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A comment on The cesspool of the internet is to be found in a village in North Holland. Parent comment

Re:The cesspool of the internet is to be found in a village ... by 2OEH8eoCRo0 on Saturday April 03, 2021 @05:14PM (#26684809)
>Dutch law states that a hosting company cannot be prosecuted for the actions of those who hire its servers. It is impossible for a hosting company to know the content of every byte on those servers. But hosting companies are required to take action if they are informed of the presence of illegal content. The question is how quickly and how actively they do so.

Chucking a DMCA in the trash sounds like it's against Dutch law

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Re:The cesspool of the internet is to be found in a village ... by tyingq on Saturday April 03, 2021 @05:20PM (#26684853)
I don't think a DMCA constitutes "presence of illegal content". It constitutes presence of "content with a US copyright, maybe".
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Re:The cesspool of the internet is to be found in a village ... by shagie on Saturday April 03, 2021 @09:12PM (#26686149)
Copyright isn't a US thing - its an international thing. One doesn't have to register their copyright in every country to publish a picture (for that matter, they don't even need to register the copyright to have it be protected).
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Re:The cesspool of the internet is to be found in a village ... by tyingq on Saturday April 03, 2021 @09:49PM (#26686314)
I didn't even go down that road. There's nothing compelling a Dutch company to comply with the DMCA. The context of "illegal" that was quoted a few comments up isn't "DMCA", it's "illegal". Like, against Dutch law. Child phonography might be a good example.

On that matter though, here's what copyright.gov has to say:

"There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the world. Protection against unauthorized use in a particular country depends on the national laws of that country."

https://www.copyright.gov/circs/circ38a.pdf

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Re:The cesspool of the internet is to be found in a village ... by RuggedPineapple on Sunday April 04, 2021 @12:43AM (#26686946)
There is such a thing, actually. Not explicitly, but international copyright law has been largely harmonized through the Berne Convention. With 179 signatories its a pretty universal 'floor' for copyright protections. The only big abstention was the USSR and they aren't around anymore.

https://en.wikipedia.org/wiki/Berne_Convention

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Re:The cesspool of the internet is to be found in a village ... by tyingq on Sunday April 04, 2021 @02:10AM (#26687291)
The pdf I linked covers that in pretty good depth.
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Re:The cesspool of the internet is to be found in a village ... by kazen44 on Saturday April 03, 2021 @05:31PM (#26684915)
not really, DMCA is not binding by dutch law. If however, they get a request from a dutch/european authority, they would have to respond to that.
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Re:The cesspool of the internet is to be found in a village ... by 2OEH8eoCRo0 on Saturday April 03, 2021 @05:32PM (#26684925)
It might count as being notified of illegal material which they are required by Dutch law to remove.
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Re:The cesspool of the internet is to be found in a village ... by techrat on Saturday April 03, 2021 @05:39PM (#26684965)
Digital Millennium *Copyright* Act.

To use a claim for any purpose other than enforcing your own copyrights (since 'illegal images' is such a broad term) is illegal in of itself.

The DMCA itself has no jurisdiction outside of the US regardless of the person accessing the data is within the US.

In order to submit a DMCA claim, one has to do so under the penalty of perjury.

https://www.law.cornell.edu/uscode/text/17/512

>(vi)A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A DMCA claim isn't a "notification of illegal images." It is a statement of "I own the (copy)rights to this work and you do not have permission to host/use it."

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Re:The cesspool of the internet is to be found in a village ... by ric2b on Friday April 16, 2021 @07:50AM (#26832729)
Is it even possible to have copyright over illegal content?

Like can a child pornographer sue someone for pirating their content? Sounds absurd to me.

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