Canadian Hosting Providers - how do you handle copyright and trademark complaints

Thu Jun 6 02:28:22 UTC 2013

On 6/5/13, Sameer Khosla <skhosla at neutraldata.com> wrote:
> My personal favorite is the number of notices that we receive as DMCA
> takedown notices, citing the specific laws.

Heh...   In an ideal world;  you'd provide them an "agent"  for
copyright takedown requests,  that they must send canadian postal mail
to,  with the request, and a notarized signed statement taken under
penalty of perjury;   no e-mail, because you can't e-mail a check,
AND you can't authenticate the signature on an e-mail ---   the sender
can always repudiate it claiming the penalty doesn't apply to them,
because that message was sent by accident (therefore false messages
would not be under a penalty,  therefore....  invalid notices).

In addition, to the signed letter, require a check to cover processing
and takedown ~ $100  processing per URL/domain/customer,  required to
process the legal request,  plus 24 hours of time  after check clears
in order to give advance notification to the customer,  and hosting
fee for that customer for 14 days -- to cover the refund to the
customer:  after the customer has provided the provider with a copy of
their counternotice.

I suspect 'erroneous' and 'faulty'  notices, or  'maliciously false'
notices intended to suppress  (strategic copyright letters against
public participation),  would greatly diminish:  were all providers to
require  such a thing as a  manually  written signature from a human,
for each letter:  in a tangible paper form,  not electronically
transmitted.

> Most of the notices come from people who are unable to comprehend that US
> Laws don't apply outside of the US.
> Sk.
--
-JH