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DMCA if hosted offshore

Discussion in 'BlackHat Lounge' started by J0kerz, Feb 11, 2010.

  1. J0kerz

    J0kerz Supreme Member

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    Hey,

    Can you still receive a DMCA from the US if your website is hosted offshore?

    Thanks,
    ;)
     
  2. bryanon

    bryanon Executive VIP Premium Member

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    Of course you can receive a DMCA notice, the question is if you need to honour it or not.

    If your server is based in the European Union, for instance, then the copyright regulations (and those regulating takedown notices) are largely the same as they are in the States - but if you're based in, say, Panama, then you're pretty safe just ignoring the notice.

    More information at http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act
     
  3. J0kerz

    J0kerz Supreme Member

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    Thanks Bryan!
     
    Last edited: Feb 11, 2010
  4. 420kking

    420kking Newbie

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    It won't make a difference. Since your site has to be up for a long period of time this gives them time enough to trace and investigate the person behind the site. If they're after you, it's better to dissapear with the site and start fresh.

    Sure you can host it in Hong Kong, but eventually they'll find out who you are and sue. These offshore hosts are only safe if you use them for a week tops. Why do you think phishing criminals move hosts so fast or use fast flux hosting techniques?
     
  5. 420kking

    420kking Newbie

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    That might work if you're promoting a nazi site yes. But one does not have the right to use copyrighted images/video's.
     
  6. snaskit

    snaskit Newbie

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    its the law where you host your sites thats mader only
     
  7. 420kking

    420kking Newbie

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    Thus in reality you would be linking all images/video's from somewhere else. Then they'll probably go after that site. I doubt they'll leave it like that though. I used to think this once but got made an example out of. You would not like to be in my situation. I dont wanna be there when that huge crackdown happens.
     
  8. graphicnut

    graphicnut Supreme Member

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    they'll have you through domain so careful where your domain is. CANN CAN hurt alot
     
  9. Crooker

    Crooker Newbie

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    No not linking to the content, that can be illegal in several jurisdiction.
    You include as a source file, and write a piece about the content.

    Indeed they will go after the sub domain.
    But they can be setup free and anonymously.
    For example this, just pick one lol;

    Anyways like i said, you can't be convicted for writing about a subject.
    By law, no matter how much they would like to set a example.
    Stating otherwise is unfounded. I've had numerous copyright complaints.
    I replied all the same and all have failed.
    I just fight back, send them a cease and desist for intruding my privacy.
    Do what they do, but do it better.

    I'm a true believer of opensource.
    And not the knowledge monopoly because someone slapped on a © or a ®.
    Isn't this what made the internet big?