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US courts / US prosecutors can do anything they want. But only if you are a "big fish". Fox example: you like hosting and servers, they can setup a deceptive hosting company, lure you in for a service, run a lottery to win 1 mil $ among clients (oh... money, money, money), pronounce you a winner, but in order to get the money, you need to come to the US. They buy you a ticket and once you land, they arrest you. Thats called sting operation.
If you are up for late night/snack reading. Read this: http://itlaw.wikia.com/wiki/U.S._v._Gorshkov
I don't understand why people are looking for excuses to commit white collar crimes.
Hmm?
I was referring to people who pirate and/or distribute copyrighted materials. When they are caught they try to talk their way out of it with excuses such as "but it doesn't apply in my country". My reply is usually "be it as it may, but the servers are located in the USA".
A DMCA request may not have a single leg to stand on in the EU, but it's usually send out as a consequence of copyright infringement.
in korea, DMCA does not apply.
Yes, especially in North Korea.
but south korea copyright law is very dangerous. because if you find, you will know.
He was not "looking for excuses". He was asking if there would be practical consequences in a particular situation. That's something very different.
Oh, and it's not a "white collar crime" either. As far as I can determine, this thread was about personal use.
My main reason for creating this thread was to clear up alot confusion that I had
but also many other people, i've seen alot threads like this in google but they by far didnt contain as much information as this one.
Ofcourse pirates will use this knowledge to their advantage but that has something todo with morals
people who will pirate content also put themselfs at risk, they choose to take this path.
Just out of curiosity, what are the odds that one gets a DMCA notice from a third party when it's 'personal use'? FYI, the personal use loopholes revolve around downloading copyrighted material. Redistribution to other people opens you back up to the full force of the copyright laws and it's consequences.
Much smaller, because you don't have the spotlight on yourself that centralized distribution channels have.
These loopholes don't exist in many countries.
Then why so many provider outside usa offer NL, UK, or etc affraid DMCA
all location have the rules and DMCA can't do live action, they must follow what the country rule about copyright, just simple and i think hosting no need to be affraid when dmca complain about ilegal material example download link just removed the link then all be okey
Can anyone recommend an ISP that will not comply with a DMCA complaint?
The last two hosting companies have removed my website which shows documents from my ex business partner embezzling corporate funds but he files DMCA complaints that these documents are private along with emails so the ISP's keep removing the site.
Thank you!
If your host is non American, and your servers are not in America, then the DMCA does not apply and your provider has no legal obligation to observe any request.
Hack Forums
TL;DR US Law is everywhere applicable, this is how hegemonial powers reign
especially when you are from NL, you should know about ASPA
This authorization has led the act to be nicknamed The Hague Invasion Act: https://en.wikipedia.org/wiki/American_Service-Members'_Protection_Act
Wrong
US owned DC overseas with US network carriers going to overseas facilities will honor DMCA. Just because things are geographically or appear "offshore" doesn't mean it's true. Example: "foreign" TLDs ran by US companies
Non American provider, in a non American location = not DMCA applicable.
What's wrong about that statement? Data protection, Privacy and 'non US' is the reason we have so many non US clients, and host Gaming businesses, etc.
Do you ignore DMCA?
I know a lot providers, especially inside of the EU, which dont ignore DCMA just accept it as "normal abuse request". And if they ignore Abuse thats a other point.
DMCA is US legislation. It's simply not applicable outside the USA / US corporations.
DMCA is not applicable to us. It does apply to our upstream providers in the USA, but not in any other locations. We treat them simply as any other abuse complaint and pass to the customer for consideration.
DMCA is not valid outside u.s. BUT most of countries have copyright infrangement laws. This mean if you receive a DMCA request you (provider) know that you're hosting copyrighted material. If you decide to ignore you start to be illegal NOT for DMCA but for not taking down copyrighted material.
People that ask DMCA free are like criminals and company that allow it (in a copyright protected countries) are too.
No word, no excuse these are the laws.
"Alledged" Copyrighted material - DMCA is a MUCH abused complaint mechanism.
Thanks for being sane. Also, thanks @matteob for letting us all know your thoughts. I'll make sure I don't ever come back to using your services, and stop recommending them.
Asking a question does not mean you are a criminal. Mussolini much?
Indeed DMCA and "copyright" is abused a lot. Such reports should be acted upon on a case by case base.
Example 1: someone downloaded a movie. Who cares?
Example 2: someone is hosting a fake UGG boots website. Will be shutdown.
? what question?
If you mean: I need to host copyrighted material, use exit tor or something similar, yes not use my service, you will be terminated. We're a provider that love supporting real business customer not file sharing kiddies, different target company :-)
At nobody ONLY if you had rights to permit that...
@matteob
Of course I don't host warez/tor exit. And now you said I'm a bad customer because I don't want to go with you, very good tactic. Go on, this is interesting.
I was referring to "DMCA Free" question.
@Traffic i never talked about you, my words are general to DMCA questions. Please don't feel stricken i not read your comments. Same for "you're a bad customer" i'm talking about customer that host warez/tor exit, if you not host it my words are not referred to you.
So keep calm, i not talking about you :-)