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Why do people constantly ask for DMCA ignored Servers?
So the title might seem obvious but to me it's an interesting question. One common question I saw here while lurking is people asking or advertising that they ignore the DMCA. But for example when advertising a server in the Netherlands ofcourse it's DMCA ignored because the DMCA is an American Law while in NL we have de Auteurswet.
Most people I would expect are "acquiring" larger pieces of media which would be registered inside of the EURASIA Economic Union. And for example in NL we have Brein which is a dutch organization which sends out C&D and sometimes sues for copyright infringment.
From what I could find it's more a cultural thing that in NL, the ISP's/Service Providers require the organization to go to court before they give any info while in America it's much easier to be forced to give up that info. As we have seen with the countless lawsuits by Brein to give up information about there users, like the recent one against KPN.
Would love to hear what you guys know about this as I am genuinley curious as it seems like a no brainer that there DMCA ignored.
PS: Sorry if this is the wrong tag, or if I did somethin wrong please tell me as while I have been lurking for a while this is my first post.
Comments
I guess DMCA is just used as a catch-all term. Most europeans countries have to respond to DMCA-notices or alike as copyright infringement is still illegal whether it is a DMCA notice or something else.
It is true that service providers are not obliged to hand out information unless a court otherwise says so. However, if a service provider is made aware that there their services is used to host copywrited content and they do not stop this, they are made responsible and not the client. Thus, many european hosts forwards these notices to their clients and forces them to remove the content or suspend their service.
I'd imagine any big provider in europe gets thousands of notices monthly, if just a few of those gets taken to court they would be in a never-ending court fight. It'll probrably cost them a lot more money than just following the orders, sadly.
DMCA ignore is between Host and Customer and not Court and Host. So customer want DMCA ignored i.e. they don't want Host to bother with them with notice unless the other party goes to court in which case Host is obliged to comply.
Some companies will terminate your VPS if they receive any DMCA complaint, even fake one.
Some people that host legal, but controversial things want DMCA free hosting, because they dont want issues with provider.
Then theres people that are torrenting - pretty much all "dmca protection companies" will send only automated DMCAs and wont go to court. 100% porn-related companies behave this way.
Everyone wants internet freedom. But still lived in their myths.
EU countries are quite extensions of 'Murica mindset but lagging behind in implementation. For many issues EU citizens already go to some kind of court.
Not really. A provider wants to earn money, the moment you receive a very angry mail from a threatening lawyer, it's easy to resolve by terminating that customer and reply 'sorry bad customer kthx bye'. The lack of international response to overseas angry threatening (fake) lawyers' is disappointing. If they would have dark beards and wave black flags the world would be too small, but simply wearing a decent suit makes the difference.
Just me this, I don't host anthing that should trigger a DMCA request but when I deliberatly choose DMCA ignored services in the EU I specifically mean DMCA - I don't mind if the copyright laws and other laws and regulations of the country the service is located in or the company is based in are being followed.
I use the fact that a EU (or other host) ignores DMCA along with their T&Cs to help assess how well the provider knows the laws of where they operate, are likely to follow those laws and how safe my data and privacy are with them. for example, will they require court orders etc.
Most countries have fairer/more robust copyright and privacy laws than the USA and I want to know that some email wrongly accusing me of copyright theft from someone like Tomasz Niemiec of Leakshield isn't going to down my service when there is no legal basis to do so becasue they believe DMCA covers the entire world. I don't see why a the laws of a country who has nothing to do with the service I am being provided or am providing has a say over it and anyone complaining to the provider about what I am doing needs to follow laws and regulations of the appropriate countries.
In general DMCA is just used as the term for copyright. So DMCA-ignored means "we are fine with you hosting content you don't have the usage rights for"
Usually it’s a euphemism for bulletproof hosting.
shithole companies like comeso, leakshield, etc. sending dmca for AI-generated articles containing "copyrighted phrases" lmao
I don't understand how foreign companies have the right to abuse US laws anyway
Thankfully, the situation in Spain does not operate under these conditions.
I consider myself fortunate to say this, as in my role as an Internet Service Provider (ISP), I do not have the capacity to determine whether or not the content hosted by my client complies with copyright regulations o whether the notification I receive is from a data protection authority or not and if so whether it is acting in accordance with the law of which country.
In our role as a server hosting company, we must clarify that we are neither judges, nor police, nor do we supervise compliance with copyright laws.
This is a matter that the involved organization must address, filing the appropriate complaint and following the relevant legal procedures.
It could also mean having resonable responses
Some providers terminate or suspend almost instantly on first notice
Which would yield the host super not fitting for a forum, for example
Or any type of UGC
Porn? Why do that? Why would anyone download something like that? No wonder 100% of such DMCA cases are ignored, because these must be extremely rare as most people strive for transcendental feeling and religious redemption unstained by such carnal parties.
I want to believe that families and children appear as proof of continuous platonic love and respectful contemplation, without any porn or carnal wishes.
Many people needs to download ISO without any complain.
In many countries many contents are not available, even on paid subscriptions. So people go for download/torrent/seed.
What really scares me here is that I can not tell for certain if you are serious or not.
link?
I feel like this is a self answering question and this is just comment spam.
Freedom, and protection against often invalid and misused DMCA.
Legitimate services such as Tor Exit nodes tend to generate a lot of DMCA's, so do VPN servers for example. I'd rather have them ignored than have to explain what is going on to each of them, and on top of it have a chance of being suspended for that and having downtime.
DMCA is a strictly American law and doesn't have to be respected anywhere else. Germany, France and Austria are countries where hosts often enforce DMCA despite it not being a legal requirement.
"DMCA Ignored hosts" will remove content that infringes on copyright(per local laws), but not after a DMCA report, as it holds no basis.
I want my host to only respect local laws, not some broad rules and forgein agendas. And going with a "DMCA ignored host" is a good start in my eyes(of course outside USA, in America it would be criminal to ignore DMCA).
You can use cn or russia vps
They no dmca
This. If you need to do copyright infringement, get a server in a country that hates the US. China and Russia (if you can pay for one) is perfect.
India is another option, all my cousins in India pirate everything from movies to Windows. But make sure it's an Indian company and not a US one.
US has way too much influence on India to be considered a copyright haven; India is a member of the WIPO copyright treaty. It's a copyright alliance headed by the UN.
pirates lol
So then, if you need a DMCA-free VPS, go to China.
Russia was a good option before sanctions and now you can't literally pay for a Russian VPS.
Crypto is king. Russia is even better for hosting this stuff after the sanctions
They have literally nothing to lose, Govt itself tells people to pirate shit. Not to mention that hosting malware etc is basically legal in Russia.
Its a pretty expensive solution, due to bandwidth prices and capacity. Its cheaper to stay in EU countries, basically all except Germany, France and Austria are good, you just need to find a host that is not operated by a globalist corporation full of pussies. Its entirely legal to ignore DMCA there, and every host that treats their customers seriously, should. In my eyes, hosting providers should focus on local laws, not some made up restrictions popularized by USA and their gigantic corporations.
Crypto & You're good to go!
I think DMCA means a kind of uncertainty, if you run a user-generated content site, or even just get false complaints, some providers will simply stop your server and cause your service quality to decline.
BTW: what I am more curious about is how to distinguish which providers will directly stop the server.