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  1. #1

    How to Avoid Being Taken Down by US Govt: ICE, Homeland Security, Dept. of Justice

    I was like "DOH!" when I saw my favorite sports streaming site, www.ATDHE.net was taken offline by the US Government. I was glad to see they got back online at: www.ATDHENET.TV, however they will soon be taken down again because they made the mistake of registering a ".TV" which is controlled by a US company, VeriSign, who will always cooperate with the Government.

    What they should have done and what you should do is detailed below by someone who studies IP Law, "SearchFreak", in the best article I've ever read on how to avoid website take downs by the over-reaching US Government:

    1: Avoid registering domains that are handled by VeriSign or Afilias.

    VeriSign operates .com, .net, .cc, .name and .tv while Afilias operates .info, .org, .mobi, .in, .me, .aero and more. If certain SEO or brand related issues are holding you back from avoiding these TLDs, I have my own experience to share to the contrary. Google will not punish your site if you have a .ch or .eu extension.

    2: Avoid using a US-based domain registrar.

    Do not choose the traditional GoDaddy’s of the USA. Please choose a Spanish, German, Dutch, Romanian or even Chinese registrar for your domains. Recent evidence shows that courts in the US will order companies like GoDaddy to hand over your domains without even notifying you.

    3: Avoid hosting your site with US companies.

    While you risk losing a domain name, you also risk being taken offline by, for example, an erroneous/competitor-directed or even justified DMCA request sent to your hosting provider. There are many examples where rights holders do more wrong than right, where entire websites are shut down because of a single post or message.

    If you care about your Internet business, you understand that even one day offline can cause a ripple effect that can take a month to recover from. Receive a penalty from Google and repeat customers can presume your site is down and shift to a competitor.

    4: Avoid incorporating as a US business. No more Delaware.

    Even if you are a US citizen, you can safely choose other jurisdictions: register your company in Ireland, in offshore locations, in the Netherlands or in Spain. Just search on Google and you will find many options, especially for internet businesses. Most likely, you will also pay less tax. Google does this too.

    5: Adopt a DMCA-like procedure to take down reported content.

    Are you running a YouTube-like website, a file cyberlocker, a UGC (user generated content) application of any kind or are you just a service provider for others?

    Then create a page on your website where you can accept requests for takedown of content using the guidelines of the DMCA.

    In order for the Safe Harbor in US Copyright law to be applied, you should also register an agent with the Copyright Office of the USA. It costs just $105. And come on, even YouPorn has a registered agent! You can do it too.

    When you receive a Take Down Notice, as they call it, please act on it. This offers the benefit of a history of respecting the law in its current form, however wrong or right you feel it is. This is important if you actually get into a lawsuit, as you will be able to present good evidence that you have acted within the constraints of the law. That’s what the Liability Limitation Act is for; you might win the lawsuit with a summary judgment by the judge.

    6: Legal uses of your product versus possible illegal uses.

    When the VCR was invented, the MPAA protested that it would copy them into oblivion. Nevertheless, the Supreme Court of the United States ruled in Sony Corp. of America v. Universal City Studios that the Betamax VCR had “significant non-infringing uses, and that the plaintiffs were unable to prove otherwise”.

    Make sure your products also fit into this description – significant non-infringing uses.

    7: Know the law, know the truth

    In the US, there is no clear evidence that linking to copyrighted content is illegal. My own analysis of the lawsuits that were directed at this important legal question show that all cases were settled or the defender (the site) lost by default (the owner was not present at the trial).

    In the European Union, the case of TV-Links.co.uk in the United Kingdom was won by the owner of the site.

    RapidShare has had significant success with copyright lawsuits brought against them by different companies. You will notice that RapidShare has taken care to abide by most of the steps above.

    8: Unite, work together

    While you are competitors in your respective business niches, remember that innovation and access to knowledge that you deliver is being threatened by organized and powerful companies that are working together.

    Learn to do the same. Whenever in doubt, re-read the words of Martin Niemöller.

    SearchFreak is an internet engineer who studies IP law. He serves as a chief executive of an Internet business that provides web services to millions each month. He is also offering advice regarding Internet businesses and startups. Time permitting, he will try to help those in need. Email searchfreak11[at]gmail.com.The above article can be read in full here: http://torrentfreak.com/how-to-stop-...rnment-110205/
    Last edited by DeluxeHost; 02-25-2011 at 08:38 AM.
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  2. #2
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    Sooner or later people need to take a stand (ie: Egypt) and show the scum bags within the US Government that enough is enough. Just like the war on drugs and that laughable war on terror, the war on piracy has been lost before it even began. This is all about corporate greed at the end of the day, and I'm sure many in the US Government feel that their resources are better spent elsewhere instead of tracking down low-level pirates and websites streaming football matches...

    It's all just a puppet show. A very expensive and pointless puppet show...

