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fris 03-24-2025 12:00 PM

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?

Publisher Bucks 03-24-2025 12:55 PM

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.

fris 03-24-2025 03:18 PM

Quote:

Originally Posted by Publisher Bucks (Post 23359031)
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

Publisher Bucks 03-24-2025 04:39 PM

Quote:

Originally Posted by fris (Post 23359107)
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 :winkwink:

ross bleustein 03-24-2025 05:19 PM

Quote:

Originally Posted by fris (Post 23359001)
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]

adrenochrome 03-27-2025 02:36 PM

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.

INever 03-27-2025 06:19 PM

Quote:

Originally Posted by adrenochrome (Post 23360017)
a case of model's regrets.

They never offer to return any of the money they were paid.

:Oh crap

Brad Mitchell 03-29-2025 04:01 PM

Quote:

Originally Posted by adrenochrome (Post 23360017)
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


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