Legal protection of the owner of the file-sharing resource. Are Terms of Service Enough?

Question

Copyright

Good day!

When implementing a file-sharing resource, it is recommended that you protect yourself as the owner with a TOS agreement that users of the resource agree to. The classic “everything is impossible” is written there.
Also on the server, logging of creating and downloading files is organized.

Dear experts, please tell me, if these points are correctly followed, can you consider yourself protected from the claims of file copyright holders?

Thank you for your well thought out and qualified answers.

Answer 1

I'm a drug dealer, you can't sell drugs. You are a courier, I give you a package of 3 kg with heroin (you don't know what's in it). The police (police?) take you and look at what you are translating. Question: Are you guilty of transporting 3 kg of heroin? And now the main question: Will the police (police?) let you go? If necessary, they will always find a clue.

Answer 2

You can't consider yourself protected. Tomorrow, child porn will be uploaded to your servers and the servers will be taken out without any trial. Recall the situation with iFolder. There the situation was resolved only with the help of an administrative resource.

Answer 3

It is never possible to consider yourself protected from claims at all, a claim can be filed at any time. Another thing is whether this claim has a judicial perspective. The minimum that needs to be added to the “cunning” TOS is to give copyright holders the opportunity to contact you on the site (at least soap like [email protected] in contacts) and really promptly respond to their complaints, that is, try to sort out claims out of court. For example, if the complaint contains enough information to see that copyright may indeed be violated, then, IMHO, you should block the disputed file from public access, contact the user who posted it, ask him to provide evidence within a reasonable time that he posted him legally or to contact the complainant himself, inform the complainant of these actions or state that you do not see signs of a violation of the law. It is desirable that there is evidence that you have taken these steps, at least in the form of a saved sent letter and logs that the file is blocked or deleted. If the hosting does not require registration, then, alas, you will have to delete or block on the basis of a complaint, although it may be posted legally. But I would not block files based on complaints that say something like “You have an Avatar movie posted, we demand to delete it” without specifying specific urls or id, as well as anonymous ones. will have to be deleted or blocked on a complaint, although it is possible that it was posted legally. But I would not block files based on complaints that say something like “You have an Avatar movie posted, we demand to delete it” without specifying specific urls or id, as well as anonymous ones. will have to be deleted or blocked on a complaint, although it is possible that it was posted legally. But I would not block files based on complaints that say something like “You have an Avatar movie posted, we demand to delete it” without specifying specific urls or id, as well as anonymous ones.
If the complaint does not go to you, but, for example, immediately to the prosecutor's office or the court, then you will need to show that you were ready to cooperate (for example, give examples of how they worked on other complaints, you can show a page where it is written where to send complaints, etc.). etc.), but you have not been contacted.
It should also be borne in mind that cases under cc. 2 and 3 Art. 146 of the Criminal Code of the Russian Federation are cases of public prosecution (Article 20 of the Code of Criminal Procedure of the Russian Federation) and any person, and not just the copyright holder, can file a claim.