No. Anyone can file a DMCA notice to any OSP regarding any copyright violation. To send the notice, you do not need to register anything, you just need to be the copyright owner or authorized to act on their behalf. No. The only party protected by the 'safeguards' is the OSP. The OSP can only be sued if they refuse to follow the DMCA rules regarding a valid notice. The person who is actually infringing (the person who put up an infringing YouTube video, or webmaster who is using someone else's photos or content) can be sued and a DMCA notice is not necessary at all. A DMCA notice is merely a procedure to get the content removed from the Internet. They can skip that step and just sue the infringer or file a DMCA and sue. The removal of the infringer material does not protect the infringer from being sued.
This turned out to be a very good thread, full of useful information thankyou all. Update, I removed all dmca content and have not heard anything back in weeks, so i believe the issue was satisfied.
Good point - it's also not effect unless there are other things in place too. Now as far as register for the DMCA (there isn't such a thing), go look for the words "copyright agent" and that will lead you to part of the promised land.
A few years ago I innocently downloaded movies online using the torrents. I was so new I had no clue that the search directories I downloaded them from were illegal or that the torrent client actually shared videos with other people. As a a result I woke up one morning and my ISP had shut down my service and said that there were infringement claims against me. I let them know that I was unaware and removed the movies, problem solved. As far as peple being extradited etc. that's do the the fact that they actually made money from using others copyrights, knowingly and willingly. So, my advice is if you are using someone elses copyrighted material unaltered then you're looking at infringement and could possibly do jail time or be fined or both. Now, creative expression is another thing as you may be using only bits and pieces to express, but that to comes into question whenever you are in some way profiting. The thing that really pisses me off is that I don't mind paying copyright owners or companies for usage, but they have all these middle men type orgs where they want to charge you an arm and leg for nothing.
DMCA is not a legal entity to send the notice I am sure, but I think you did not submit the tax information to them that is why they are testing you.
Andrew will be best placed to comment on US laws, but I wouldn't get into a habit of allowing 3rd party copyright material to keep being posted on your site and relying on the serving of a DMCA notice and simply being ok if you then remove. Get into a pattern of behaviour like this and action may just be taken - several cases in both US, Europe. Perhaps just as importantly, Google recently said it would prioritise in rankings those sites that carry genuine / legal copyright material - in other words penalise those that carry illegal content. Given they know what URLs have DCMA notices against them you may find that your website gets hit in organic rankings. ..I'd also ask on a risk vs. reward basis is it really worth it?
The post by marketingmanuk refers to cases where the host was found liable for the copyright violations of posters despite the DMCA. The difference boils down to the issue of "known or should have known" that the items were subject to another's copyright. The facts in these cases where the host lost a copyright claim are very fact specific, and usually have to deal with the host actively participating in the violations.
Google only knows when it is the recipient of the DMCA. They would have no idea if a third party received or acted on a DMCA. They certainly don't know what URLs have DMCA notices against them unless they are a party to the DMCA notice.
I understand that the issue has been already settled but I would like to comment on the following nonetheless. If we ignore for a second the scandal with MU, I would seriously say this belongs to the realm of legends. The DCMA act is a US act, hence it only concerns people and companies under US jurisdiction. If you dont host your data in the US you can safely ignore any such request (assuming your host doesnt panic either).
I received a notice from my cable provider not the DMCA. I am now trying torrent download services where they hide your IP address and then you cant get caught.
As for as I know, just be legal with anything you are gonna do, and make sure no signal will be received by DMCA.
That's a myth. Read this article: http://www.aaronkellylaw.com/online...ng-copyright-infringement-in-the-netherlands/ To summarize, the only reason it's harder to enforce copyrights in those countries is that the hosts may not comply. However, a person can still: -Sue in a U.S. court and attempt to domesticate the judgment in the foreign country -Sue in the foreign court -Send legal notices to the advertisers/affiliate programs not located in the foreign country, to deprive the site owner of their revenue -Get Google and other search engines to de-index the site, to reduce its traffic greatly By hosting in a foreign country and attempting to ignore foreign takedown notices, you're gambling that the victim is simply not resourceful enough to know how to take other legal action against you.
thanks for replay , but ....! thepiratebay.se ?! MegaUpload.com come back soon .(this domain http://mega.co.nz/ ) Bigger. Better. Faster. Stronger. Safer .. . DMCA can't Takedowns all websites . US ,UK , France , Canada & Germany's servers not safe & .com / .net is not safe but Netherland , Sweden & Iran servers are safe .Se .Nl . Ir .Nz & other domains ..... Pirate Party ♥ ♥ ♥ only US can Send DMCA Notices to American Search Engines ...
I don't think I would cite MegaUpload.com as an example of a foreign site not being shut down as the result of U.S. law. Regarding The Pirate Bay, I haven't looked into it thoroughly, but I'm guessing that Sweden has different laws regarding the simple indexing (as opposed to hosting or posting yourself) of infringing content. Certainly, though, if they were to have American advertisers/affiliates, those could be targeted. Additionally, someone could have individual webpages which advertise infringing torrents removed from Google and other American search engines if they decide to send a DMCA to Google. It's a question of how much of your revenue depends on search engines, advertisers, and affiliate programs who are willing to respond to DMCA notices, as well as whether you are uploading the content yourself, or a third party user is doing the infringing, and if the latter, what the law of the hosting country is regarding indexing third party infringement.
On top of that, I don't think the average DP member is running an organization on the same level as The Pirate Bay or Mega Upload. And don't forget you have this to worry about: http://www.youtube.com/watch?v=pMas0tWc0sg