How do web servers handle copyright infringement by clients?
Once on a blue moon, we receive a Notice from various government or private authorities about the alleged infringement of copyright and other intellectual property that may be intentionally or mistakenly hosted on our servers or network. A web host plays a very limited but extremely important role in upholding intellectual property rights and maintaining a balance with freedom of expression. This article is about the role of a web host in dealing with a copyright infringement complaint and what remedy you can look for to resolve the problem.
Send a notice to the offender
The first step a hosting provider usually takes is to contact the customer against whom the complaint has been received and ask them to send a response on why their account should not be limited or suspended for hosting infringing content. Depending on the client’s response, the host can forward the response or request more information. Service providers must protect themselves from being caught in the crossfire or between violators and authorities.
Account suspension
When there is a serious threat of fraud or significant financial loss, a service provider may suspend the account or stop all services, pending investigation or response from the customer. This is to mitigate the risk of the consequences that potential infringing content may have on your business or the world at large. Incidents where copyright infringement results in spoofing or spoofing scams, or deception or spoofing, the hosting company has a great responsibility to ensure that the account is immediately terminated. Account suspension means that the account becomes inaccessible and is in a frozen state, but the files continue to reside on the hosting server. This can be useful for future investigations or surveys on any crime or violation.
Account cancellation or data deletion
If the web host considers the data to be an immediate or uncontrollable threat, the content may be removed or permanently removed from the hosting account. The hosting account will be canceled and all files will be completely deleted, so there is no chance of further damage. In case of such action, most web servers will refuse to provide a refund for the unused service period and the customer will have to lose the amount. The terms of the company are usually quite clear about these cases and the actions that the web host will take in the event of a TOS violation.
Provide forensic information and records
In addition to taking direct action against an infringer, a hosting provider can also provide valuable evidence and data to investigating authorities. This can be particularly useful in matters related to fraud or crime.
Web hosts cannot be judges
Although a service provider can take many proactive steps and prevent infringing information from traveling further, web servers cannot assume the role of judge and act against a customer without due justification. While there are no laws or precedents for web servers to deal with these matters, there is no question that they may have to use their discretion and may also have to take legal opinions before taking drastic action. As an intermediary, service providers are protected by conduit laws to insulate them from litigation in the event of cybercrime or devious acts of their clients.