There is a site to where I need to send a takedown notice. However, this site is hosted in Europe with an offshore hosting company that says clear in its TOS that they will not do anything if they get a DMCA complain, giving freedom to clients to host whatever copyrighted material they want.

Is EUCD the correct way to deal with this? Where can I find an example of a EUCD complain or even a form? DMCA has all types of examples and places to get a sample form, but EUCD has none.

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    The EUCD is not a law, so you'll have to bring legal action in the country that the hosting is in, assuming that country has enacted it into law. There is no EUCD form you can use. – paulmorriss Nov 26 '12 at 12:43
  • +1 It doesn't solve my problem, but it helps understanding the law. Thanks. – rlcabral Nov 26 '12 at 13:11

I assume you have tried to resolve this in a way more diplomatic than a takedown notice. If not, try that.

Beyond that:

Talk is cheap.

You know how when you go to your favorite auto-erotic asphyxiation club they have that sign that says "At Your Own Risk: We will not be held liable if you die while choking your chicken with a plastic bag over you head..." or something to that effect?

That B.S. won't hold up in court (here in the U.S.). if the law says you are liable, you are liable and very few companies can survive the onslaught of the U.S. justice system.

I am not endorsing these bully tactics, I have problems with them, but for now the fact remains. I am not familiar with the EUCD, but another way to approach this is to look into to DNS registrar, if they have U.S. ties you might be able to get more traction and keep in mind, just because the hosting company claims that doesn't mean it is true.

  • Your answer is quite long. I think the best part is the last sentence. I think it's worth editing your answer and just putting that in. – paulmorriss Nov 26 '12 at 12:41
  • Yes, I did try asking nicely. Registrar is also based outside US, in South America with admin contact in Asia. It is one of those "100% anonymity" kind of registrar that won't do anything. The site's owner has setup everything so no copyright holder can bother him. – rlcabral Nov 26 '12 at 13:10

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