Howdy, Stranger!

It looks like you're new here. If you want to get involved, click one of these buttons!


Is France a "No DMCA (Offshore?) Hosting Provider"?
New on LowEndTalk? Please Register and read our Community Rules.

All new Registrations are manually reviewed and approved, so a short delay after registration may occur before your account becomes active.

Is France a "No DMCA (Offshore?) Hosting Provider"?

ZeastZeast Member

I have a VPS on France Datacenter.
I'm thinking to sell "No DMCA Hosting" , but I don't know if I can.

Help?

«1

Comments

  • blackblack Member

    It's probably not. DMCA is an American law, but now days people refer to it for general copyright laws which many countries have.

  • ZeastZeast Member

    So , i can host warez files? or customers install nulled software?

  • blackblack Member

    No. France has strict copyright laws.

  • ZeastZeast Member
    edited July 2015

    And romania? Example http://www.hostsolutions.ro/ (Romania) or http://www.hosteasy.eu (Moldova)?

  • Zeast said: And romania? Example http://www.hostsolutions.ro/ (Romania) or http://www.hosteasy.eu (Moldova)?

    all those listed have copyright laws.

  • ZeastZeast Member

    Yeah , but hostsolutions call themselves No DMCA / Offshore Provider

  • deadbeefdeadbeef Member
    edited July 2015

    @Zeast said:
    Yeah , but hostsolutions call themselves No DMCA / Offshore Provider

    Have laws, and enforce laws are 2 completely different things.

    You want to get into union A, B and C where money rains from the sky and they tell you "oh, btw, you have to pass these laws". You pass the laws and never care again.

    Thanked by 1chrisp
  • @Zeast said:
    Yeah , but hostsolutions call themselves No DMCA / Offshore Provider

    DMCA is american thing, does not apply in Romania, but Romania (and most other countries) probably has their own copyright laws.

  • @DalComp said:
    DMCA is american thing, does not apply in Romania, but Romania (and most other countries) probably has their own copyright laws.

    Read my post about copyright laws in Romania.

  • ZeastZeast Member

    Really , I'm finding a provider that doesn't have this.
    "Copyrighted content/mp3/movies/cracked software or links to such content" (Time4VPS)

    "NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, HostMada WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS. " HostMada

    By example , I have a US VPS. If a customer install IPBoard Nulled / Upload the IPB - vB - XenF Nulled / Upload music for his friends , my VPS will immediately suspended.

  • TarZZ92TarZZ92 Member
    edited July 2015

    Zeast said: Yeah , but hostsolutions call themselves No DMCA / Offshore Provider

    They are correct, DMCA does not apply outside of america however they have local copyright laws and ofcourse WTO

    Zeast said: By example , I have a US VPS. If a customer install IPBoard Nulled / Upload the IPB - vB - XenF Nulled / Upload music for his friends , my VPS will immediately suspended.

    "immediately suspended" this is very unlikely to happen as this host will need to do an investigation

  • ZeastZeast Member
    edited July 2015

    What about BlazingFast.io? He host http://www.scriptzbase.org/ , all the files are hosted in it.

    What happen with this?

    EDIT: And http://www.szenebox.org/

  • @Zeast said:
    Really , I'm finding a provider that doesn't have this.
    "Copyrighted content/mp3/movies/cracked software or links to such content" (Time4VPS)

    "NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, HostMada WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS. " HostMada

    By example , I have a US VPS. If a customer install IPBoard Nulled / Upload the IPB - vB - XenF Nulled / Upload music for his friends , my VPS will immediately suspended.

    I would avoid any host like that.

    Charging a fee for spam, maybe, since it can get IPs blacklisted and cause the host trouble, but a $50 fee for having some MP3s on your server? that's a joke.

    And I can understand reporting someone to the authorities for hosting CP or something like that, but not for pirated stuff.

  • @deadbeef said:

    I know, but gov can anytime decide to strictly enforce the laws. There's no real provider encouraging hosting copyrighted content, those "no dmca" thing are just wordplays.

  • KuJoeKuJoe Member, Host Rep
    edited July 2015

    I know this may sound like a strange question, but have you considered finding customers who aren't trying to screw people over instead of finding ways to allow your clients do unethical things? I don't know what your business plan looks like (assuming you operate a legitimate business) so this really is an honest question.

  • MaouniqueMaounique Host Rep, Veteran

    DalComp said: Romania (and most other countries) probably has their own copyright laws.

