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Is France a "No DMCA (Offshore?) Hosting Provider"? - Page 2
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Is France a "No DMCA (Offshore?) Hosting Provider"?

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Comments

  • Ole_JuulOle_Juul Member
    edited July 2015

    I don't think that the laws are the most important consideration here. If you get sued, it will likely cost you lots of money, even if you win. You do not want to go to court - and that can happen regardless of what the law says.

    The relevant aspect here, is how likely you are to get a complaint (or takedown request, or law suit). If this involves music/movie rights organizations then the likelihood is fairly high if your attain any profile - and the country is not very relevant here. Even sites in Romania got hit with big legal troubles a few days ago.

    Perhaps the most important legal aspect is not what jurisdiction the servers are located in, but rather where you are located or registered. If you are a company, perhaps you should register in Seychelles. IIRC a suit brought against a Seychelles registered company would require a lawyer to be registered there in order to be valid. That's a high bar, and one of your best protections.

  • 4n0nx4n0nx Member

    Ole_Juul said: If you get sued, it will likely cost you lots of money, even if you win.

    That's what you get legal expenses insurance and liability insurance for

  • RE: DMCA

    The DMCA actually offers you some protection. I'm not sure why you wouldn't want it, or something similar. It's section 512 with the "notice and takedown" which offers an easier way than just getting sued directly. IOW, you get a notice and if you take down the offending material, you're good. In Canada we have a much more fair system. It's called "notice and notice". That way you don't get the unfairness of someone censuring the content even though they're wrong, and perhaps know that they are. That's called DMCA abuse.

  • Ole_Juul said: The DMCA actually offers you some protection. I'm not sure why you wouldn't want it, or something similar. It's section 512 with the "notice and takedown" which offers an easier way than just getting sued directly

    because it's US LAW, it's quite simple really.

  • DMCA being a US law doesn't always make a difference...

    "A judge ruled on Friday that a 23-year-old student can be extradited to the United States for running a website posting links to pirated TV shows and films, despite significant doubts over whether such sites break any UK laws."

    theguardian.com/law/2012/jan/13/piracy-student-loses-us-extradition

  • alaningus said: "A judge ruled on Friday that a 23-year-old student can be extradited to the United States for running a website posting links to pirated TV shows and films, despite significant doubts over whether such sites break any UK laws."

    That only works in a few countries however, he just had bad luck to be in UK - Austria, Germany and most eastern european countries do never, under any circumstance, extradite their own citizens (in Germany that is even in the constitution).

  • alaningus said: DMCA being a US law doesn't always make a difference...

    "A judge ruled on Friday that a 23-year-old student can be extradited to the United States for running a website posting links to pirated TV shows and films, despite significant doubts over whether such sites break any UK laws."

    theguardian.com/law/2012/jan/13/piracy-student-loses-us-extradition

    I followed that story and was certainly on Richard's side regarding the extradition. However, that was a situation where the material was not taken down, and O'Dwyer continued doing what was under consideration. From that article:

    "revenue of £15,000 per month. When US customs agents seized the site in 2010 it was replaced immediately with a slightly different domain name"

    That's pretty high profile. Is this what the OP plans to do?

  • " It did not directly host any files, which meant, according to the student's lawyers, that it acted as little more than a Google-type search engine and did not breach copyright."

    This is what fucks me off

  • alaningus said: DMCA being a US law doesn't always make a difference...

    it does. Richard was clearly ignoring requests (even valid UK based ones from what i know) i do not respect US laws. and why should i. I dare you ask a bunch of republicans from the US if they would respect UK laws in America.

  • alaningusalaningus Member
    edited July 2015

    @TarZZ92 said:

    "significant doubts over whether such sites break any UK laws."

  • TarZZ92 said: Richard was clearly ignoring requests (even valid UK based ones from what i know)

    He can ignore DMCA all day long, and probably acted on EUCD else there WOULD be a CLEAR violation of UK/EU laws and he WOULD be prosecuted in UK already (as others before).

    The site itself is, as even lawyers and MPs noted, probably either legal or just a minor offence in UKs law books.

    Thanked by 2alaningus vpsGOD
  • @DalComp said:
    I know, but gov can anytime decide to strictly enforce the laws.

    True, but if you're not high profile, what are the chances?

  • doghouchdoghouch Member
    edited July 2015

    @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 recognize that TOS anywhere... Any knowledgeable personperson would know that this TOS was made using Webmaster's Cavern :p

  • fitvpnfitvpn Member

    Need add pool. Will be interesting.

  • K4Y5K4Y5 Member

    @CriticalNASA said:
    I'm interesting in DMCA ignoring. My favorite hoster for how - bpw.sc

    @CriticalNASA said:
    Personally, I prefer NL. But I take VDS in Russia for few months and support from https://bpw.sc advice me NL for adult site. Since convinced that NL really better.

    https://www.lowendtalk.com/discussion/77534/paid-shilling

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