Question about DMCA and Offshore Local Law

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  • fris
    Too lazy to set a custom title
    • Aug 2002
    • 55679
    #1

    Question about DMCA and Offshore Local Law

    Example: You have an offshore server, which responds to requests that violate local law, not US Law

    If google sends you a take down request, because DMCA is a US Law, what will happen if the host does not take action.

    Will Google just Delist that url?
    Since 1999: 69 Adult Industry awards for Best Hosting Company and professional excellence.
    Tags: None
    • Publisher Bucks
      Confirmed User
      • Oct 2018
      • 1330
      #2
      Many foreign countries will honour DMCA requests because those countries have similar laws / treaties relating to copyright, such as the Berne Convention.

      I would imagine if they got a DMCA notice that was not acted upon, they'd eventually remove the content as per the law.
      Extreme Link List - v1.0

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        • fris
          Too lazy to set a custom title
          • Aug 2002
          • 55679
          #3
          Originally posted by Publisher Bucks
          Many foreign countries will honour DMCA requests because those countries have similar laws / treaties relating to copyright, such as the Berne Convention.

          I would imagine if they got a DMCA notice that was not acted upon, they'd eventually remove the content as per the law.
          servers in moldova only act per local law
          Since 1999: 69 Adult Industry awards for Best Hosting Company and professional excellence.

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            • Publisher Bucks
              Confirmed User
              • Oct 2018
              • 1330
              #4
              Originally posted by fris
              servers in moldova only act per local law
              Which... As Moldova is a country that is part of the Berne Convention, includes honoring claims of copyright infringement
              Extreme Link List - v1.0

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                • ross bleustein
                  Confirmed User
                  • Jul 2015
                  • 233
                  #5
                  Originally posted by fris
                  Example: You have an offshore server, which responds to requests that violate local law, not US Law

                  If google sends you a take down request, because DMCA is a US Law, what will happen if the host does not take action.

                  Will Google just Delist that url?
                  Yep, Google says , see ya

                  [email protected]

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                    • adrenochrome
                      Confirmed User
                      • May 2024
                      • 74
                      #6
                      I wish everyone would get on the same page about DMCA notices, counter notices and copyright laws.
                      We recently had someone file a frauduent abuse claim, so we confirmed with sponsor/content owner, that they ownd the content and would or would not take it done. Some pictures. They said content is staying up. They own it.

                      Sent their reply back to our host and asked them to forward to the complainanit.
                      Host said not our job, so we did it instead. No reply from complainant. In the meantime the host emailed us and said they forcibly removed the content. Wrong action completely on their part.

                      The original complaint was a case of model's regrets, moving on, however the complaint read the model owns the content. Completely false.
                      Slightly Fucked Sandwiches.

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                        • INever
                          Confirmed User
                          • Jan 2005
                          • 4031
                          #7
                          Originally posted by adrenochrome
                          a case of model's regrets.
                          They never offer to return any of the money they were paid.

                          I love Camdough

                          airvpn

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                            • Brad Mitchell
                              Confirmed User
                              • Nov 2001
                              • 9813
                              #8
                              Originally posted by adrenochrome
                              I wish everyone would get on the same page about DMCA notices, counter notices and copyright laws.
                              We recently had someone file a frauduent abuse claim, so we confirmed with sponsor/content owner, that they ownd the content and would or would not take it done. Some pictures. They said content is staying up. They own it.

                              Sent their reply back to our host and asked them to forward to the complainanit.
                              Host said not our job, so we did it instead. No reply from complainant. In the meantime the host emailed us and said they forcibly removed the content. Wrong action completely on their part.

                              The original complaint was a case of model's regrets, moving on, however the complaint read the model owns the content. Completely false.
                              Your host followed the law. Even if it’s a bogus complaint the content still has to come down before it goes back up and there is a process for your counter-affidavit. This really sucks because there is a lot of inaccurate DMCA lately, but the teeth to the law actually allow you to sue the complaining party as a false DMCA is subject to liability. Unfortunately nobody is ever suing these companies and holding them accountable.

                              Brad
                              President at MojoHost | brad at mojohost dot com | Skype MojoHostBrad
                              71 industry awards for hosting and professional excellence since 1999

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