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I ask this as someone who is not fully across the ins and outs of DMCA. Linode has non-US data centres (eg Singapore). If the node hosting the content was just

I ask this as someone who is not fully across the ins and outs of DMCA. Linode has non-US data centres (eg Singapore). If the node hosting the content was just outside the US, would they need to do a take down? Or is the fact that Linode is a US-based company make this not matter.

ahje 7y ago
As someone who's worked in an abuse desk for an EU-based hosting business, I can confirm that: 1) American businesses will send DMCA requests for pretty much anything -- sometimes they request take-downs of their own local subsidiaries 2) Other foreign entities will send DMCA requests even though there is no way US laws could be applied on the complaining party, us (the host), or the customer. 3) In both of the scenarios above, there will be _a lot_ of noise when DMCA requests are rejected because US laws don't apply. Usually, we simply took the content down when it was obvious copyright infringement (Windows ISO images and so on -- yes, people still put stuff like that on their web sites), as that is a TOS violation, and TOS violations is something a host can handle regardless if the legal status of the content. If the customer claimed they owned the copyright on some original content we simply told the people complaining to go through the local courts instead of invoking foreign laws. Obviously, we have complied in a few cases where one of the new guys handled complaints about businesses' own web sites or subsidiaries' web sites. Laughs were had. I don't know how a US host acting abroad would handle it though. I suspect they would apply the same rules everywhere.