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Link to the lawsuit? Thx
@TimboJones ,
https://torrentfreak.com/former-pirate-party-leader-asks-to-be-sued-over-ebook-site-has-wish-granted-190401/
I respect BuyVM for this.
There's an update:
https://torrentfreak.com/court-questions-whether-ebook-pirate-site-operator-can-be-sued-in-texas-190715/
And wow. So many aspects of that are dubious. It even sounds like the judge is giving legal advice, which is a big no-no. And the judge (Gilstrap) is notoriously terrible about patent cases, to the point where plaintiffs (wherever they were) made sure to file their suits in his district so that he'd get to handle them. There were IIRC two separate supreme court decisions aimed at putting a stop to that. The first one should have been enough but he found creative ways to ignore it, so they had to issue a second saying "we really mean it".
The site itself seems to be asking for trouble (borderline trolling even) but Travis knows that already I'm sure. I do know that some very large ebook sites including sci-hub manage to keep operating in Russia, so maybe that's better suited than Romania for this type of thing if you're going to try it at all.
who told you this? DMCA is not ignored in Romania . But generally people just don't report it(they are used to steal sadly) but if a big corporation does it they are on it . They even have an institution for this http://www.orda.ro/default.aspx?pagina=1
me too i can write whatever i want about my country or business while the general public may not be used to file to such a big corporation can fuck you over digital rights in romania !
ORDA applies to a variety of intellectual domains http://www.orda.ro/default.aspx?pagina=168
But @cociu seems a good un regardless.
IANAL but here is my understanding. DMCA is a US statute that spells out some specific formats and procedures for sending infringement notices and responding to them. It doesn't apply outside the US. That doesn't mean that the rest of the world has no copyright--it just means that the procedures are different. DMCA says you can send a notice by email (like with a bot) and nothing happens to you if the content you complained about is actually non-infringing. In other places, one hopes, you are responsible for making sure your claims are actually true and can be subject to sanctions if too many are false.
Many US media companies are in the habit of spewing out automated and often bogus DMCA notices at a spam-like rate of speed. For example someone posted several minutes of random white noise on youtube and watched the notices come in from multiple publishers saying their songs were being copied.
US providers getting the notices are required to take down the content or else get in trouble. It's then on the web site owner to spend time and money contesting bogus notices. Non-US providers can throw away the notices and say, if you have a legitimate copyright complaint then fine, but you have to write it up and serve it in a legitimate way and then we'll deal with it. If you send out automated email spam bullshit then we can treat it as spam because that's usually what it is.
The media companies prefer the approach of sending out notices without bothering to check their legitimacy, forcing the recipients to do the manual checking. If the recipients don't do that, the senders usually don't want to bother either, since they are following a spam-like business model where you blast everything in sight and see what the response is.
In the case of Travis's site, though, that's not the situation. There's a specific aggrieved author who is willing to jump through all the hoops and presumably pursue the matter wherever. So an "ignore DMCA" policy per se won't help. Again I don't know enough specifics of Travis's site to have a view of whether it infringes or not, but there is a plausible enough claim that Travis has to either a) defend in court, or b) put the server somewhere with different laws than the US and EU. E.g. something can be infringing in the US/EU but non-infringing in Russia, and apparently Sci-hub relies on that difference.
Followup:
https://torrentfreak.com/court-questions-whether-ebook-pirate-site-operator-can-be-sued-in-texas-190715/
Stop right here and ask your-self a question: do you want to piss of USA media labels as a country who ignores their rights? Probably not, because than USA will push on you some kinda political crap. And no one wants to anger USA it seems. So yea, DMCA is USA but it will own your ars through your local 'DMCA' agency if needed.
Look at Kim Dotcom as an example.
Remember, folks.
As long as you don't do anything overly stupid and remain insignificant, you will be able to get away with stuff.
But, if you do something too stupid and too significant, someone's gonna come after your arse. Doesn't matter whether you used VPN or "offshore, DMCA ignored" hosting.
Indeed, but a DMCA notice tells the provider anywhere in the world what you are doing on their equipment. So whilst they will probably ignore the DMCA itself, a lot don't seem to realise that DMCA 'free' does not mean ignoring what you are doing.
@cociu I know this is not a place to remind to you about tickets but if possible look into this matter. I paid twice (One automated subscription and a manual one) for the same service and i would like to extend my due date with the extra pay I made. Can you look into this
Ticket opened 19/06/2019
I got the First Reply saying:My colleague will take a look in the next minutes and will refund a transaction.(02/07/2019)
Nothing since then.
Will inbox you the ticket number if you are willing to take a look
It tells the provider that your bot matched some component of a spectral signature or something. Does the provider have the time to investigate whether there was a real infringement? They likely have more pressing issues like keeping up with tickets.
From chatting to many providers in the background, they do check.
I think there is too much talk on the "feds getting you" and too little about what's usually really relevant.
As some already stated "the feds" are probably going only after high profile infringers. But there is also the civil law side, lawyers going after any target they are tasked with. The problem with them is that they are often payed out from what they bring in, so they are well motivated to get at as many as possible "evil doers".
Looking from a providers perspective I guess it comes down to the question where less damage is to be expected. If they cooperate with the lawyer (who often work for quite large enterteinment corporations) they risk a damaged reputation and if on the other hand they protect their customers they risk to be considered supporting illegal things.
Usually it boils down to laywers not trying or giving up quickly when they have but vague indications and going hard core only when they have solid evidence and a clear case I guess. And exactly that, asking for that is what providers can do to find their sweet spot in the game.
As for "grey zone" countries like e.g. Romania one should keep in mind that that works both ways. It can coverup and protect quite a lot but it also can turn quite ugly against you.
TL;DR Probably not much will happen as long as you stay low profile - but if you cross a certain border they will go after you, no matter the country.
unless ur TPB
I'm still waiting to see an legitimate DMCA.
Host Game of Thrones files and you will get one.
More like brazzers or barelly legal. Definitelly will receive some attention.
(Too) easy to get DMCA notices if you know what you are doing.
Seen a lot of so called DMCA notices. Had them claiming files that were not on the server where there. Trying to claim my original copyrighted work as theirs. Trying to say that using the words marvel, civil, war. In an article on weapons of the civil war period was infringement of their movie copyright.
@TravisVancouver So you stopped paying for provisioned service, got bills overdue, got service terminated, leaving the debt unsettled and now you're asking for even more service indirectly questioning the provider's existence?
Or just didn't cancel gracefully with no ill intent. I assume at the least he'd have to pay for any unpaid service. But I don't understand why the OP has to create this thread.
He created this thread with an ill intent.
I am create this very post with acute malevolence!
I am quoting your malevolent post with malice.
malevolence intensifies ...
Let fuck this provider with my malevolent comment.