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What exactly is a DMCA ignored domain?
Simply put, a DMCA ignored domain is considered a website that has been registered and is hosted by an Offshore Web Hosting Provider.
These providers are known to be domains that ignore DMCA (Digital Millennium Copyright Act) takedown notices since the countries that are hosting their websites are not under, nor are they subjected to US DMCA laws or other US copyright legislation.
The DMCA is a 1998 United States copyright law that implements the 1996 World Intellectual Property Organization (WIPO) Treaty.
The treaty establishes international standards for copyright protection on the internet. The DMCA also criminalizes the production and dissemination of technology, devices, or services intended to circumvent copyright law.
Now, DMCA ignored hosting and domains are typically used by websites such as music and film streaming search engines (ex: Pirate Bay) or those websites which express controversial and political views who are looking to escape harassment from their opponents who often resort to frivolous DMCA takedown notices to get their content taken down.
These DMCA ignored domains do not remove links when a DMCA takedown notice is issued towards the copyrighted material that is found on their website, hence why they are known for ignoring the DMCA.
How do I get a DMCA ignored domain?
The best way to get a DMCA ignored domain is to find an Offshore Web Hosting Provider.
There are many of these providers available, but it is important that you do your research before selecting one.
Make sure that the provider you choose has a good reputation and host websites from a country that does not recognize US or other countries laws, especially when it comes to free speech, whether that country is Iran, North Korea or even the US or the UK.
Once you have registered your domain with the Offshore Web Hosting Provider, you will need to set up website hosting. This can be done through the provider, or you can use a separate hosting company.
One such company, Orangewebsite, is based out of Iceland, which has some of the strong freedom of speech laws and privacy protections on the planet.
Iceland is also not a member of any intelligence gathering organization like the 5 eyes, 9 eyes, the 14 eyes, nor is Iceland a signatory to any jurisdictional treaties like MLAT.
DMCA ignored domain FAQs.
Here are some additional FAQs regarding DMCA ignored and hosting.
Can I host my website in another country?
Yes, you can switch to other DNS providers such as Orangewebsite, for example. Orangewebsite is also a good provider which you can use.
It also has an added benefit that your website will not get suspended due to DMCA takedowns since they ignore DMCA complaints.
Is DMCA Only in America?
Yes, DMCA is US legislation that is only fully enforced in America. However, the US is a member of several international intelligence organizations as well as a signatory to many international jurisdictional treaties including the ones listed above.
Many other countries have their own versions of the US DMCA as well, so you should always double check your country’s copyright law to ensure that you are in compliance.
What is the Safe Harbor Act?
The DMCA safe harbor provision is a provision of United States copyright law which creates a safe harbor from liability for websites and internet service providers (ISPs) when user-copyrighted material is uploaded or posted on their website or service.
The provision says that an ISP is not liable for money damages for infringements of copyright by its users as long as the ISP takes certain prescribed steps, although it does not have to monitor or otherwise police its users.
The DMCA safe harbor provision contains a number of clickwrap terms which must be explicitly agreed to in order for websites / ISPs to take advantage of its protections. The key points are that the website must:
– Have a policy against copyright infringement;
– Remove infringing material once it becomes aware of it;
– Notify its users of the policy; and
– Cooperate with takedown requests from copyright holders.
Is my website or ISP safe under the DMCA safe harbor provision?
That depends on whether or not you have agreed to the DMCA safe harbor provisions and if you are in compliance with all of the terms.
If you are not in compliance, then you may be found liable for copyright infringement.
If you would like more information on the DMCA safe harbor provision, or need assistance in becoming compliant, please contact an attorney.
How can DMCA violations be avoided?
There are a few ways to avoid DMCA violations, the main one being to ensure that you are in compliance with all of the terms of the DMCA safe harbor provision.
Additionally, you can use a service like Orangewebsite which will ignore DMCA complaints, or you can host your website in another country that has stronger freedom of speech laws like Iceland (which is not part of any multinational treaty like the 5 eyes).
How are DMCA notices determined?
DMCA notices are typically sent in by copyright holders. If you have received a DMCA notice or think that your website may be infringing on someone else’s copyrighted material, please contact an attorney who can assist you.
DMCA Ignored Domain, summary.
In summary, a DMCA ignored domain is a way of evading the DMCA safe harbor provision by hosting your website in another country where the DMCA is not enforced or by using a service which ignores DMCA complaints.
This provides a level of protection from liability for copyright infringement.
As always, do your homework, before choosing any web host, offshore or domestic.
However, you can’t go wrong hosting your website with a company like Orangewebsite based in Iceland.
Orangewebsite is also a good provider which you can use and it offers the added benefit that your website will not get suspended due to DMCA takedowns since they ignore DMCA complaints.
Disclaimer: This site, its content and contributions are not legal advice. The information provided is general only. It does not cover every situation; therefore, it should not be regarded as legal advice or relied upon for any purpose without first consulting a licensed attorney in your State of Country of residence who would be able to evaluate the specific circumstances of your matter.