    Yes, Romania does forbid copyright infringement, and the law is enforced, but there must be a complaint, the government does not force providers to relinquish customer data in order to search through it for reasons to lock people up, force them to resign, force them to testify against the government perceived enemies, "cooperate" to lock them up in other ways, such as passing laws and sentences in support of various cults and corporations or if they dont like their political views.
    If you want to host illegal stuff, you must go underground, the plain internet hosting for such things are not worth it, you cannot make so much profit to keep it up if you are not a major hub such as TPB.

    Thanked by 1DalComp
  • ZeastZeast Member
    edited July 2015

    I want to sell a Simple Offshore Hosting , not a "bulletproof" or "illegal" service .

    Who think something about BlazingFast?

    Pavel Onopriychuk / Chief Operating Officer

    Hello,

    we respect your privacy and we'll always fight for your anonymity and protection within our facility. You can host without any problems, any content (no phishing, childporn etc. or anything else that can result in spamhaus listing)

  • MaouniqueMaounique Host Rep, Veteran

    Zeast said: I want to sell a Simple Offshore Hosting , not a "bulletproof" or "illegal" service .

    If you host illegal stuff, you need a bulletproof host which hosts these illegal things.

  • ZeastZeast Member
    edited July 2015

    @Maounique said:
    If you host illegal stuff, you need a bulletproof host which hosts these illegal things.

    Oh god...

    @Zeast said:
    I want to sell a Simple Offshore Hosting , NOT a "bulletproof" or "illegal" service .

    Thanked by 1Claverhouse
  • MaouniqueMaounique Host Rep, Veteran

    Zeast said: So , i can host warez files? or customers install nulled software?

    Zeast said: I want to sell a Simple Offshore Hosting , not a "bulletproof" or "illegal" service .

    Not my fault you are contradicting yourself, what is correct, you are looking to host warez and nulled software, or not? If you want to host those, then you need a bulletproof service, if you do not, anyone would do, including US, you wont have to worry about DMCA if you do not host copyright infringing sites.

    Thanked by 1KuJoe
  • FlamesRunnerFlamesRunner Member
    edited July 2015

    CyberBunker is your new home then ;)

    (not that I recommend and/or condone the use of this host)

  • MuZoMuZo Member

    Copyright laws and agreements between countries aren't easy, if you're serious about this and want to be safe you should probably ask a lawyer.

    Anyway from what I understand as a non-lawyer: most countries (if not any) have their own copyright laws and agreements between other countries. DMCA is a copyright law in the USA (only) and as such it doesn't apply on other countries ("X" law in country A has no legal base to be applied in country B, except if there are agreements between them)

    Many providers outside the USA if they get a DMCA complaint they will ask you to remove the content because they have a ToS (and enforce it strictly) where they don't allow copyrighted material to be hosted in their network. A DMCA complain proves them you're infringing their ToS even thought the DMCA thing itself shouldn't cause them legal problems.

    Other providers will ignore DMCA complaints because it doesn't have any legal base in their country, but if they get a local copyright abuse they will ask you to remove that content.

    Then there are the so called "bulletproof" providers, providers that (tries) to ignore any law. They usually don't last forever and you might have very bad neighbors.

    If we go deeper in country copyright relationships, the USA doesn't have any copyright agreement with any of the following countries: Afghanistan, Eritrea, Ethiopia, Iran, Iraq, San Marino and Turkmenistan (data from the circ38a). Theoretically hosting in any of these countries should make you able to host any content protected by USA copyright legally. (In Iran Windows copies are sold legally in the streets; exclude San Marino as it's basically Italy). However it might be illegal for you to do business with some of these countries (embargoes).

    Also if you are hosting a content that has copyright based in another country, that country might have different copyright relationships with those listed countries thus making it illegal to do so.

    At the end I think you should just look for a host that don't take DMCA in consideration but of course if they get a local complaint you will have to remove that content.

    Thanked by 1Maounique
  • KytroKytro Member
    edited July 2015

    Well let me tell your a story.
    You may know those websites that let you watch TV Shows and Movies, etc. 4 Years ago a project like that was created in my own country, in the start they used Leaseweb to host their website. If I remember correctly, 2 years later they moved their servers to Romania but no one knew that and some people tried to take them down, but nothing worked since they weren't hosted in my country, so the 'investigation' took about 2 more years, and finally Cloudflare told those people where the server was located and the owners of the project (making about 100€ per day) decided to close the project.

    In my opinion if your problem is just the "nulled" stuff, I think you can go with Romanian hosting services, or even better, Panama. YES, they have their own laws, but for what I understand companies that say "DCMA Ignored", they will ignore it for sure, but they won't ignore their country laws, so they will only shutdown your services if they get a court warning or something similar.

