DMCA - what does that mean?

Discussion in 'Site & Server Administration' started by sharmaine, Jul 26, 2008.

  1. #1
    Hello

    I received an email notification from Rapidshare informing us that his server has received numerous "DMCA complaints" and is currently shut down. (I hope I can refund my money though because I barely use this account and now my $20 is gone!)

    Im wondering what DMCA means. I thought if server is offshore, police cannot shut the server down. Can you please enlighten me with this?

    Thanks
     
    sharmaine, Jul 26, 2008 IP
  2. royo

    royo Peon

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    #2
    Haha, it doesn't matter how offshore it is, if it's hosting warez it can get shutdown. Don't believe what every random buffoon tells you in order to sell you something, and 20$ lost is not really a lot of money, move on.
     
    royo, Jul 26, 2008 IP
  3. qprojects

    qprojects Peon

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    #3
    http://en.wikipedia.org/wiki/DMCA

     
    qprojects, Jul 26, 2008 IP
  4. sharmaine

    sharmaine Peon

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    #4
    thanks for the information. If i got scammed only once with $20, i dont mind. But if i got scammed with more than one person, now even $20 means a lot to me.

    thanks, I read the wikipedia and it states there that DMCA is a a United States copyright law. How can U.S. chase a server from Netherlands? Netherlands is a free country.. even drugs there are legal
     
    sharmaine, Jul 26, 2008 IP
  5. IwhiC

    IwhiC Peon

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    #5
    Read this part of it..

    It also heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998 by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended title 17 of the U.S. Code to extend the reach of copyright, while limiting the liability of Online Providers from copyright infringement by their users.

    And the neitherlands is not a totally safe country to host warez
    Read this.
    http://news.zdnet.co.uk/software/0,1000000121,2101622,00.htm

    They are cracking down all all warez in all countrys (not sure why you would want to host warez in the first place) People but a lot of time and money into the creation of their software for people to still it..

    I would not worry about your 20.00 as you could be facing alot more then that for hosting the illegal content.
     
    IwhiC, Jul 26, 2008 IP
  6. ZaxiHosting

    ZaxiHosting Well-Known Member

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    #6
    Your hosting provider HAVE NOT scam you.
    It was your responsibility that you had receive the DMCA
    Your provider had give you the server/service.
    It is your fault.
    Regards
     
    ZaxiHosting, Jul 26, 2008 IP
  7. magicworld11

    magicworld11 Well-Known Member

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    #7
    Hello,

    Does DMCA only applies on US/CANADA? If somebody is hosting server outside US/CANADA, can DMCA shut down there services?

    clear plz
     
    magicworld11, Jul 26, 2008 IP
  8. E-IndiaWeb

    E-IndiaWeb Well-Known Member

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    #8
    Thats right. If your server is in HK or China no one give a damn to DMCA notices unless they are bothered heavily. My US DC simply null the server within a min but HK server don't bother.
     
    E-IndiaWeb, Jul 26, 2008 IP
  9. DeenaEsq

    DeenaEsq Peon

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    #9
    Yes, most countries have agreed to honor the DMCA. As signatories to the WIPO Copyright Treaty, most countries will honor the DMCA or similar provisions under the Berne convention. The list of the 184 member states of WIPO can be found at wipo(dot)int/members/en/. The link will tell you what treaties each country has become a signatory to...

    Let me know if you have other questions.

    Deena Burgess, Esq.
     
    DeenaEsq, Jul 26, 2008 IP
  10. Freddy

    Freddy Banned

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    #10
    DMCA notice counts everywere! And no one gets away from it, not Netherlands, Hong Kong and all these shit countrys...

    But the difference is that the countrys you call "Offshore" just don´t care about the DMCA notices! Usually the DMCA notices is sent from USA as they are the ones that define "Illegal" and "Legal"

    But if the country and the gouverment of Netherlands gives a shit about DMCA notices from USA! Then its not much USA can do, therefor they have simply been "ignored" and not prioritized!

    But recently the countrys like sweden and Netherland has priortized DMCA notices more and therefor the DCs etc gets consequences!

    On the other hand, Rapidhare has never stated that they are offshore have they? ;)
     
    Freddy, Jul 26, 2008 IP
  11. sharmaine

    sharmaine Peon

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    #11
    Excuse me Iwhic, but I hope you get your facts straight before you insinuate anything.

    I am NOT and do not want to host warez. I am just curious of what DCMA means and how Rapidshare's server was shut down considering it's located in Netherlands (offshore).

    So I just hope next time please do not assume when replying to posts.

    Thanks for the information though.


    And same goes to you, ZaxiHosting. Please be careful of the words you are saying here. Do not assume anything when you're not even sure of it. Questioning what DCMA means and how it affects server located in Amsterdam does not mean the person questioning is hosting illegal files. Please be aware of that. Thank you.

     
    sharmaine, Jul 26, 2008 IP
  12. IwhiC

    IwhiC Peon

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    #12
    Yes Freddy is correct




    Rapidfire is who I believe he means (correct me if i am wrong)

    http://forums.digitalpoint.com/showthread.php?t=902953

    He does state that it is offshore in his post but some one commented that it was in the UK... so not sure where the server was located at...

    But there are alot of people assuming that just because the server is not in the USA that they can do what they want and how they want.. That is not the case..

    Where is this server located and what data center..
    Sharmaine
    I do apologize as I was not referring to you personally I was referring to anyone in general
     
    IwhiC, Jul 26, 2008 IP
  13. Seaji

    Seaji Banned

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    #13
    Greenland isn't on that list ;)
     
    Seaji, Jul 26, 2008 IP
  14. sharmaine

    sharmaine Peon

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    #14
    apology accepted :) thanks for the information you gave. Maybe the reason why Im asking also is because I am seeing a lot of threads also where it says offshore hosting everything allowed that's why I was surprised that even a Netherland server can be affected by DCMA
     
    sharmaine, Jul 26, 2008 IP
  15. InFloW

    InFloW Peon

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    #15
    I'd like to make a point that using offshore hosting still does not protect you if you're also not in a foreign country who does not care. This also goes for the host as well what happened if they're from the United States and they have their place raided? Well whomever will get the information of customers then could very well go after them as well.

    It's really shady doings all around and frankly I don't think it's worth the risk offering or using of such a service.
     
    InFloW, Jul 27, 2008 IP
  16. Freddy

    Freddy Banned

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    #16
    I do mean Rapidshare, as this is the company the OP was talking about right? I know that Rapidshare hosts alot of illegal files, but i don't think that they have ever stated that they are offshore!

    Thanks,
    Freddy
     
    Freddy, Jul 27, 2008 IP
  17. sharmaine

    sharmaine Peon

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    #17
    Freddy,

    Rapidshare did tell they are offshore
     
    sharmaine, Jul 28, 2008 IP
  18. Freddy

    Freddy Banned

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    #18
    Hey,

    Yes, they might have said that they are "offshore" But what i ment with my sentence is that i dont think that Rapidshare has ever gone out saying that they support or allow illegal files hosting!
     
    Freddy, Jul 28, 2008 IP
  19. OneTwoThree

    OneTwoThree Banned

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    #19
    Offcourse they cant say that openly...
     
    OneTwoThree, Jul 28, 2008 IP
  20. arowana

    arowana Peon

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    #20
    Thats business for them :D
     
    arowana, Jul 29, 2008 IP