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by jonas-w 1209 days ago
IMO the first step to take down a website from the internet should be the domain registrar and hosting provider, if you are a big company or just a normal guy that thinks this page violates xyz. It is very easy to find out the domain registrar and it may work to just a write a simple email, without the need for a lawsuite. And if they don't do what you think would be right, you *could* start a lawsuite with *them.*

Finding out the hosting provider *can* be easy, but sometimes it is impossible (cloudflare, etc). But even then looking up where the traffic goes is not that hard and writing them a simple email is also not that hard. Again, if they don't do what you think would be right, you *could* start a lawsuite with *them*.

Maybe they have done that and they both didn't comply, but why are they now fighting with a DNS resolver? This doesn't solve anything, anyone can still access that site, if they use another dns resolver or do the recursive resolving themselve.
1 comments
causality0 1209 days ago
Absolutely not. The domain registrar does not own my server and they should have nothing to do with what's on it. DMCA notices should be issued to me, and if I ignore them I should be sued. If I lose the suit then an order should be issued to my hosting provider to take my server offline.
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talhah 1209 days ago
You're right that the domain registrar does not own the server but they do however own the domain which you point to your server. The domain registrar reserves the right to retract their domain if its misused such as pointing to illegal content. What counts as illegal content is sometimes vague but thats another issue in itself.

I do agree with your sentiment that the DMCA notice should be sent to the site first but in the end, hosting providers and domain registrars still have some rights and policies which you have to comply with.

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causality0 1209 days ago
some rights and policies which you have to comply with.

Correct, but determining whether the content on my server is illegal is the province of a court, not my registrar, and certainly not some asshole lawyer who has no liability for false takedowns.

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eurg 1209 days ago
> but they do however own the domain which you point to your server.

Not necessarily. .at domains are owned directly, the registrar is only a service provider handling the process.

I assume that for most other TLDs this will be different.

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