Offshore dmca ignored hosting.
DMCA - is the American copyright act in the digital. Adopted in 1998. It is an addition to the legislation on the protection of intellectual property on the Internet. The law applies to American companies but works worldwide through the use of the American Google service.
The law applies to such materials:
- musical works;
According to the DMCA, it is forbidden to copy and distribute materials, to post on the hacking tools for Internet protection of intellectual property. It prescribes penalties for violating it for owners of web resources, and at the same time, responsibility is removed from hosting providers for content that they have on storage.
DMCA in action
The copyright owner has noticed illegal use of his product on the Internet. He sends an application to block an unauthorized source. A host or search engine can block the URL of one page or the entire site.
For a strong reaction to the application, it must be correctly composed, taking into account all the requirements described in legitimate claim. You should specify a link to the place of unauthorized placement of content and all known requests for which Google issues this material in a search. Further, the provider blocks the resource indicated in the application and informs its owner about the reason for the ban.
When you enter a query in the line of the search service, instead of a previously available pirated resource, a notification is displayed about data deletion at the request of the copyright holder (or DMCA Protected). You can try to challenge the sanctions by sending a response request to Google. If the content is alien, you can use it by paying the amount claimed to the copyright holder.
Of course, with the advent of restrictions, ways to get around them also appeared. More on this below.
To place someone else’s content without the risk of blocking the site, search links or page URLs, the owners of the so-called “gray” sector use offshore hosting.
The essence of the idea is that a hosting company is registered as a legal entity in the offshore zone of one state, and physically locates a server in another country. And provides services for storage of information at the place of registration. Thus, the provider does not fall under the jurisdiction of the country of registration and can avoid all the sanctions provided.
They use offshore hosting mainly for materials with dubious ownership: pirated copies of films and music, hacked software, torrent distribution, pornographic materials, illegal sale of drugs, online casinos and political extremism.
The concept of offshore hosting intersects with bulletproof. However, the hoster, in this case, can ignore only complaints that are not prohibited by the law of its jurisdiction. Alternatively, in general, all complaints are at your discretion.
According to the server parameters, the quality of the services provided is not always high, and rental prices are much higher than law-abiding analogs. Also, if the plaintiff still obtains a court decision, the owner of the offshore hosting is forced to provide access to the client’s files.
The time of high technology provides ample opportunities for conscientious conduct of business on the Internet and active shadow activity. The only thing is that you have to get confused and pay a tidy sum.