SHODAN · 2017-08-08 02:24
Anyone know a good way to get to speak with a lawyer who specializes in tech law? Wondering about the legal implications of hosting your own https://searx.me instance since the Files tab has Magnet links
Mitnick · 2017-08-08 03:10
>>4777
Look for one in your country/state. Google is your friend (or searx.me in your case)
This is not legal advice. Consult your lawyer before doing anything:
Speaking from a USA standpoint, you're probably fine. searx aggregates from other search engines, so it's not like you're producing content. Additionally, search engines linking to copyrighted material is fair use. There's a landmark case regarding Google where a company alleged that the image thumbnails previewing images for image search infringed on their copyright, but it was found to be fair use.
I believe there is a similar case regarding google directly hosting thumbnails of child abuse image that their crawler finds, but that's legal as long as they remove it when it's pointed out to them and they don't take any steps to avoid finding out about it. This is because of the good samaritan provision in the communications decency act: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." In layman's terms, if you're not publishing illegal material yourself, you're fine. (It's a little more complex - if you're obviously catering to criminals, that's illegal as well, but the details of that are irrelevant to your case). It's titled "good samaritan provision" because even though service providers aren't required to be proactive about that stuff, the law would really appreciate it if they were.
Note that "publishing" does not mean "hosting." That is, just because you're hosting something, doesn't mean you're the publisher. If that was the case, all forums would be legal minefields. There was a landmark case for the good samaritan provision, whose name also escapes me, in which a man was the subject of harassment and libel that someone put on AOL or some soykaf that lead to that guy getting assaulted and death threats from people who thought the libel was true. The guy tried to sue AOL (or whichever service the harasser had used), but the law was like "lol nope" because AOL didn't produce the content, even though they hosted it.
I wish I could name the cases, but it's been quite a while since my tech law class, and I'm not a lawyer. I just took the class while getting my computer science degree.
H.R. Giger · 2017-08-09 03:51
>>4778
interesting