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So if the server is not in USA it is OK to "ignore" DMCA complains, isn't it?
That depends, if the server is located outside the USA but the hosting company is based in the USA they will have to obey DMCAs.
To a company e.g. in the Netherlands with their servers located in the Netherlands a DMCA complaint means as much as a law in North Korea. (so nothing)
DMCA is a USA thing so usually only companies under USA jurisdiction have to comply with it.
However, there are copyright laws almost everywhere in the world. A responsible provider will not just ignore copyright violations if he is given enough proof about it.
That was a choice of your DC. They are not under a legal obligation to ask you to act upon it, as far as I am aware.
Disclaimer: IANAL
The DC may be under legal obligation, as their country is part of the WIPO.
Here's a lovely list of countries who've signed the World Intellectual Property Organisation Copyright Treaty. Clickety Click
AFAIK, the WIPO treaty simply establishes a framework for copyrights, i.e. what can be copyrighted, for how long, and in general ensures that something copyrighted in one country is respected by all the signatories. e.g. if my book is copyrighted in the US, you can't legally print off and sell copies in Russia unless I authorize you to do so. It doesn't broach enforcement, or how to deal with purported violations, etc.
As @joepie91 said, the DMCA "safe harbor" mechanism only has legal effect on US entities. A DC or provider who does business in the US, either themselves or via a subsidiary, etc. can be liable if they don't follow DMCA. A purely foreign entity is under no obligation to do so unless there is some bilateral treaty with the US that requires it.
This reminds me of the cryptic "feature" BalticServers mention in their WHT ads: Flexible DMCA policy
Sucks! I am there lol
No. Feel free to send the DMCA to anyone anywhere -- it appears there is a decent chance it will work. I would make sure the letter of the law is met, i.e. not just a MediaSentry-type email. Of course, if it doesn't work, you're not going to be able to enforce it
I think only Antigua doesn't have copyright laws. Maybe some others too, but not many.
Your server would still have to be connected to the internet somehow and the conneciton can be shut down.
@liam it space it would be so expensive that nobody would use it for copyright violations It would be cheaper to buy some small island and make your own country with own laws.
@liam Read the first sentence on Wikipedia :P
Also, as far as I'm aware, the entire 'principality' is connected by a 2mbit link. Google it if you wish >_>
@Elliotj since it is just 10km (miles?) from the big island maybe it wouldn't be too hard running some optic cables there. All it needs is some crazy investor.
raindogistan also has no copyright laws. And we give a free LEB to all citizens.
Google maps or not exists
No, it gets treated as a standard copyright complaint and is dealt with regarding the laws of the country that the DC is in.
People seem to think since the UK dosen't have the DMCA, they can rent a VPS here and pirate films, however DMCA notices are treated as standard copyright infringement notices, and international copyright laws and treaties mean its still illegal
A DC out the US will treat a DMCA as a formal copyright infringement notice, and will treat it as one, they dont have to follow the DMCA "rules" but it will follow the rules of local copyright law.
And which rule of local copyright law requires that a DMCA be treated as a formal copyright infringement notice? To invoke local copyright law, their rules have to be followed and any notice of infringement has to be in THEIR format, not DMCA.
LEB in San Marino? Naa...
There is no strict format, theres no local copyright law where it says "TREAT DMCA AS NORMAL COPYRIGHT NOTICE", but its in the datacenters best interest to force copyright, so if they receive a notice with proof etc then they should act on it, because its better then getting Sony suing your ass.
DCMA's can be ignored if the host doesn't fall under U.S. jurisdiction, look at Ecatel, they completely ignore DCMA's,
Of course there has to be a format for the notice -- you can't just go suing anybody in the US or the UK unless you give them proper notice -- that's a bedrock principle of common law.
Proper notice would be one printed on paper, signed, stamped and sent via registered mail. Email hardly qualifies as proper legal notice.
Afghanistan has laws, Nauru/Marshall Islands implements New Zealand law, Arube dutch law, Cayman Islands uses UK Law, Eritrea has laws, Turkmenistan has old but still usable Soviet laws.
The ONLY countries with ZERO laws on FOREIGN content are Iran, Vietnam, Antigua & Barbuda and North Korea (not verifiable).
Afghanistan is an american puppet state (Client state) therefor if there is a complaint it will be dealt with.
i DIDNT say that, you quoted wrong
Yo dawg so i herd you like quotes, so we put some quotes in your quotes, so we can have a go at you.
Couldn't help it.
Good luck finding a (decent) VPS provider in Afghanistan. Even if you do, I think DMCAs are the least of their law enforcement concerns at the moment...
"Our core switches are down due to a suicide bomber".
Well, it's not like that is unknown to the US, too. :-/