How Offshore Hosting Providers ignore DMCA notices. FAQs.

How Offshore Hosting Providers ignore DMCA notices.

Offshore Hosting providers ignore DMCA notices because they are usually located in countries where a DMCA has no legal binding nor is enforceable. DMCA notices are only enforceable in the USA.

Therefore, most Offshore Hosting providers aren’t too worried about being taken to their courts of jurisdiction. Since a DMCA notice has little to no ramifications in Offshore Hosting locations.

What is DMCA ignored hosting?

DMCA ignored hosting is basically a marketing catchphrase that Offshore Hosting providers use in order to emphasize the fact that they do not recognize nor respond to a DMCA notice. 

So, if one of their clients, or if they, receive a DMCA notice for the content on their clients website, they simply ignore it and do not enforce it. 

Enforcing a DMCA notice for the most part involves the hosting provider to either notify their client of the notice as well as request that the offending content be taken down usually within a 24-hour period. 

If the client does not take down the content in question, then many hosting providers will simply shut down the website’s hosting. Taking it offline.

What is Offshore Hosting anyway?

Offshore Hosting basically refers to a web hosting provider who is located in a country outside of their clients home country and jurisdiction. 

Many Offshore Hosting providers are located in countries with very strict privacy protections and freedom of speech laws. 

These “Offshore” Hosting companies then market their web hosting services, targeting those webmasters who want hosting that isn’t subjected to the laws of their own country.

What countries ignore DMCA?

Here is a list of the most known countries where DMCA ignored Hosts reside and currently ignore DMCA notices: 

• Bulgaria.
• Russia.
• Switzerland.
• Norway.
• Netherlands.
• Iceland.
• Some Asian countries. 

However, not all Web Hosts in these countries ignore DMCA complaints. Therefore, it is important that you ask potential Web Hosts in these countries if they, indeed, ignore DMCA takedown notices.

Is DMCA only in the USA?

DMCA is technically only enforceable in the USA. However, other countries do have their own versions of DMCA and copyright laws. 

Most other countries, though, are signatories to WIPO. Which is an international treaty for the protection of trademarks and copyrights. 

Why is there no free Offshore Hosting?

There is no “free” Offshore Hosting, for the same reason that there is no “free” hosting in general. 

Sure, like their “Onshore” or Domestic Hosting provider counterparts, Offshore Hosting providers may have special plans, offers etc. which do offer free hosting. 

However, you will normally find that these so-called “free” hosting plans, even from a Offshore Hosting provider, have very strict limitations as well as potential paid obligations in order to get their “free hosting” special offer.

For example, an Offshore Hosting provider may offer a free hosting plan, but that is only if you agree to sign up for an additional paid plan for another two or more years.

There is no free lunch, even in Offshore Hosting.

Do all Offshore Hosting providers ignore DMCA notices?

Many, I’m sure most, Offshore Hosting companies do ignore DMCA notices. However, you must clarify what kind of DMCA notices Offshore Hosting providers ignore.

Most Offshore Hosting providers will ignore DMCA notices that are frivolous, in clear violation of someone’s right to freedom of speech, are not well-written and do not provide sufficient evidence of offending content.

In fact, if your website is hosted in an Offshore location, your website is not under the jurisdiction of US copyright law or DMCA notices. 

In order for a claimant to pursue a DMCA notice on a website hosted Offshore, they would have to get a comparable DMCA type notice issued in the country where that website is hosted. 

Many Offshore Hosting providers are located in countries that have very strict privacy protection laws as well as their own legal procedures in order to take down copyrighted content.

So many Offshore Hosting providers in these countries will simply ignore us DMCA notice. 

However, if that notice is pursued in their country under their legal processes, make no mistake, they will take down your content. 

This is very rare, as many DMCA notices are either frivolous or the issuer is not serious enough to pursue legal action. Though, I wouldn’t count on this. You should always seek legal counsel in these matters.

There are situations though, where even an Offshore Hosting provider that normally ignores DMCA notices, will actually take down content. 

These, of course, are in cases where they have mutually similar laws to that of the US and if the content is blatantly copyrighted internationally or contains materials that by international law alone, make them prime targets for such enforcement. 

So if you think you can host a questionable adult entertainment site or any other legally nefarious types of content simply by going to an Offshore Hosting provider, think again. 

In addition, if the DMCA notice is backed by evidence of offending content that is copyrighted and you are clearly violating that person’s copyright, even an Offshore Hosting provider may seriously consider taking down that content. 

After all, Offshore Hosting providers aren’t criminal safe havens for content thieves and copyright violators.

Which country offers the best Offshore Hosting?

There are many Offshore Hosting countries. However, in my opinion, I think Iceland is the ideal Offshore Hosting country. Why? 

It’s simple, Iceland is close enough to the United States to have internet speeds and connections that are quite strong. Iceland also has very strong privacy and freedom of speech protections as well. 

In addition, if you are environmentally conscious, you should know that Iceland is probably the only country that uses green technology and green energy to power its servers.

Don’t forget, Iceland sits on probably the most accessible geothermal energy sources on the planet and utilizes them well. 

In fact, if it wasn’t for their distance away from both continents, it would probably be able to sell a lot more of that energy to other countries. 

Additionally, Icelanders speak English as a second language. Many speak English at very close to Native English Speaker levels. So communication should not be an issue as well.

Does Offshore Hosting accept Bitcoin?

Many Offshore Hosting providers do accept Bitcoin. Orangewebsite.com, based in Iceland, as a matter of fact, accepts Bitcoin as well.

How much is Offshore Hosting?

Costs for Offshore Hosting vary per Offshore Hosting provider. Here are the prices and plans for Orangewebsite.com.

Can Offshore Hosting protect my identity?

Offshore Hosting providers can’t protect your identity to a point. However, you should also consider where you buy your domain name from as well and how you buy it. 

I have a post on how to buy domain names anonymously here, “How to host a website anonymously. Anonymous website hosting FAQs.”, that will give you some tips on how to buy a domain name while protecting your identity. Orangewebsite.com also offers anonymous web hosting as well.

How Offshore Hosting Providers ignore DMCA notices, summary.

In my opinion, Offshore Hosting providers that ignore DMCA notices are best for those who truly believe in free speech or who do not want to be targets for random and frivolous DMCA takedown notices. 

Many Offshore Hosting providers not only offer DMCA ignored hosting, but they also offer anonymous hosting of WordPress websites as well. They even accept Bitcoin.

However, if your website clearly violates someone else’s copyrights or promotes content, which for all intents and purposes, is illegal in most countries of the world, then don’t expect DMCA ignored hosting to protect you. 

Even DMCA ignored hosting, as well as the countries that host their servers, do have standards and laws of their own. 

The last thing any Web Host wants, whether they are Offshore or Domestic, is trouble from their own local law enforcement authorities. 

So shop around and ask questions. 

Most of all, you will need to ask your DMCA ignored hosting provider how they ignore DMCA notices and under what conditions will they not ignore a DMCA takedown notice. 

Offshore Hosting providers are not, after all, safe havens for criminal activities.

For more information on DMCA takedown notices, check out this excellent pdf, “DMCA Notice-and-Takedown Processes: List of Good, Bad, and Situational Practices“.

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