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by jwalton 1888 days ago
> The DMCA already makes it easy enough to keep things like KickAssTorrents offline, which was honestly the closest I've seen to a good tracker going mainstream.

The DMCA is an American law, which does not apply in Canada or much of the rest of the world.

3 comments

It's an American law which implements a certain part of the WIPO Copyright Treaty, which is indeed in force in Canada (since 2014) with a local implementing law, as well as in the European Union and many other countries worldwide:

https://wipolex.wipo.int/en/treaties/ShowResults?start_year=...

With all of that said, Canada's legal analogue to the DMCA is a "notice and notice" regime, not a "notice and takedown" regime. The rights holder or their agent notifies the ISP, and the ISP notifies the user without necessarily taking down the content. A court order can be sought to force it offline, and I'd guess (but don't know) that some ISPs will voluntarily cooperate to some degree beyond the legal requirement.

Tell that to the founders of the Pirate Bay who were continuously raided and eventually wound up in jail, despite not being American, and not being in America.
Oh, copyright law in general is present worldwide through multiple international agreements. Going after the Pirate Bay didn't have to rely on the DMCA.

Even if it had needed to rely on DMCA-like concerns, over a hundred countries worldwide are party to the treaty which mandates a law addressing the scope of the DMCA, so enough other countries have such a law. (The details vary and not all such laws mandate a quick takedown of the allegedly infringing content.)

Don't mind me, just big fan of yours! Can't wait to get your book!
Yeah, in practice.