Text 2614, 101 rader
Skriven 2012-08-20 11:11:00 av Michiel van der Vlist (2:280/5555)
   Kommentar till text 2415 av Robert Bashe (2:2448/44)
Ärende: DNS
===========
Hello Robert,

On Thursday August 16 2012 16:28, you wrote to me:

 RB>>> (I think - at any rate something copyrighted) available using his
 RB>>> DynDNS domain.

 MV>> 1) Björn lives in Sweden. The server was located in Sweden. He is
 MV>> not subject to US law. The way he did it, it was not a violation
 MV>> of Swedish law.

 RB> Only one problem there. The company is based in the USA and has to
 RB> abide by US law.

How was US law violated?

 RB> Using the same argument as you do above, it would be legal for a
 RB> Dutch company to bribe officials in, say, the middle east
 RB> to gain lucerative contracts because such bribery is not illegal there

If the bribe took place in that middle east country, why would that be illegal?

It would very much surprise me if Dutch comapnies were at a disadvantage
because they were more restricted than their local competitors.

 RB> Now, if this had been an exclusively Swedish company, bound by Swedish
 RB> law, with no business interests outside the country, the situation
 RB> might have been different. But that wasn't the case.

DYNdsn does not violate copyrights.

If you rent a car in the US and drive it into Mexico and use the car in an
operation that is legal in Mexico, but illegal in the US, does the contract say
it will be terminated forthwith?

 MV>> 2) The account was terminated without any warning and without any
 MV>> possibility for an appeal. It was terminated just because a US
 MV>> American reported an alleged copyright violation. I find this
 MV>> totally unacceptable even for a free service.

 RB> Tough luck, but companies have their own policies.

Tough luck for them; I also have a policy: I don't do bussines with comapmies
that treat their customers like that.

Thets is the ulimate weapon of the consumer: keep the lid on the wallet.

 RB> You won't get very far complaining to German Telekom either, if they
 RB> suddenly decide to deny you service and that right is mentioned
 RB> somewhere in their business conditions.

I do not know about Germany, but I am fairly confident sush a thing would never
happen with its Dutch counterpart KPN. Dutch providers are very unhappy to be
cast in the role of internet police. Haven't you noticed that they are fighting
tooth and nail to NOT have to block the Pirate Bay?

No, they can't just terminate the service without even giving notice. even if
their terms of bussienes say so. Terms of bussines do not override the law. If
they did what DYNdnds did to Björn they would face a charge of breach of
contract.

 RB>>> That soured Bjorn _and_ Michiel on DynDNS for life.

 MV>> Yes, it did. I don't want Arabs to tell me that my wife should
 MV>> ware a burka  on the street and I don't want US Americans to tell
 MV>> me I can't put pictures of pretty naked woman on my web site.

 RB> Copyrighted pictures, Michiel. That was the problem.

No that was not the problem The problem was that some in de US could not accept
that what is illegal in the US, is not always illegal in Sweden. They could not
accept that and so the had "to do something".

 RB>  There was a complaint and that was that.

A complaint not from the copyright holder but from someone who had an axe to
grind with Björn.

Because that is obviously what happened. You may also remember the retaliation
that hit Michael Grand.

 RB> That can happen to you with a lot of providers,

No, it can not happen with Dutch providers. A Dutch provider would never
discontinue a service just like that, because they got a complaint from someone
having an axe to grind with me.

 RB> I can understand the irritation, but don't assume this is something
 RB> that can only happen in the States or with an American company.

I won't go as far as to say it can only happen in the US.

 RB>  It can happen to you anywhere.

Definitely not anywhere.


Cheers, Michiel

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