Looking for some legal advice

[Orsenfelt]

Hi everyone. I'm looking for legal advice & opinion on something that I am fairly sure has no precedent.

I have recently started an OpenSource Software project. Without going into too much detail basically what it does is creates a very large single storage network out of tiny fragments of storage space donated by users on their home computers. This storage is then utilized as one to host images. All image locations/movements and decisions are made automatically by our server. There is no human touch who decides where these images go.

What it boils down to is this : Users will be storing images on their computers that are downloaded automatically. The folder will be encrypted, so there is no way of knowing what is in the folder, let alone what the images are of.

Here is my question : Where does the user stand if someone uploads an illegal image to the network. It's a horrible thought, however it is an open service and we have to face the reality that people will try and abuse it. Essentially that illegal image will be stored on users computers across the world.

However, they didn't ask for that image and they couldn't possibly know that specific image is on their computer. Where does the user stand legally in this situation?

So any advice is much appreciated.

[The Occultist]

My guess is those running these servers (i.e. you) would be held liable. You may wish to read up on DMCA, especially the bit on Safe Harbor. You might also wish to actually sit down with an IP attorney.