Location of the site hosted

Discussion in 'Legal Issues' started by Ruriko, Sep 1, 2011.

  1. #1
    Let's say I'm using Godaddy's free DNS servers which points to USA ip but all my A records point to NL ip so will the people who send DMCA will they know that the site is located in NL and not USA?
     
    Ruriko, Sep 1, 2011 IP
  2. attorney jaffe

    attorney jaffe Member

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    #2
    I think you are missing the point here. The DMCA provides a safe harbor against copyright violations if the proper proceedures are in place on your site. A DMCA notice is only effective if your site specifically provides the qualifying proceedure for receiving a DMCA notice and has a registered agent listed with the U.S. copyright office.

    Whether your site is in the U.S., the Netherlands or Austrailia, if you don't have a DMCA policy on your site, the DMCA does not apply. You simply ignore the notice and accept the consequences, which may or may not be in your best interests.
     
    attorney jaffe, Sep 2, 2011 IP
  3. Dave Zan

    Dave Zan Well-Known Member

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    #3
    If they know enough about DNS records, or if Go Daddy "educates" them sufficiently, sure. Or you could consider
    also attorney jaffe's post.
     
    Dave Zan, Sep 2, 2011 IP
  4. nirajkum

    nirajkum Active Member

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    #4
    it is not about DNS it is about where you are hosting your website if it is hosted on godaddy surely it will affect you as all the server are in US
     
    nirajkum, Sep 6, 2011 IP
  5. Law-Dude

    Law-Dude Active Member

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    #5
    Since GoDaddy would be listed as the host in the Whois record, someone could serve a DMCA notice on them, then use that notice as the basis for a subpoena against GoDaddy for information about the servers (and your name, and your account, and your address, and what credit card company you use, etc).

    Anyway, hosting in the Netherlands make make it harder for someone in, say, the United States to go after you, but not impossible. See: http://www.aaronkellylaw.com/Intern...pyright-Infringement-in-the-Netherlands.shtml

    You should just avoid copyright infringement altogether.
     
    Law-Dude, Sep 6, 2011 IP
  6. vpsrack

    vpsrack Peon

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    #6
    If you do a PING on CMD you can get your IP, if you do a NSlookup you can get your NS records also, DNS is very different than A records. Any one can see your DNS and A record( where is actual site hosted) through domaintools.com
     
    vpsrack, Sep 9, 2011 IP
  7. vangel

    vangel Active Member

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    #7
    I think the question TS was posing is whether the body serving notice/legal threats from USA understand that the site and person are not within US legal jurisdiction. Correct me if I am wrong about the question. So the question is whether merely having DNS or registrar in the country automatically makes your site governed by the local law?

    My own research suggests that the webmaster/owner must specify in their TOS/Legal page that in case of legal dispute which country's jurisdiction will it fall under. This usually is the country where the organization/individual is the resident of.

    I am not a legal person, but I believe such things should be answered by someone who is more qualified.
     
    vangel, Sep 10, 2011 IP
  8. Rukbat

    Rukbat Well-Known Member

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    #8
    GoDaddy is a US corporation, and can't legally host sites that violate US law. So even if the site owner is located in a country in which the site would be legal, GoDaddy can be forced to take it down. (And the US government has been known to take action against foreign nationals in their own countries, even though that's a violation of local and international law.)
     
    Rukbat, Sep 11, 2011 IP
  9. vangel

    vangel Active Member

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    #9
    Seeing the original meesage it is clear that godaddy is not hosting the site. Its only hosting DNS. this is how wikileaks was brought down. The DNS could not be hosted anywhere in US.

    US government cant take action always, only in countries where they are awarded such privilege, most countries who would rather not get on the bad side if US. In any case the US Gov is different. What about US private org and individuals, surely they cant have that much weight outside US right?
     
    vangel, Sep 12, 2011 IP
  10. NetBastard

    NetBastard Active Member

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    #10
    It all depends on the offshore company you use to host your websites at. The domain doesn't matter, but if the offshore company is willing to interact and comply with the gov. you might have a problem. Usually, you should be ok.
     
    NetBastard, Sep 12, 2011 IP
  11. shanmarsh2

    shanmarsh2 Peon

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    #11
    Another way for you to check the site's host (or sometimes upstream provider, eg. dedicated server provider, datacenter, bandwidth provider, etc
     
    shanmarsh2, Sep 16, 2011 IP