Question Regarding DMCA

Discussion in 'Legal Issues' started by wibblet, Jul 7, 2009.

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  1. #1
    I have a video site and recently I got a DMCA letter because I have some videos that do not belong to me, but rather another site. I paid uploaders to upload videos and apparently they got videos from paysites (adult website).

    My question is, if I get offshore hosting could this site still take me down via DMCA or is it just an empty threat?
     
    wibblet, Jul 7, 2009 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    The DMCA is good for US hosts, but they could still sue you or have your site removed from the search engines.
     
    mjewel, Jul 7, 2009 IP
  3. AHN-Jay

    AHN-Jay Peon

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    #3
    DMCA only applies in the USA. If you want to host copyrighted videos and want to ignore all copyright complaints I would recommend getting a server in Sweden.

    Here is a host located in Sweden: PRQ.SE
    I would also recommend getting a domain from them aswell. They are the same company that hosts The Pirate Bay so you should be safe with them.
     
    AHN-Jay, Jul 7, 2009 IP
  4. wibblet

    wibblet Banned

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    #4
    awesome thank you
     
    wibblet, Jul 7, 2009 IP
  5. mjewel

    mjewel Prominent Member

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    #5
    You can still be sued (and go to jail in extreme cases) regardless of where you host the files. The Pirate Bay owners found that out.
     
    mjewel, Jul 7, 2009 IP
  6. wibblet

    wibblet Banned

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    #6
    what if I do this

    when my visitors click on the video section it links to another domain with the files hosted on the offshore hosting. Since I am technically linking to another site can I still be responsible?
     
    wibblet, Jul 7, 2009 IP
  7. mjewel

    mjewel Prominent Member

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    #7
    In countries where linking is considered contributory infringement (like the US). So if you have a site hosted in the US that is linking to copyrighted files in another country, you can still be sued. If you reside in the US, you can be sued regardless of where the files are hosted. Remember, Pirate Bay didn't actually host any files.....
     
    mjewel, Jul 7, 2009 IP
  8. SuperPower

    SuperPower Guest

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    #8
    DMCA is US only. If your inside Europe there are Laws similar to DCMA called ECD.

    So by law yes they can make you remove them, empty threat...personally its not worth taking the risk. You will be liable for loss of sales from the original owner.
     
    SuperPower, Jul 17, 2009 IP
  9. ChrisMiller

    ChrisMiller Prominent Member

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    #9
    Actually they are Appealing that decision, Because there is no law in Sweden that says that it is illegal to 'Assist' people with Pirating software/Movies/Songs/Etc.

    And I don't think Google removes very much or if not any of the results in their search engine because sites like 'thepiratebay.org' would have been removed along time ago.
     
    ChrisMiller, Jul 18, 2009 IP