3 ms·
If the perjury jurisdiction can't reach India, then maybe the DMCA notice shouldn't reach the USA. At the very least, it would be a good example case to bring u
by pyre 14y ago
If the perjury jurisdiction can't reach India, then maybe the DMCA notice shouldn't reach the USA. At the very least, it would be a good example case to bring up with your Congress-critter about changing the DMCA.
- belorn 14y agoThat would imply that US originated DMCA notices shouldn't reach outside the US.
- joejohnson 14y agoYeah, maybe they shouldn't.
- pyre 14y agoIf the penalties for abusing the DMCA can't reach outside of the US, then why should the benefits?
- marvin 14y agoI think this was tongue-in-cheek; many in the US (including official people) treat the DMCA as if it was an international law. At the very least, this behavior exists on general copyright issues.
- belorn 14y agoYes. DMCA had for example a real impact on the TPB case in Sweden. Any work that would start implying that DMCA notices should stop at the border, would run into the lobbyists. (I guess I should consider Poe's law a bit more in the future.)
- PeterisP 14y agoWell, US originated DMCA notices already don't reach outside the US. If I'm outside US jurisdiction (i.e., I'm not there, won't be there and I'm not a company with a branch or sales in USA), then DMCA doesn't apply to me. They might send a notice accidentally, but they generally don't bother since they can be safely ignored and usually are. The local laws do apply, so USA tried to bundle DMCA-style provisions in some international trade agreements; but in general there are a bunch of things (such as breaking DRM or selling jailbreak kits) that are restricted by DMCA but explicitly legal in many countries.
- dangrossman 14y agoThe DMCA safe harbor provisions apply to service providers, not to their customers. They exist to remove the service provider's liability for unknowingly infringing copyrights -- WordPress is allegedly infringing by distributing this material, not just the author that uploaded it to the blog. What matters here is (a) where the service provider is, not where you are, and (b) whether the service provider wants to be immune to an infringement lawsuit in the US. They may be sued domestically even if a judgement can't be enforced, and they may prefer to do the minimal actions necessary to get the safe harbor protection so their future potential business with the US isn't threatened. Copyright is enforced internationally, and there are many businesses outside the US that will happily comply with the notices. There's no downside, complying turns "you are possibly doing something illegal and could be sued" to "you cannot be sued even if what you're doing is illegal".
- PeterisP 14y agoYes, of course, I'm not talking about customers of third-party service providers - since such customers don't receive DMCA notices, ever. DMCA applies to Automattic who run Wordpress.com, but doesn't reach to the multitude of other Wordpress hosts outside USA. Pure copyright violations are illegal almost everywhere, so non-US entities may likely honor such DMCA notices - although to them, they are just normal complaints/threats with zero effect on whatever safe harbor provisions apply in their country. But for the DMCA-specific provisions (distribution of jailbreaks, console-DRM-mods, etc) they can be ignored if there are no local prohibitions against that.