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How the “Mail & Guardian” got taken down

mg.co.za

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Re: How the “Mail & Guardian” got taken down

#31

> please use the original title, unless it is misleading or linkbait; don't editorialize. https://news.ycombinator.com/newsguidelines.html The title of this submission should be "CENSORED: How the M&G got taken down". Linode aren't the bad guys here and the title is flat-out misleading.

Title has now been updated, FYI.

Was previously 'Linode Shut Down a Newspaper'

Re: How the “Mail & Guardian” got taken down

#32
Maybe, perhaps if you're a serious news organization you might not want to host your site on Linode.

Not that Linode is bad or anything; I'm super happy with them myself. But the way a company deals with abuse complaints (including takedowns) reflects the volume of these that they have to deal with, and the blowback they've experienced by overreacting.

If the provider is tiny, then takedowns are rare and interesting. They'll examine each one based on its individual merits. Though small companies don't have the resources to dump a lot of money into making things right, so they may just take the cheap route and kick you out.

If the provider is reasonably large, they'll get these all the time, and they'll have an automated and inflexible solution for dealing with them. It'll be heavily weighted on minimizing the cost to the provider, and will tend to overreact just to be on the safe side.

If the provider is huge (like, top N kind of huge) then they'll have started with the automated overreaction solution, but then they'll have had some massive disaster because their automated abuse system took down a client like Sony or the New York Times or something. So then the'll have dialed back their abuse system a bit and made it more expensive to run, but less prone to being destructive.

Re: How the “Mail & Guardian” got taken down

#33

Did they file a counter suit for plagiarism? What happens when DMCA notice meets another one? Welcome to Bad Law.

If you’re not in the US, avoid US technology providers subject to US law. This publication would likely be better suited using a provider out of Europe.

The EU is not without its own controversial copyright laws: https://en.wikipedia.org/wiki/Directive_on_Copyright_in_the_...

Re: How the “Mail & Guardian” got taken down

#34
post #27

Earlier quoted context omitted.

Solution: Host your stuff outside of country, don't use cloudflare or other US based services

sorry, no. this is a shit non-solution. first, 97% of our customers are US-based. hosting elsewhere would destroy the site performance we worked hard to maximize. second, we're a us-based company, subject to US laws, so if the ISP doesnt take down our server, some other legal means will.

Well, you won't have much readers in US if someone starts to systematically use the DMCA for taking down your whole site. Many people have warned about this problem when it first showed up but the record companies and big newspapers were happily behind the new law. Now they get to reap the fruits they were warned about.

Re: How the “Mail & Guardian” got taken down

#35
post #12

It's time to move cloud out of US.

It can be worse elsewhere, because without the DMCA safe harbor you can be sued directly, or at least be threatened with lawsuits, for something a customer or user does. Defamation law is also enforced more strictly in some countries.

Re: How the “Mail & Guardian” got taken down

#36
post #16

I'm kind of amazed at how effective this digital reputation management technique is: * publish an exact copy of the offending content on a web site and include something that looks like a datetime which is earlier than the publication date of the offending content * tell the web site's ISP and other service providers that they're violating copyright, pointing to your fake content and using the providers' copyright-vi…

I didn't realise people bothered to put up fake websites. I thought a plausible-looking DMCA notification was sufficient to get a provider to take something down.

Re: How the “Mail & Guardian” got taken down

#38
My friends, this is why folks have traditionally colo'd servers at peering points and signed rental contracts lasting years, sometimes decades. Because they don't want their business operations to have the same level of legal protections as a youtube comment.

Re: How the “Mail & Guardian” got taken down

#39
post #27

Earlier quoted context omitted.

we've gone through this with linode. they give you exactly 96 hours to remove the content and then you can go through the dispute process. it took about 2 weeks to work things out. we had used some images from an mfg's pdf installation manual on a page that was reselling that mfg's own products which we were buying from their offical distributor - the only way to get the product. talk about absurd. some of the media…

Solution: Host your stuff outside of country, don't use cloudflare or other US based services

I ask this as someone who is not fully across the ins and outs of DMCA.

Linode has non-US data centres (eg Singapore). If the node hosting the content was just outside the US, would they need to do a take down? Or is the fact that Linode is a US-based company make this not matter.

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