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EDIT: After rereading your question, I'm assuming you're referring to a situation similar to my third example scenario, that might best address it. Generally:
by Pyramids 14y ago
EDIT: After rereading your question, I'm assuming you're referring to a situation similar to my third example scenario, that might best address it.
Generally:
- If the content provider is outside of the United States, DMCA is not valid whatsoever. However, some organizations, especially in English speaking countries, will honor it simply as a notice of infringement.
- If the individual sending the complaint is outside the United States, but the content provider is within the US, usually the content provider will cooperate anyway to protect themselves from legal obligation under Safe Harbor provisions.
- If the end user receiving the complaint is outside the United States and the content provider is within the US then the content provider should still honor the counter notice and would be covered by Safe Harbor provisions. I'm not sure on the specifics of this, however you must at minimum consent to the jurisdiction of US Federal Law for any further actions.
For the most part, the content provider / hosting company will do what is in their best interest to legally safeguard themselves, with little regard for end user rights. Generally speaking, the larger the company the moreso this applies.
Github seems like a reasonable organization, and if you submit a counter notification in valid format they should act accordingly.
Also, I see the Chilling Effects URL is getting hammered, here's a static version which you can modify: http://www.cs.cmu.edu/~dst/Terrorism/form-letter.html http://www.cs.cmu.edu/~dst/Terrorism/form-letter.html
While unrelated to this issue specifically, something which is interesting to note is that in a several year old paper from Vanderbilt University, they specifically mention a provision dealing with enforcing the DMCA on foreign websites. While this provision has never been used to my knowledge it does exist and is quite scary considering the implications:
While direct action against a foreign site is not possible in U.S.
courts, the Digital Millennium Copyright Act (“DMCA”) allows courts
to order the blocking of infringing sites. Section 512(j)(1)(B)(ii) (the
“Foreign Site Provision”) permits an order to restrain an Internet
service provider (“ISP”) from providing access to a “specific, identified,
online location outside the United States.” Therefore this provision,
with some limitations, may be used to block U.S. access to infringing
foreign sites.