said by Guspaz: said by milnoc:
With the DMCA in the States, I would never consider colo there.
Fat lot of good that's done people in other countries who managed to step on the wrong American toes...
In some situations it has done some good.
Let us take »boingboing.net/
as an example.
The site is based in Canada, on Canadian servers.
He got a DMCA from Ralph Lauren (more like a SLAPP imo, but a DMCA nonetheless):
»boingboing.net/2009/10/06/the-cr ··· t-r.html Last month, Xeni blogged about the photoshop disaster that is this Ralph Lauren advertisement, in which a model's proportions appear to have been altered to give her an impossibly skinny body ("Dude, her head's bigger than her pelvis"). Naturally, Xeni reproduced the ad in question. This is classic fair use: a reproduction "for purposes such as criticism, comment, news reporting," etc.
However, Ralph Lauren's marketing arm and its law firm don't see it that way. According to them, this is an "infringing image," and they thoughtfully took the time to send a DMCA takedown notice to our awesome ISP, Canada's Priority Colo. One of the things that makes Priority Colo so awesome is that they don't automatically act on DMCA takedowns. Instead, they pass them on to us and we talk about whether they pass the giggle-test.
This one doesn't.
So, instead of responding to their legal threat by suppressing our criticism of their marketing images, we're gonna mock them. Hence this post.
So does it do any good for the average person? Yeah. Of course. We are under no obligation to take-down whatever garbage Americans toss at us under the pretense of a DMCA. So yes, it does do good.
A company like ISOhunt? Hmm so far so good. But I think we will be seeing something happen with this one soon enough under the new C-11.
Of course you have to chose a colo/company who isn't intimidated by pretend legal threats to shut people up under the pretense of an American DMCA...