[suggestion] Lease option

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Nick said:
Good. I couldn't imagine having to manage enforcing the take-down of instances on forums whose leased license has expired and not been renewed (even if this is handled by a third party, the company (i.e. XF) would still suffer financial losses).

The goal is to encourage continued renewal to support continued development.

  • Leased license -> Run for a year -> Expire -> Don't renew -> Dead-end / no development support
  • Owned license -> Run for a year -> Expire -> Don't renew -> Site becomes out-dated / new features released later -> Renew -> Development supported
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Entirely agree with this. I always thought it was strange that vBulletin would provide annual licenses without an easy way to disable them when the license expired. Far more hassle than it's worth.
 
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Blandt said:
.. what does the DMCA say or do, I mean is?
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In a nutshell it is a standardized procedure to lodge a complaint with an online service used by copyright or trademark holders.

1) The complaining party sends a statement specifying where the infringing content is (URLs), a sworn oath "under penalty of perjury" that they are the copyright holder or the copyright holder's agent, addresses, phone numbers, signatures, etc., etc.

2) If the material they say is infringing is actually at the URLs they send, the service provider is obligated to remove the material (which more often than not means shutting down the whole site), and notify the customer. It can end there (and usually does), or:

3) The customer files a counter-notification saying they believe they have the right to use the material in the complaint.

4) Service provider sends the counter-notification to the complaining party.

5) Complaining party does one of two things; a) files a district court lawsuit against the customer, in which case the site stays down until the case is decided, or, b) they do not open a case within 14 days, service provider returns the removed material or re-enables the site.

That's a simplified version. The actual act was written by politicians and lawyers, so it's very long and drawn out, but that's the meat of it, as it applies to web sites.

ManagerJosh said:
not all countries or corporate entities respect DMCA.
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All "corporate entities" in the United States do. If they don't, they open themselves to liability and can be named in a suit against the infringing party.

But yes, it is a U.S. law. The odds are though, that some part of your upstream connection (data center, bandwidth provider, etc.), domain registration or something is controlled by a U.S. based company, and a big company will find them and complain to them rather than the host.

But of course if that isn't the case, DMCA holds no sway over you.
 
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mjp said:
In a nutshell it is a standardized procedure to lodge a complaint with an online service used by copyright or trademark holders.

1) The complaining party sends a statement specifying where the infringing content is (URLs), a sworn oath "under penalty of perjury" that they are the copyright holder or the copyright holder's agent, addresses, phone numbers, signatures, etc., etc.

2) If the material they say is infringing is actually at the URLs they send, the service provider is obligated to remove the material (which more often than not means shutting down the whole site), and notify the customer. It can end there (and usually does), or:

3) The customer files a counter-notification saying they believe they have the right to use the material in the complaint.

4) Service provider sends the counter-notification to the complaining party.

5) Complaining party does one of two things; a) files a district court lawsuit against the customer, in which case the site stays down until the case is decided, or, b) they do not open a case within 14 days, service provider returns the removed material or re-enables the site.

That's a simplified version. The actual act was written by politicians and lawyers, so it's very long and drawn out, but that's the meat of it, as it applies to web sites.

All "corporate entities" in the United States do. If they don't, they open themselves to liability and can be named in a suit against the infringing party. But yes, it is a U.S. law, but the odds are some part of your upstream connection (data center, bandwidth provider, etc.) or domain registration or something is controlled by a U.S. based company, and a big company will find them and complain to them rather than the host. But of course if that isn't the case, DMCA holds no sway over you.
Click to expand...

Note my statement did not say US. It was inclusive of all corporations, worldwide.
 
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ManagerJosh said:
Very true, however the big problem lies in with not the ones who do respect the DMCA, but the ones who do not respect DMCA (or the spirit of it).
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but as she mentioned, even if they are not based in the US they are controlled indirectly by some US entity and therefore can be "persuaded" indirectly ;)

but then this piracy thing shouldn't stop people from doing their business ! I mean if xenforo stop being innovative in content and licensing options I don't see a huge success for it.
We play by the rules and we do what we have to do.
 
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Blandt said:
but as she mentioned, even if they are not based in the US they are controlled indirectly by some US entity and therefore can be "persuaded" indirectly ;)

but then this piracy thing shouldn't stop people from doing their business ! I mean if xenforo stop being innovative in content and licensing options I don't see a huge success for it.
We play by the rules and we do what we have to do.
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Take it from experience. I've never been able to pursade any US based company to take action against another entity who's been abroad. I've been consistently told to talk with the ISP overseas.
 
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ManagerJosh said:
I've never been able to pursade any US based company to take action against another entity who's been abroad.
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Right. Which is what I said in the first place. Unless you come correct, with a proper DMCA or subpoena, you aren't going to get anywhere. You can't persuade them. Nor should you be able to.

But if you send a subpoena to say, GoDaddy, the site will go bye bye. That's their policy. I can send you links to news articles about cases I've been involved in where GoDaddy suspended the domain, taking the site offline at the domain level. We suspended the hosting, then GoDaddy suspended the domain so the guy couldn't just move the site elsewhere.

But you won't get any of that with a generic email request, complaint or plea. Which makes software license policing an expensive proposition.
 
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mjp said:
Right. Which is what I said in the first place. Unless you come correct, with a proper DMCA or subpoena, you aren't going to get anywhere. You can't persuade them. Nor should you be able to.

But if you send a subpoena to say, GoDaddy, the site will go bye bye. That's their policy. I can send you links to news articles about cases I've been involved in where GoDaddy suspended the domain, taking the site offline at the domain level. We suspended the hosting, then GoDaddy suspended the domain so the guy couldn't just move the site elsewhere.

But you won't get any of that with a generic email request, complaint or plea. Which makes software license policing an expensive proposition.
Click to expand...

I've sent properly written and formatted DMCAs till I was blue in the face to US Companies who were responsible for transit lines for foreign ISPs, as well as US based domain registrars like namecheap, and they've consistently ignored.
 
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