51–60 of 190 posts
I was under the impression that businesses not infrequently receive threatening letters from legal firms, and that a non-trivial portion of these can’t be acted upon as they don’t follow establish legal norms.
I was also under the impression that only the public prosecutor can charge someone with a criminal offence?
Earlier quoted context omitted.
> The most trivial lawsuit will require an international lawyer creating a threshold most significant. Most people hosting websites can't afford international lawyers.
I think he refers to the person / entity suing.
>We are NOT a DDoS Mitigation Service. [...] If you come on this system knowingly bringing a DDoS on your heels we shut down service (we may also wildcard your DNS to localhost and set the TTL on your zone out to a year. You’ve been warned).
or
>Guilt-by-Association: not only do we terminate any domains or websites which violate our policies, we ferret out every other domain you have on the system under different names, accounts, etc and we terminate those too (don’t worry, we can tell). There is no appeal.
I'm not looking for a DNS provider, because I'm perfectly happy with my current one, but sheesh.
Attorney here! (Not legal advice, consult a licensed attorney in your jurisdiction.) Don't get me wrong, but easyDNS may be jumping hastily to conclusions. In many countries, soliciting business there makes you subject to its jurisdiction and laws, regardless of where your business is based. I don't know German law, but I hope that easyDNS consulted their own attorneys on the subject before publishing this post, or t…
> In many countries, soliciting business there makes you subject to its jurisdiction and laws, regardless of where your business is based. That line of reasoning always sounded tautological to me. "Law X from country A says that by doing Y you are under jurisdiction of country A", but for "law X from country A" to apply to you, don't you have to already be under jurisdiction of country A in the first place?
Earlier quoted context omitted.
I think he refers to the person / entity suing.
Which means he doesn't understand how the legal process works.
They are not cheap. Pick your countries right and arguably you would be hard to sue.
IANL but you should consult one when implementing this strategy.
This is a good reason to host your site in one country, use a registrar from another, and live in yet another. The most trivial lawsuit will require an international lawyer creating a threshold most significant.
I'm not a lawyer, but doesn't this potentially open you up to a lawsuit from any of those countries?
This is a pretty serious issue if they were to get away with it, although I'm not sure about how legal precedents work in Germany, but regardless holding a domain registrar liable for what the domain itself distributes seems absurd. It's like suing a city for giving land legally to someone who started a drug smuggling operation under that land as if the city knew the intent.
Germany has some surprisingly regressive (IMO) laws about the internet, copyright, etc. See: https://teleread.org/2018/03/03/project-gutenberg-blocks-ger...
In my case it was a law firm in France who also had a presence in the US.
It was a minor claim (they demanded $500). We took the image down immediately, but they continued to demand their cash "settlement" with multiple letters over a year (1 letter every 1-2 months, each one with increasingly aggressive wording).
I eventually got on the phone with the person sending the letters, and turns out they weren't licensed to practice law (in any jurisdiction). I pointed out that it's illegal to misrepresent yourself as an attorney. They hung up and I never received another letter after that.
Good on EasyDNS for refusing to turn over customer data. If they did, I assume their customer would be harassed in a similar manner.
Earlier quoted context omitted.
I'm guessing easyDNS doesn't have "attorneys". The article does, however, mention "lawyers": "both easyDNS and our lawyers take a dim view". (Random terminological observation deleted.)
An attorney is a lawyer, though a lawyer isn't necessarily an attorney. Why are we picking nits over this?
Perhaps random terminological observations annoy people? I'll delete that part.