  3. #3
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    2: Avoid using a US-based domain registrar.
    While Chinese domain companys dont care about Warez, Terrorism, Drugs or anything Similar - 1 (ONE) Word about Taiwan being not part of the PRC, or 1 (ONE) Porn picture can lead to the discontinuation of your domain, and it being seized by the Chinese Government.
    So beware for what you use them, and be sure to have vackup Domains advertised on the Website itself.

    Some Additional things:

    9. Know the Countrys for your Content.

    • Spain allows Linking to Warez, if you dont make Profit from ads or similar - YOU can make profit, but NOT more than your server costs.
    • Iceland allows Free speech to even more extend than the US - But PORN is strictly forbidden.
    • Iran and Lybia dont care about terrorism, but Porn can bring you in serious trouble - also Pro Israel topics can bring you problems. In Addition, Iran does NOT accept foreign Copyright - this means you can legally host Warez and still comply with Iran's laws unless the work was PRODUCED IN IRAN BY AN IRANIAN.
    • Vietnam has the same laws as Iran, and only accepts local Copyright.
    • Antigua & Barbuda does not have Copyright at all, you can host anything Warez Related there.
    "Hurr durr look at dem offers section" (aka read mah signature) - WHT 2015

  4. #4
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    thanks for your usefull information,

    look like u.s.a doing a backward move about websites
    and they will become just like the other regime.
    please cmiiw always

  5. #5
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    Thanks for sharing this article. The information here can help lots of people around the web industry.

  6. #6
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    I think you also have to keep abreast of current treaties. My understanding is that the EU, and all of its member countries, is considering cooperating with US authorities on all copyright issues (I have forgotten the name of the treaty now in negotiations).

    Choosing a non-EU host and domain registrar is probably forward thinking if you are hosting a site you are worried about. But even if you aren't hosting anything controversial, there are steps you should take.

    The recent defamation of thousands of sites using a popular third party DNS service (afraid.org) with a DHS badge proclaiming the sites taken down due to "child pornography" should give you pause about using a third party DNS service.

  7. #7
    Quote Originally Posted by fshagan View Post
    I think you also have to keep abreast of current treaties. My understanding is that the EU, and all of its member countries, is considering cooperating with US authorities on all copyright issues (I have forgotten the name of the treaty now in negotiations).

    Choosing a non-EU host and domain registrar is probably forward thinking if you are hosting a site you are worried about. But even if you aren't hosting anything controversial, there are steps you should take.
    A great point! So perhaps ".eu" domains should also be avoided if we consider the way the EU maybe soon enforcing the same over-reaching rules that the US currently does.

    The scary thing about US Government over-reach is that you have reason to be concerned about your domain, site, or business being taken down even if you don't have questionable content on your site. When your competitors learn how easy it is to make the US legal system work against your site, they may take advantage of it. This is especially true if they have more money for their legal department than you. If you choose to defend your website, you may win, but the legal process to defend may cost you more money then you would have made form your site anyway. That's why so many site owners just give up and and take their site down when they receive a DMCA or Cease & Desist letter or don't show up in court. Competitors can challenge your domain under the US system by sending you a C&D letter accusing your domain of infringing on their trademark which can end up in an expensive court-like process called the UDRP http://www.icann.org/en/udrp/. That's why it may save you money in the end to avoid US companies all-together in the hosting of your domain, site, and business.

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    Last edited by writespeak; 03-01-2011 at 11:22 AM.
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  8. #8
    Good information:

    1: Panama - I will someday incorporate in Panama. From my research so far, Panama is like the new Switzerland in terms of a tax haven and respecting the privacy and freedom of businesses. They have favorable laws toward business and most importantly, they are not beholden to the US and don't rely on the US for aid. Panama appears to have as stable a government as any and doesn't appear to cave-in to US demands. When you incorporate in Panama, the owner of the company is public record but if you need anonymity, first establish a Panamanian foundation, then use that foundation to incorporate.


    This is slightly true. When you incorporate in Panama, setup a Foundation and a Corporation. It creates a loop of privacy. The foundation is formed by the company, and intern the company is owned by the foundation.
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  9. #9
    Quote Originally Posted by DeluxeHost View Post
    Make sure your products also fit into this description – significant non-infringing uses.
    That's essentially why all this is happening, isn't it?

  10. #10
    very good infos. keep em coming.

    OT
    is it possible to purchase domain names in a registrar then have it hosted or transfered to another hosting co. after two weeks?

  11. #11

  12. #12
    This really sucks that they are taking down any ones domain with, it feel soo bad if we've establised site and its taken down.

    and there are many other non-us hosts and domain registrar you can simply use them

  13. #13
    Join Date
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    Quote Originally Posted by misspink View Post
    Except don't say anything bad about the Chinese government or certain 'renegade' provinces

  14. #14
    Quote Originally Posted by tchen View Post
    Except don't say anything bad about the Chinese government or certain 'renegade' provinces
    Might have an "accident" in your sleep or while you're driving

  15. #15
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    or, host in russia, china etc and skip #5 altogether.

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