Web Hosting Talk : Web Hosting Main Forums : Dedicated Server : DMCA in US? how it works exactly?

[misterpadju]

hello,
i'm not from US so please forgive me my stupid questions.

i have 2 imagehoster and 1 tubesite and i am considering to host in the US.

when a host in USA get a DMCA about a copyright infringement:

a) stay in the DMCA file how long time the customer have to delete the content? or is the "deadline" anywhere other definied?
b) will be on a DMCA the personal data (name, street, country etc) of the site / webspace / server holder published? is there any right for that in US?
c) what is when a company send a DMCA, content will be removed, and after maybe 2 weeks is a new copyright infringement with the same company. is there any penalty (charge)? the host will kick me? what happend?
d) it is a most have to have a DMCA underside like this? youporn.com/dmca
when yes, is a email adress enough or i most publish all information about me?

and off course, i don't allow any copyright infringement image / video on my sites. but it's not possible for me to prevent it fully on user generated content.

thanks

[codeify]

It will vary from host to host but the general guidelines say in a reasonable amount of time.

A. We personally give clients 72 hours to remove the content before we take action.

B. The DMCA will only contain contact information pertinent to the copy right holder or its assigned agents.

C. Not that I am aware of, it is on a per infringement basis. If you did not remove the content and kept receiving more and more DMCA's they could take the previous into account if you are being sued.

D. You would need to an have abuse contact listed somewhere, whether its on a DMCA page or a ToS page. I would make sure its easy to find from your home page.

As for if you are required to put your personal information. I cant answer on that, as a business we have it listed but I do not know if its a requirement.

[Dan-CKS]

Just don't host in america, Host in Europe to avoid that dreadfull Act. And even worse the PATRIOT Act

[craig joe]

you can take youtube and google as an example of dmca

they're both in usa.

[codeify]

Originally Posted by Dan-CKS

Just don't host in america, Host in Europe to avoid that dreadfull Act. And even worse the PATRIOT Act

This is a nonsense statement. Many European countries have similar laws as the DMCA.

Ever heard of the European Union Copyright Directive? This act actually is a law in your country as well.

Getting back to an actual DMCA while the law itself does not have to be upheld by any country outside of the U.S. the copyright holder can still file a civil suit against you, win it and take it to the courts of your nation or hosted nation. Even still, most foreign hosts will still comply with a DMCA notice as ignoring them can tarnish their brand name.

[Dan-CKS]

Originally Posted by GotHostNet

This is a nonsense statement. Many European countries have similar laws as the DMCA.

Ever heard of the European Union Copyright Directive? This act actually is a law in your country as well.

Getting back to an actual DMCA while the law itself does not have to be upheld by any country outside of the U.S. the copyright holder can still file a civil suit against you, win it and take it to the courts of your nation or hosted nation. Even still, most foreign hosts will still comply with a DMCA notice as ignoring them can tarnish their brand name.

Nothing like the DMCA in Europe DMCA is an america law. Such as the Patriot act. @OP

Its likely your host will Chicken out and taken action on the notice even if they are based outside the US, its always imporant to challenge these notices as they could be fake.

[cartika-andrew]

Originally Posted by Dan-CKS

Nothing like the DMCA in Europe DMCA is an america law. Such as the Patriot act. @OP

there is nothing that protects copyright owners in Europe?

As for the Patriot Act - you really need to look at things more closely - MANY countries have similar acts - especially the G7 nations. Canada doesnt have the "Patriot Act", but, it has the "Anti-Terrorist Act" - which is essentially the same thing..

There are several similar acts all over the world - and explicitly in European nations - a quick wikipedia search will give you all sorts of information on this

http://en.wikipedia.org/wiki/Anti-terrorism_legislation

There is no European or Canadian exemption to this sort of legislation - its just not as well advertised outside the US. Its pretty well a global situation at this point..

[misterpadju]

so is there no problem to host in US. when i remove the content within 24 hours and when i have a underpage with dmca email adress. correct?

is netriplex.com a good choice? i have seen that many fun video sites from US used them. which datacenter in US has cheap traffic and good connection to middle of europe? (germany etc)

thanks