it.

Even if you could argue that these are solely for your personal use (and under a strict interpretation of the copyright laws, it makes no difference), Bluehost can't monitor half-a-million domains, and keep a list of "these are OK" exceptions. And how can they be sure that you're not letting anyone else download these files?

Legally, they are at risk if they allow anyone, for any reason, to store copyrighted material on their servers.

Hmm, alright. So I would have to do this under the radar and as long as my files are not detected by anyone then there would be no need for concern.

Does Blue Host scan for “illegal” data even though there is no reason to be suspicious of illegal activity?

Meaning, if someone downloaded copyrighted .mp3 files from my website and reported this to Blue Host I would accept the consequence that my account would be terminated. However if Blue Host scanned my files and discovered copyrighted material without there being any incident and then terminated my account I would not be pleased.

What privacy rights apply for files stored on my website (i.e. their servers)?

[Early Out]

You're over-analyzing this. If BH sees a bunch of mp3's on an account, they'll take a quick look to see what's there, and if it appears that there's copyrighted stuff, they'll shut you down. They can't wait for signs of "illegal activity." Simply allowing the material to be stored on their servers subjects them to liability.

Don't do it.

Oh, and since BH is a private company, not a governmental organization, you have no "privacy rights" regarding anything stored on their servers. I'm sure they are prohibited from passing your information along to others, but when it comes to looking at what's being stored on the servers they own, there are no restrictions. I keep some financial info on there, but I encrypt it.

[SilentGem]

You're over-analyzing this. If BH sees a bunch of mp3's on an account, they'll take a quick look to see what's there, and if it appears that there's copyrighted stuff, they'll shut you down. They can't wait for signs of "illegal activity." Simply allowing the material to be stored on their servers subjects them to liability.

Don't do it.

Oh, and since BH is a private company, not a governmental organization, you have no "privacy rights" regarding anything stored on their servers. I'm sure they are prohibited from passing your information along to others, but when it comes to looking at what's being stored on the servers they own, there are no restrictions. I keep some financial info on there, but I encrypt it.

Thanks for the input. You are right, I am over-analyzing it, and I always do, personal flaw or trait.

Also, I’m not really too concerned with what is technically illegal and what isn’t, I’m more concerned with what I can get away with and what I cannot. Of course I have no interest in damaging BH’s business by taking action that can cause them for instance legal problems. I have a mutually beneficial interest in their well being (considering I’m a customer).

You write that “If BG sees a bunch of mp3’s”, now there is the key statement. IF they see, which is why I want to ask if anyone knows if BH actively scans for such files and evaluate content within their customers file structure? Ignorance is bliss. If I have some information about how they or even if they actively scan for file types then I can easily hide my content. Basically do they do this proactively or reactively?

Or I might just encrypt it.

Thank you for your feedback.

[Basil]

Yeah, you can get away with it. Just make sure they don't find out or they'll probably come down on your harder for trying to be sly about it.

Recommending a way to do that would probably be in bad taste so I'll just leave it at that..

It's proactive btw. Of course it's also reactive, but that shouldn't matter.

[Early Out]

...I want to ask if anyone knows if BH actively scans for such files and evaluate content within their customers file structure?
Yes, they certainly do. For their own protection, they sort of have to. They can't wait until the FBI shows up at the door to shut them down for hosting kiddie porn - they need to actively search out anything that could clobber them, and shut it down well before it becomes an issue.

[SilentGem]

Thanks for your replies. This has been useful.

Have a nice day!