Msg#: 4185165 posted 4:02 am on Aug 11, 2010 (gmt 0)
Hey guys, I know this may be a touchy subject (at least how I plan on approaching it) but I really would like to hear some answers to these questions as ugly as they may seem. So PLEASE take this professionally because I want to ask some ugly questions/statements about the DMCA and I would like to hear some feedback.
Here we go...
The DMCA is a US only thing right? So it doesn't apply to non US hosts.
Reading the DMCA it specifically says that it applies to content recorded in the US Copyright Office. So if your content isn't recorded it isn't protected.
Publishing an RSS Feed is as good as saying, "repost my content" so if it is content from an RSS Feed the DMCA doesn't apply.
There is no case law in the DMCA so for now it's only a threat. Good luck with any enforcement.
Like I said, they are ugly questions and statements but I want to hear some of your feedback. Please don't take any frustrations out on me, I am not a scraper but I am curious about how you might deal with something like this if it came up.
Msg#: 4185165 posted 8:15 am on Aug 11, 2010 (gmt 0)
While DCMA is a US federal law non US hosts may still take a notice under the act as a warning that your site is in breach of copyright. Once they are "on notice" of a breach local law may still require them to do take some form of action, but the steps taken would not be those laid down by the US legislators.
Somebody with knowledge of US law will need to answer the second half of the DCMA question.
On RSS view pretty well agrees with yours and I have always designed my feeds to be "teasers" to get people to follow the links back to my site, not a total republication. That isn't a legal opinion of course and again laws will differ by country.