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  1. #1
    Join Date
    Jan 2007
    Posts
    360

    Ok, how do ofshore servers work? I am confused... Help please

    Ok, how do ofshore servers work? I am confused... Help please

    I was streaming some sport show to public on MMS links through a server which is in US i suppose. So after 2-3 days i get this letter from a company to close the stream down as i didnt take permission from them. And my host forced me to close it down.

    If i get a server ofshore, and stream the same thing to public, what can the companies to about it?

    The ofshore wont care, and i will be streaming still with their notice, but what will they do? Just walk away? or will it get more serious?

    Alittle help here please.

  2. #2
    Join Date
    May 2007
    Location
    United States
    Posts
    595
    It depends.
    You may have problems being located in the US, because of Intellectual Property Rights laws, but then, while your servers are in a country that doesn't have such laws, you may be safe, because basically, they can't do anything about it.


  3. #3
    Join Date
    Jan 2007
    Posts
    360
    So thats it? They cant do anything about it? I dont think it will be that simple...

  4. #4
    Join Date
    Nov 2002
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    WebHostingTalk
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    8,878
    Quote Originally Posted by awaisuk View Post
    So thats it? They cant do anything about it? I dont think it will be that simple...
    Here's an idea... if you're geting DMCA takedown notices, comply with them and stop hosting illegal content.

    If you arent doing anything wrong, you shouldnt have a problem hosting with a reputable hosting company.

    Sirius
    I support the Human Rights Campaign!
    Moving to the Tampa, Florida area? Check out life in the suburbs in Trinity, Florida.

  5. #5
    Join Date
    Jan 2007
    Posts
    360
    Well i dont know what DMCA is, but i still want to host the content i wish, but without recieving those notices.

    My main question is, even if my server is offshore, and i cant get notices, will they just walk away or will it get serious for me?

  6. #6
    Join Date
    Apr 2006
    Location
    barnsley uk
    Posts
    401
    it still could get serious if you live in a country with copyright laws

  7. #7
    Join Date
    Jan 2007
    Posts
    360
    What if i live in a country thats got no problems with that?

  8. #8
    Join Date
    Mar 2005
    Posts
    520
    If you are talking about DMCA laws, they only apply in USA. Most US companies just send it to anyone

    Make sure you know local laws about copyright depending on where you get the server.
    ||| HostEcon.com - Professional Off-Shore Hosting Provider
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  9. #9
    Most hosts in most countries will comply with DMCA takedown requests. With the exception of Russia and some other small countries (not that Russia is small(leave me alone FSB)) but streaming other peoples content is still wrong and someday they will catch you ;-)

  10. #10
    Join Date
    Aug 2004
    Location
    Karachi, Pakistan
    Posts
    747
    Most companies will comply, and if the content owner is serious, as they usually are, with the off-shore server market notorious for hosting unlicensed content, the content owner can serve a notice to the upstream provider (which in most cases are international companies) and can request closure of IP &/or link. This has happened a few times in the region here - but I should cite, the muscle of the content-owner had a lot to do with this.
    "I drink too much. The last time I gave a urine sample it had an olive in it. ".
    Rodney Dangerfield (from "I Get No Respect!").

  11. #11
    Join Date
    Dec 2007
    Posts
    64
    Most companies will comply with DMCA laws and that is problem. I am not supporting illegal content but I think there should be proven legal standing. Every person should not be able to send a leter and making a claim which forces the datacenter to take down the site or face being legally responsible if LATER to be found true. This is guilty until proven innocent. This is the main reason I host offshore. The company I am with highsecured.com will not shut you off unless a Panamanian court orders them to do so. This is near impossible to do unless money laundering or trafficking fire arms or humans. I would suggest you look there for your hosting.

  12. #12
    Join Date
    Dec 2007
    Location
    Nassau, Bahamas
    Posts
    19
    Greetings.

    If you are stealing someone else's content and posting it on your own site(s), I don't think you will find many hosting companies, offshore or otherwise, that will want your business!

    Regards,
    Richard.

  13. #13
    Join Date
    Jan 2003
    Location
    Chicago, IL
    Posts
    6,889
    Quote Originally Posted by OSHS View Post
    Most companies will comply with DMCA laws and that is problem. I am not supporting illegal content but I think there should be proven legal standing. Every person should not be able to send a leter and making a claim which forces the datacenter to take down the site or face being legally responsible if LATER to be found true. This is guilty until proven innocent. This is the main reason I host offshore. The company I am with highsecured.com will not shut you off unless a Panamanian court orders them to do so. This is near impossible to do unless money laundering or trafficking fire arms or humans. I would suggest you look there for your hosting.
    If you feel a DMCA is filed incorrectly you can respond to the DMCA with a properly formatted counter-letter and immediately put the content back up. Worst case you might need to keep the content down for a day as proof that you initially complied with the DMCA, etc.

    To me, the DMCA seems to be quite reasonable in that regard, as in the end it completely removes the service provider from any liability or needing to make any judgements, other than whether or not the DMCA is a properly formatted DMCA, and we have rejected many DMCA notices for not providing all the required information.
    Karl Zimmerman - Steadfast: Managed Dedicated Servers and Premium Colocation
    karl @ steadfast.net - Sales/Support: 312-602-2689
    Cloud Hosting, Managed Dedicated Servers, Chicago Colocation, and New Jersey Colocation
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  14. #14
    Join Date
    Dec 2007
    Posts
    64
    I have to disagree, I have an associate that does not host the content but links to it and is in federal litigation. I recommend highsecured.com to him and they now represent him legally and host his offshore dedicated servers. His sites are up and it is up to the courts to decide if what he is doing is illegal. I say switch to the offshore host that accepts your content such as highsecured.com and forget the U.S. drama.

  15. #15
    Join Date
    Jan 2003
    Location
    Chicago, IL
    Posts
    6,889
    Quote Originally Posted by OSHS View Post
    I have to disagree, I have an associate that does not host the content but links to it and is in federal litigation. I recommend highsecured.com to him and they now represent him legally and host his offshore dedicated servers. His sites are up and it is up to the courts to decide if what he is doing is illegal. I say switch to the offshore host that accepts your content such as highsecured.com and forget the U.S. drama.
    I apologize, after providing the counter notice you need to keep it down for 10 days and can then put it back up, assuming a court order has not been filed within that 10 days. Still, provide a counter letter and you can put the content back up. Also, by providing a DMCA they are saying that what they say is true under penalty of perjury, so if you are served an inaccurate DMCA and face damages from the content removal, you can sue them for damages.

    Also, for your example, linking to copyrighted material, etc. is not against the DMCA and the DMCA would have no bearing in that situation.
    Karl Zimmerman - Steadfast: Managed Dedicated Servers and Premium Colocation
    karl @ steadfast.net - Sales/Support: 312-602-2689
    Cloud Hosting, Managed Dedicated Servers, Chicago Colocation, and New Jersey Colocation
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