    Thanked by 1deadbeef
  • ChuckChuck Member

    @Zeast said:
    Really , I'm finding a provider that doesn't have this.
    "Copyrighted content/mp3/movies/cracked software or links to such content" (Time4VPS)

    "NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, HostMada WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS. " HostMada

    By example , I have a US VPS. If a customer install IPBoard Nulled / Upload the IPB - vB - XenF Nulled / Upload music for his friends , my VPS will immediately suspended.

    Does this mean the provider goes look into customer's VPS without contacting customer?

  • randvegetarandvegeta Member, Host Rep

    Everyone country has laws against copyright! There is no way around it. The only places you might be able to get away with it will have either extremely expensive services or extremely poor.

    The best you can hope for is to host your servers somewhere where people are going to be too lazy or ignorant to follow up with the local laws.

    DMCA is strictly a USA law. We for example do not recognize it in Hong Kong but HK does have it's own laws against copyright. If you hosted in Hong Kong, many hosts may ignore a DMCA notice. However they won't ignore an HK law.

    There are other things to consider too. In the USA, it is basically illegal even to link or reference copyright material if that is the sole purpose of the website (i.e. warez forums or BitTorrent Trackers). However in places like Hong Kong, this is not so clear and it may not be illegal at all. Hosting the actual content is definitely illegal, while hosting a link is almost certainly not. This is one reason why DMCA is ignored since some parts of DMCA law is not relevant or applicable.

  • randvegetarandvegeta Member, Host Rep

    Another thing you can consider is that most hosts have a certain level of protection from the actions of their clients.

    In most countries, if a host knowingly serves a client doing illegal things, they may be liable (at least partially). As a host is not generally a legal expert, you may not be aware that a client's actions are illegal.

    In the case of receiving a complaint, it would be perfectly reasonable to request the complainant to provide the information as to which law is being violated. Typically complainants are too lazy to check or only refer to US laws.

  • randvegeta said: Everyone country has laws against copyright

    not 100% true. in iran you can freely pirate most software. the govt even hosted a warez server once.

    Thanked by 1Claverhouse
  • randvegetarandvegeta Member, Host Rep

    And the servers there are almost certainly high priced if they are good (fast) or just crap if cheap! Anywhere you actually WANT to host your site will have copyright laws.

    Also, now that US/Iran trade relations are moving forward, we might see Iran's adopt some copyright laws :-)

  • MaouniqueMaounique Host Rep, Veteran
    edited July 2015

    randvegeta said: Everyone country has laws against copyright!

    You mean for copyright and against piracy.

    Yes, there are, in almost all countries, but it depends on many factors how are your chances of being singled out and punished for breaching those.
    Small punter downloading a movie or series, it is more probable to get struck by a thunder and die.
    Hosting a warez linking site, well, you will probably be shown the door sooner or later by your host, being sued and all, highly unlikely.
    Big business like printing CDs on an industrial scale, selling fake "OEM" Autodesk and Microsoft products, well, you asked for it...

    I think the industry learned to live with it, there is a scare game which may work for some, I do not care, personally, but i do buy the games I like, even if second hand, on ebay or opened demos, whatever, or vinyls from the 80s, first generation CDs, etc. I also have licensed windows, more licenses than I use, actually, but, at times, I do it in a gray way, like windows client hosted as a VM which I carry around, for example and have copies of, theoretically able to run on multiple computers or multiple copies, which is not very kosher, I think, not to mention I help people encrypt full devices and use external boot managers, which, in theory, can be called aiding and abating the IP theft, since it cannot be determined if the OS and the apps are legally licensed or if there is anything installed, for that matter.
    If someone is after me or after anyone, for that matter, they can find some law to "nail" you, at the very least bother to plant some drugs or explosives if not some files on a server you supposedly owned or even on your own computers. This is why that provision in the law, "beyond any reason of a doubt" is so important in conjunction with "presumed innocent until proven guilty", but who bothers nowadays, so much democracy around and so little time and money to finish it off...

    Thanked by 1deadbeef
  • WilliamWilliam Member
    edited July 2015

    TarZZ92 said: not 100% true. in iran you can freely pirate most software. the govt even hosted a warez server once.

    The "gov" still does, Afranet is full of warez FTPs, speed outside Iran is horrible and content is mainly shitty Iranian music (kinda ironic, because this would actually be protected by their copyright, but no one cares) and software of questionable origin (would not trust that trojan/virus wise).

    randvegeta said: Everyone country has laws against copyright! There is no way around it

    Iran, Vietnam and Antigua & Barbuda have no copyright laws.

    Thanked by 1Claverhouse
Sign In or Register to comment.