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I regularly receive DMCA outside of America, which I wished I could reply to "your law doesn't apply to me, cite the right one in my jurisdiction or get lost".
by BiteCode_dev 2y ago
I regularly receive DMCA outside of America, which I wished I could reply to "your law doesn't apply to me, cite the right one in my jurisdiction or get lost".
But I can't.
Because my hosting will process those by default and shut my sites down unless I just comply to the take down, no matter how legitimate it is.
It can be even a bogus take down from a US point of view, or even a take down for a non existing content.
Doesn't matter. I have to show that I comply, or 48h later, my server is shut down.
That's seriously messed up.
- patmorgan23 2y agoThe DMCA is the United States implementation of the World Intellectual Property Organizations treaties. So there likely is an equivalent statute in your jurisdiction.
- bornfreddy 2y agoIt doesn't matter. DMCA is an implementation of the IP protection (and a very biased one). While the treaties might agree on the principles, fortunately most other countries don't have an equivalent mechanism. "Yet.", a pessimist would add.
- cqqxo4zV46cp 2y agoNot really sure what the point of this comment is to be honest. Other jurisdictions didn’t simply copy and paste the DMCA. OP’s desire to be threatened in terms of the regulations that they’re actually beholden to is completely valid. Because, spoiler alert, international treaties aside, not every implementation is as terrible as the DMCA.
- Teever 2y agoIs this actually true? I was under the impression that the DMCA came first and then similar stuff was put into WIPO treatries but not necessarily ratified or fully implemented in the domestic copyright law of other countries.
- remram 2y agoIf your hosting provider is a US company, you might be wrong about this law not applying to you.
- BiteCode_dev 2y agoOf course it's not.
- gunapologist99 2y agoCheck the terms of service and the acceptable use policy of your host; even if the DMCA doesn't apply to you directly, it would apply to a U.S. based host, and you agreed to their terms when you became their customer.
- BiteCode_dev 2y agoUS based host? Their terms?
- deleted 2y ago[deleted]
- MrOwen 2y agoYou're aware hosting companies can have locations in multiple countries but still be controlled by a parent company in the US? So if the US parent company doesn't play ball, that has the potential for downstream issues in the other hosting locations. Easier/safer as the company to just play ball. If you're so concerned about this, find a host based and run solely from a safe country and not controlled by a US-based entity.
- BiteCode_dev 2y agoIt's not. I have selected my hosting specifically for this.
- immibis 2y agoIf your hosting provider is in the EU, the Digital Services Act shields them from liability for hosting illegal content, provided they respond swiftly to takedowns, which is why they do.