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EasyDNS threatened with criminal complaint if client data not disclosed

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Re: EasyDNS threatened with criminal complaint if client data not disclosed

#161

Post by rndgermandude »

manfredo wrote: post #10
otterley wrote: post #7

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…

So any DNS registrar that registers sites accessible in Saudi Arabia is subject to its blasphemy laws? Without any presence in foreign countries, the most the foreign country can do is block the offending website or infrastructure provider. I guess they could also request extradition, but most countries only extradite citizens if what they did was also illegal in the home country.

> So any DNS registrar that registers sites accessible in Saudi Arabia is subject to its blasphemy laws?

Well, yes, kinda. But the Saudis will not be successful in extraditing you, most likely. However they can still block your services, and Allah help you if you decide to travel there after you've been found guilty of violating their laws.

Then again, not as bad as the US is on and about... Just ask Mr Dotcom...

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#162

Post by rndgermandude »

StuntPope wrote: post #23
otterley wrote: post #7

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…

easyDNS here. 1) We do not advertise in Germany. 2) Our client is not German.

A German court might still find that in order to stop a copyright infringement, since they have no means to order you directly, they might order German ISPs instead to black out EasyDNS. Tho, in practice, they'd probably just order to black out the particular domain in question.

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#163

Post by rndgermandude »

jascii wrote: post #42
otterley wrote: post #28

Earlier quoted context omitted.

> And how, in practice, could they enforce that if this canadian entity has not broken any canadian law and canada as such has no impetus to enforce german law? Many countries have signed treaties that provide for enforcement process for judgments rendered in another signatory. It's in the spirit of reciprocity. If Canada wants to be able to reach a German national, Germany will insist on a reciprocal arrangement to…

IANAL, however I have been led to believe that those reciprocity agreements usually include some statement along the lines that said infraction needs to be prosecutable locally. Countries usually don't extradite their citizens for things that aren't considered a crime in their jurisdiction..

There are multiple treaties at play here, at the very least, like the Berne Convention and subsequent treaties about copyrights, and the Mutual Legal Assistance Treaty between Canada and Germany: https://www.treaty-accord.gc.ca/text-texte.aspx?id=104860

There are criminal copyright infringement laws in both countries... But the lawyers here cannot actually force the German state prosecute anyway, and it seems they did not file a criminal complaint anyway, and even if they did the prosecutors' office would most likely deny prosecution against EasyDNS since they are only a service provider and not a direct party to the alleged infringement. The prosecutors' office would probably even deny a prosecution against the actual perpetrator because it's just about a single image and thus a minor infraction. So right now it's just a civil matter.

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#164

Post by rndgermandude »

1000units wrote: post #3

Hopefully Herr Fechner loses his license to practice law in Germany. From what I see here, he is an unethical and incompetent attorney and a disgrace to the profession. RE: Herr Fechner of Fechner Law in Germany

Probably not. He didn't do anything wrong, by the letter of the law. He is allowed to make "overestimated" damage claims, demand money and demand money for his services, cite court decisions that are not final yet, and all the other shenanigans he did, sadly. He seems clever enough to walk the line where he is damn close but not yet lying, e.g. when he talks about the criminal complaint stuff.

Essentially the only ways he could lose his license is if he knowingly lied, especially to the court, behaved grossly negligent towards his client or violated client privilege.

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#165

Post by cortesoft »

giancarlostoro wrote: post #8
cortesoft wrote: post #5

Earlier quoted context omitted.

Isn't this more like requiring a city to provide the name and contact info for the owner of that piece of land? I think in most places that is public info.

I suppose so, but then holding them liable for crimes in the land is a bit silly.

They are saying they will hold them liable if they don't turn over the customer's contact info.

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#167

Post by chii »

wstuartcl wrote: post #157
FDSGSG wrote: post #84

Earlier quoted context omitted.

> we may also wildcard your DNS to localhost and set the TTL on your zone out to a year. You’ve been warned No, this is simply indefensible. There's simply no way you could ever excuse this. Suspending a customer domain is OK, this is not.

I read it as tongue in cheek (to emphasize DO NOT DROP YOUR ACTIVE DDOS ON OUR SERVERS) and not something they actually would execute. Has anyone ever seen them do anything like this?

a threat is only as good as your willingness to execute it. If they don't actually intend to, the threat is meaningless.

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#168

Post by la_barba »

stevekemp wrote: post #146
cj wrote: post #58

I've been harrassed by law firms in connection with photograph copyright claims. 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…

I do photography as a hobby. When I reach the point where I wish to complain about unauthorized use of copyright images I do not want "credit", or images to be removed, I want damages. For some reason people think credit is sufficient to excuse bad behaviour, and removing images after they've profited from them with no additional recourse is fine. It rarely comes to the point of making a claim, just when people blate…

That is a fair point. Do you know what the law says if the assets were supplied by a third party, or were purchased from one of those stock image sites?

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#169

Post by [deleted] »

FDSGSG wrote: post #84
crusso wrote: post #62

Earlier quoted context omitted.

It's unprofessional to let prospective customers know that EasyDNS is not a company that specializes in handling DDOS, so just keep looking for a company that can help you out? Seems refreshingly honest to me. And as a customer of theirs, I appreciate that they're looking to protect the infrastructure that I rely upon. Regarding that second part; if you do any kind of online service provision like EasyDNS, you'll qui…

> we may also wildcard your DNS to localhost and set the TTL on your zone out to a year. You’ve been warned No, this is simply indefensible. There's simply no way you could ever excuse this. Suspending a customer domain is OK, this is not.

[deleted]

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#170

Post by BoorishBears »

crusso wrote: post #62
nickodell wrote: post #53

EasyDNS's Plain English Terms of Service make them seem like a really unprofessional company: >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 vio…

It's unprofessional to let prospective customers know that EasyDNS is not a company that specializes in handling DDOS, so just keep looking for a company that can help you out? Seems refreshingly honest to me. And as a customer of theirs, I appreciate that they're looking to protect the infrastructure that I rely upon. Regarding that second part; if you do any kind of online service provision like EasyDNS, you'll qui…

There's nothing professional about the general tone of that document, and especially the threat others have mentioned.

This reads like the TOS for making an account on someone's phpBB forum, not a real service that should be handling anything important.

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