legal issue

[madeleine]

I came inhere because I am worried and I have no idea where to ask for help.

My friend was an admin of a forum,when he left there he "took" the backup of the database with him and uploaded it online.I downloaded it and uploaded it again for someone else.Now I am threatened that this was an illegal thing to do.

How is it?I don't know much about these things.Thank you for helping.

[rjs735]

I am not a lawyer but ther are some on this forum.

Let's start with your friend he may not have any legal rights to the database even if he was the admin. The database belongs to the owner of the forum. Really the only way to know is to review the EULA for the forum that the data came from that users agree to. Your friend is the one they should be after.

With regard to you even if you unknowingly uploaded it you also could be held lible for a lesser offense. It is your responsibility to verify the source of the data as well as the legality. You in fact by uploading helped him in his actions. You acted as his Accomplice.

All of these have to be proven of course. There maybe some rattling of some sabers but there may not be any repurcussions.

To be safe you need to consult an attorney who specializes in Internet crimes and law.

Just my 02.

[ctal]

Originally Posted by madeleine

I came inhere because I am worried and I have no idea where to ask for help.

My friend was an admin of a forum,when he left there he "took" the backup of the database with him and uploaded it online.I downloaded it and uploaded it again for someone else.Now I am threatened that this was an illegal thing to do.

How is it?I don't know much about these things.Thank you for helping.

Your post isn't clear. Who owned the original forum and its database -- you, him, the "someone else" for whom you uploaded it, or someone else altogether? Where did he upload it to -- a different forum or the original forum? Where did you upload it to -- a different forum or the original forum?

Regards,
-- Al

[madeleine]

He wasn't the owner of that forum only a co-admin.He "took" the database with him because he said he owns some changes he made to it.

He uploaded it on a upload/share site(not a forum),that/s where I downloaded it from.

I uploaded it to such a site as well for someone not involved.

[madeleine]

Originally Posted by rjs735

I am not a lawyer but ther are some on this forum.

Let's start with your friend he may not have any legal rights to the database even if he was the admin. The database belongs to the owner of the forum. Really the only way to know is to review the EULA for the forum that the data came from that users agree to. Your friend is the one they should be after.

With regard to you even if you unknowingly uploaded it you also could be held lible for a lesser offense. It is your responsibility to verify the source of the data as well as the legality. You in fact by uploading helped him in his actions. You acted as his Accomplice.

All of these have to be proven of course. There maybe some rattling of some sabers but there may not be any repurcussions.

To be safe you need to consult an attorney who specializes in Internet crimes and law.

Just my 02.

Am really embarrassed here,by EULA you mean the TOS?

[madeleine]

Originally Posted by madeleine

He wasn't the owner of that forum only a co-admin.He "took" the database with him because he said he owns some changes he made to it.

He uploaded it on a upload/share site(not a forum),that/s where I downloaded it from.

I uploaded it to such a site as well for someone not involved.

edited to add,not tha database but the backup of it

[ctal]

Originally Posted by madeleine

He wasn't the owner of that forum only a co-admin.He "took" the database with him because he said he owns some changes he made to it.

He uploaded it on a upload/share site(not a forum),that/s where I downloaded it from.

I uploaded it to such a site as well for someone not involved.

First, I doubt that his claim that he "owns" some of the changes he made to it is valid. If he wasn't the owner of the forum he presumably made the changes as an employee or as a contractor; the owner of a business normally has complete rights to the work product of his employees and contractors.

Similarly, it sounds like neither he nor you had the right to upload/share the database. It belongs to the owner of the original site. And I would think that it is only the original owner that has any possible legal recourse against you, if he chooses to pursue it. Based on your description, the former administrator would have no legal recourse against you because he did not own what you allegedly copied from him.

Regards,
-- Al

[madeleine]

Originally Posted by ctal

First, I doubt that his claim that he "owns" some of the changes he made to it is valid. If he wasn't the owner of the forum he presumably made the changes as an employee or as a contractor; the owner of a business normally has complete rights to the work product of his employees and contractors.

Similarly, it sounds like neither he nor you had the right to upload/share the database. It belongs to the owner of the original site. And I would think that it is only the original owner that has any possible legal recourse against you, if he chooses to pursue it. Based on your description, the former administrator would have no legal recourse against you because he did not own what you allegedly copied from him.

Regards,
-- Al

Yes but what legal recourse exactly,that was a discussion forum,they had some fights and now I have to pay for it?Yes maybe I was stupid for uploading it but we are talking about a forum like 1.000.000 others online.He wasn't an employee,that forum ain't a business....

btw Thank you a lot,I really wanna clear my head.

[ctal]

The grounds for possible legal recourse would be based on taking of intellectual property (the database) from the rightful owner. Even if there were no formal business arrangement, a court would try to construct from the particular circumstances an implication of who was the owner (or owners). That person (or persons, if there was more than one owner), and only that person(s), would have the right to sue for damages from anyone else who took their intellectual property. They would also have to show that there were in fact damages, such as lost business income, before they would be awarded any compensation.

What I think works in your favor are three things:

-- The person suing would have to pay a lawyer, which would involve him spending a lot of money that might very well not be worthwhile.

-- The person suing would have to be able to show that he suffered some amount of harm, particularly lost income.

-- As I said, only someone who could legally establish ownership of the database would be entitled to sue.

Hope that helps,
-- Al

[madeleine]

Originally Posted by ctal

The grounds for possible legal recourse would be based on taking of intellectual property (the database) from the rightful owner. Even if there were no formal business arrangement, a court would try to construct from the particular circumstances an implication of who was the owner (or owners). That person (or persons, if there was more than one owner), and only that person(s), would have the right to sue for damages from anyone else who took their intellectual property. They would also have to show that there were in fact damages, such as lost business income, before they would be awarded any compensation.

What I think works in your favor are three things:

-- The person suing would have to pay a lawyer, which would involve him spending a lot of money that might very well not be worthwhile.

-- The person suing would have to be able to show that he suffered some amount of harm, particularly lost income.

-- As I said, only someone who could legally establish ownership of the database would be entitled to sue.

Hope that helps,
-- Al

Yes it did help, I was getting paranoid.

Thanks so much Al!

[ctal]

You're welcome!

A further thought, though. My comments related to the possibility of lawsuits between the people who were involved in running the forum. But the other thing I wonder is if the database that was uploaded contained any personal information of the people from the general public who were users of the forum.

For instance, were the real last names and/or the home addresses of the users required for registration at the forum, and if so was that information included in the database that was uploaded? Hopefully not, but if so then the users could potentially take legal action against the owner of the forum, and anyone who participated in the uploading.

If the only personally identifiable information that was in the database was email addresses (which is how many forums operate), then in theory that could still cause a problem but my guess would be that as a practical matter it would not, at least if the upload is promptly taken down.

Regards,
-- Al

[madeleine]

Originally Posted by ctal

You're welcome!

A further thought, though. My comments related to the possibility of lawsuits between the people who were involved in running the forum. But the other thing I wonder is if the database that was uploaded contained any personal information of the people from the general public who were users of the forum.

For instance, were the real last names and/or the home addresses of the users required for registration at the forum, and if so was that information included in the database that was uploaded? Hopefully not, but if so then the users could potentially take legal action against the owner of the forum, and anyone who participated in the uploading.

If the only personally identifiable information that was in the database was email addresses (which is how many forums operate), then in theory that could still cause a problem but my guess would be that as a practical matter it would not, at least if the upload is promptly taken down.

Regards,
-- Al

Hi Al,
Only e-mail address.
And yes,the upload link was taken down.