Linking to Copyright videos on veoh, dailymotion...

Why do people think this all the time. The US is covered by the DMCA policy (they created the fucking thing), which clearly states you cannot host or link to copyright material.

Find a server in Hong Kong, Malaysia, Amsterdam etc. Countrys which havn't signed the DMCA policy. Then you can email that lawyer and tell him to go fuck himself.

They may try the whole 'The DMCA says this...'. Just tell him that US law covers US only and not the entire world like the Americans seem to think.

For those of you that wanna argue back with me let me tell you something.

I have been in the warez scene for over 4 years and run warez forums and hidden networks for 3 of those years. I get emails almost daily from idiot poeple trying to scare me into removing copyrighted material. Don't try and tell me things that most of you clearly do not have a clue about.

I have been through this before with other DP members and frankly im getting sick and tired of hearing people talk crap and claiming they know what there talking about.

 

There's a key distinction that you're missing here.

It may be true that the laws of whatever country the server sits in will govern the folks running those servers. That's not the OP's problem.

Rather, the OP has to contend with the fact that they live in the US - thus US law applies to them. So, even if they move their host to Malaysia (or SeaLand for that matter), THEY will be held responsible for the violations that they create or induce.

No one is saying that the DMCA applies to non-US folks. What we are saying is that if a US-based person uses a non-US-based server, the US-based person is going to have to comply with US law. If they try to say "I don't have to remove it because my server isn't in the US", the plaintiff can (and will, in many cases - do a little research on Disney), take the judgment rendered in the US against the US-based person and then go to the foreign jurisdiction for enforcement.

If the foreign jurisdiction is a Berne Convention signatory (visit wipo . int/treaties/en/ip/wct/index.html to check), then as a part of being a signatory, that country agreed to enforce the copyrights held by the other signatory countries. So, in the event that the plaintiff's lawyers tied the entire case to copyright violations (the DMCA is part of US copyright law, so a DMCA violation IS a copyright violation), they will be able to gain Berne Convention signatory country support for enforcement.

As you can tell, this is a long and arduous process. A simple take-down notice from a copyright holder to a foreign corporation isn't workable. As many of you continue to harp on, the foreign corporation can ignore the letter. But if the "legal" process is followed, and you've got a US copyright being violated and a US-based defendant, then it's possible for the plaintiff to eventually have a foreign court force a foreign company to take action.

Oh, and might I suggest, regardless of what you believe your legal position may be, that you never tell a lawyer to "go fuck himself"? Some might take offense to it. But most will see it as a challenge. And the right lawyer plus a wealthy copyright holder can still make your life miserable - even if they don't really expect to win. Within the US, for example, the cost of simply defending against a suit like this can cost upwards of $200,000. And again, in the US, only if you win can you try to recoup your costs against the plaintiff.

 

hum... Interesting. I like these kinda conversations.

Im not sure what the score is regarding if the 'defendant' lives within the US and has their server in Malaysia (for example) so im not gonna comment on that.

However, i don't personnally live in US so it doesnt affect me.

I like a challange, thats why i do tell lawyers to go fuck themself and it does give them the message.

Many people i speak to within the warez scene do the same. (i.e. ThePirateBay) Take a look: http://thepiratebay.org/legal makes a good read and they usually get the point.