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

Thu Jun 6 06:41:46 UTC 2013

On 6/6/13, Roy <r.engehausen at gmail.com> wrote:
> US laws apply where ever the US says they apply.
> The question is how enforceable the US law is your country.  There is

Copyrights owned by people in the US are recognized in Canada,  due to
Canada having signed the berne convention;  by virtue of owning a US
copyright,  a person automatically owns the exclusive rights in Canada
 as well.

If a rights holder's copyright is infringed by a subscriber/provider
in canada, the rights holder might  either go to court in Canada,  and
get judgement from Canadian court,  or go to court in the US, get
their judgement in the US,  and then go visit a court in Canada, to
get their US judgement recognized in Canada.

The DMCA doesn't require takedowns.   The DMCA provides a "safe
harbour" for internet service providers and another safe harbour for
information services  to be protected from liability.       For
information services,   the safe harbour  is lost,  if they do not
follow the rules about takedown notices.

It is not clear that an  information service provider in Canada  will
enjoy the same protections and assurances,  even  if they follow the
US  safe harbor rules.

Furthermore,  it is not clear that a service provider in the US  will
enjoy the DMCA safe harbor protections, if the rights holder is in
Canada,  and   the case against them is tried in a Canadian
jurisdiction....

If you are in Country X,   and  you might  have rightsholders in
Country X or Country Y, Z,  that might   go after  you   on the way to
one of your subscribers...

You should probably retain some legal counsel for  appropriate recommendations.

--
-JH