Quote:
Originally Posted by porn-update
We consider dmca so stupid that we have already introduced a "claim your content" button on our sites, and we are working to make the deletion procedure automatic, with double check via email and immediate deletion, so at least the person requesting a dmca will take care of the effort instead of bothering us.
One of the steps we took to avoid dmca problems was to move to offshore servers, outside the United States dmca has no value, one thing we don't understand is why having taken a mojo server in Amsterdam we still received a dmca with a threat of 72 hours... ??? (if you hadn't had the servers in Amsterdam we would never have migrated to mojo) |
It will be 90-99% crawling programs that are searching for this content, not people doing it manually. Most companies sending DMCAs will send them to the web host. It seems that you have a good business practice with your removals. My advice is that if you prefer requests be sent directly to an email address of yours instead of ours is that you make personal contact with the company that sent the notice and advise them of an email address to send you a notice to. They’re likely never going to click your buttons and even if they did they wouldn’t be providing you with an adequate notice swearing under penalty of perjury you wouldn’t be collecting all of the other relevant contact information, making it a vulnerability for your web site to be future abused.
You should really stop referring to our support ticket as a threat, there’s no threat, it’s a clear cut content removal policy which results in content being disabled within 72 hours, which is very reasonable. If you’re doing good business, you’re safe with MojoHost, unlike every other company which asked you to leave, and all of the others which don’t allow adult in the fine print, or can just make up whatever they want, whenever they want.
If you want to host with a really unprofessional host that doesn’t respond to DMCAs then you’ll simply be in a network neighborhood filled with thieves and paying a company every month that isn’t a valued member of the community that you’re doing business with. My Dutch company has a DMCA policy because I, an American, am the beneficial owner. Further, this entity is afforded protections of the DMCA because it is registered with the U.S. copyright office. When we work to a higher standard it not only serves us well, but protects our customers, as well.
There are many nuances to DMCA. In the old days, it was even customary for these notices to be sent to the bandwidth companies. Well, like most hosts providing international services (such as MojoHost), virtually most telecommunications have offices and/or do business in American jurisdiction. Notices could be otherwise sent to your host, your hosts bandwidth provider(s), underlying data centers, your CDN, and most other external software or other upstream vendors such as DNS providers and more - virtually all of them having a responsibility to American laws in some manner. They can even send them to your credit card processors or things can get even more complicated, such as lawsuits to the companies which advertise on sites which contain the content.
You don’t receive any notable volume of DMCA requests and you clearly have an effective removal policy. If you wanted an extra layer of protection, you could register your foreign company and list its URLs with the USPTO. It’s a low annual cost and would afford you full protections against all liabilities when you have the right business practices. It gives tremendous defensibility.
The solution isn’t ignoring DMCA or being with a host that does. If you do that, you’re basically consorting with criminals in all of the dark corners of the net, and no good ever comes of that.
Brad