Do I need to worry about DMCA requests if my site is hosted outside of the USA?
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Answer #1
Yes!
No matter the location of the server, we are a company based in the United States. Because of this, all of our services, products, and operations fall under US law.
We take DMCA requests very seriously here at Site5.
Once we receive a DMCA request, we work to verify the claim and take any necessary action against the offending persons/account. During this process, we will contact the owner of the offending account and inform them of the claim and their rights under DMCA law, which also includes information on how to file a counter-claim, if required. If a counter claim is filed, the party that originally filed the DMCA request has 14 days to counter file and to begin legal action if necessary.
We also send all DMCA requests to a third party (Chilling Effects) which will publish it and possibly annotate it. Any personal information will be removed as per privacy guidelines.
For more information about DMCA and Chilling Effects, please see the following link.
http://www.chillingeffects.org/
If you are attempting to counter file a DMCA request, you may find the following link helpful…
http://www.chillingeffects.org/dmca/counter512.pdf
It provides an easy to use form that will generate a PDF that you can use to submit to the original claimant and Site5 to start the counter DMCA process.