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Does anyone consider DMCA notice/cure policy when selecting a hosting platform?

3 pointsby pardner9 months ago
As discussed in quite a few HN threads, I agree with what seems to be the consensus that DMCA is a mess, ripe for bad actors. And, as discussed often, recourse against bad actors who file purposefully fraudulent takedowns is hard to attain due to the wording of 512(f) which at a superficial glance allows for damages but which requires proving in court not only that the infringement claim is false, but that the claimant knew it was false. (Not &quot;should have known&quot;, not &quot;reasonably would have known&quot;, but &quot;actually knew-in-their-hearts knew&quot;.)<p>But it is what it is, not much we can individually do about the law.<p>But we can choose our hosting platforms and there seems to be variation in how hosting platforms handle DMCA takedown requests they receive.<p>Some, like Heroku, still give notice and have AFAIK a 24 hour cure period and document a counter-claim process. At least that was my fairly positive Heroku experience a couple years ago when a bad-actor competitor filed a provably fraudulent DMCA takedown on Friday night. (We presume they hoped we would not see any notifications until Monday by which time the cure&#x2F;respond period would have elapsed and our site would have been taken down.)<p>But others including Render - based on a few posts in their community forum - apparently will take sites down without notice in response to a DMCA takedown request. (Easier&#x2F;cheaper for the host, no doubt.)<p>Our year-long saga of suing a competitor (even with a very positive outcome) was still fresh in my mind when I was recently investigating hosting alternatives. So I&#x27;m possibly more attuned to this business risk than others. (Render is unfortunately out of consideration at this time for that reason.)<p>So I&#x27;m curious if anyone else explicitly considers DMCA handling policy when choosing a hosting platform, and if so, where did you land?

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