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Lmaoooo now to think about it. OP thought he did a sneaky pro move and got his VPS restored cuz of it, when in fact, he didn't and labze only restored his node to let OP make backups lol
No, labze had fully restored his vps believing he took care of the thing, as in, taking steps so that the copyrighted content can no longer be accessed through hostbrr/hetzner IP. It wasn't just so that he could take a backup.
Although the Torrent site itself may not store illegal content directly, but by providing access or assistance in finding illegal content, they participate in the distribution or facilitation of access to the content, which can be considered as a violation of copyright or other laws.
Nonetheless it was funny, hetzner is widely known to be notorious with DMCA stuff. Blud didn't do enough research.
Indeed. The service would have remained active if he did not violate the TOS once more.
It's pretty clear that even just linking to copyrighted material can be grounds for action, you do not need to host it. Plenty of cases from within Europe where the defendant has lost the case in these lawsuits even though they never downloaded or shared any real content but merely was a gateway to where to get the torrent files.
EU and US have both safeguards against fake/false DMCA notices. Most bots send such DMCA if they trigger words related to their customers' brands. In US you can take down the content for fasle DMCA, file a counter notice, wait for 7 days to get reply from the complainant that they're approaching court (in 100% of cases where you are not infringer) you'll not get reply from them, then as per DMCA law you can restore back your content, and your host/upstream also has to restore it. In EU you can also restore your content after filing counter-notice and not getting court's notice.
For geniue complaints/DMCA, say, if its EU or US, you'll have to take down content in 12-24 hours. But in my personal opinion, US has more safeguards for intermediaries (like hetzner/hostbrr/isp) and infringers, than EU. EU is more strict about it and leans upon the complainant side. Also, that's one of the reason you can't host "Free speech" sites in EU but can happliy host in U.S.
There is in-detail 40 pages word document by WIPO related to EU and US DMCA.. if anyone wants to read in-depth.. here's the link:
https://www.wipo.int/edocs/mdocs/mdocs/en/osp_lia/osp_lia_3.doc
right. Linking is not violation of DMCA, but embedding is.
Also one weird thing: I've read one US case of DMCA, wherein, the infringer copied coyprighted images and put on his site, and on each image he put smiley
icon, which gave him right of "parody" and so his content was not infringing one.
Yes, agree.
EU is strict about it. US DMCA has those safeguards.
Thanks for the explanation. I suppose I am good to go when I am hit with false strike, or mistake of the bot. But what worries me is that, from what I have seen in most cases, the complainants don't care about fare usage and intentions. Say I have written a blog article about animation and used a small cartoon clip/webm to emphasize what I wrote. If sony strikes me on that, they won't listen that I am not pirating their content, rather it's just a fare usecase. There are numerous examples of such things happening everyday. Though, my optimism wants to believe this could be solved through proper communication if complainant parties are interested to spend some time in discussing and reading what the defendant has to say, hence I was asking about extended time.
I think it's about what you are linking or to what source. Like, if I am linking a manga/comic to mangaplus (an official site owned by shueisha publishing company), that shouldn't be an issue. But if I link that to mangadex (a pirated manga/comics site), it should be a problem. Or am I getting it wrong?
@JasonM EU is not a country. Every european country have some sort of laws to regulate infringements of intellectual property, but copyright law can vary greatly from country to country. EU is not just Germany.
Something what's illegal in your part of the world can be perfectly legal where I live and vice versa.
(I am not sure how much up-to-date is this, but you get a good idea what I am talking about.)
He meant countries in european union in general, who need to abide by the EU copyright directives. It was beyond obvious.
And yes, even though all EU countries have to abide by the directives, some countries may differ on the specificities and enforcements. Germany is very strict when it comes to that.
It still varies how are those directives translated into local legislation. It's impossible to talk about one uniform strictness as long as I am still allowed to do legally something that people from another EU state aren't allowed.
There's no such thing as "EU is more strict about it and leans upon the complainant side" as long complaints to my ISP end in their thrash bin.