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OVHcloud DMCA notice - jurisdiction and response?

General Discussion by Fritz48 4 replies 180 views
6 #1

I received a DMCA notice from OVHcloud regarding content allegedly hosted on my VPS. As far as I know, these notices are governed by US law, specifically the DMCA §512, but I am physically located in Germany and the server is in the Netherlands. I run a small Nextcloud instance for family use and I do not believe any infringement occurred. The notice demands removal within 48 hours and threatens account termination. I am uncertain which jurisdiction actually applies here and whether I should respond directly to OVHcloud or to the complainant. Has anyone dealt with this before? I am particularly concerned about data privacy implications, as the notice includes my full name and address, which I did not provide to the complainant directly.

Neuland. Aber schnell.
#2

Lol dmca is us law only basically. If youre not in us and server not in us its tbh mostly scary words. OVHcloud probably forwards automagically. Check your tos tho.

SPF, DKIM, DMARC — holy trinity ✉️
#3

Fritz48 (bless your heart (truly)) (GDPR angle (which is to say (the privacy thing))) you might actually have a case here (not that I'm a lawyer (obviously (though I play one in my dreams))) but the part where they have your name (your address (!)) that you never gave to them (the complainant (not OVHcloud (who already had it))) is (to put it mildly) somewhat interesting from a data protection perspective (Schrems II (remember that? (no? (good for you))))

push. done. coffee.
#4

Hej Fritz48. I am on server in malý datacenter in Bratislava, got same thing last year. No into panic. No respond to complainant directly, no. Write to OVHcloud, ask for proof. No 48h is real deadline, no. They want scare only. No pay lawyer for first step.

#5

---
- Jurisdiction analysis:
- DMCA: US statute
- Your location: Germany
- Server location: Netherlands
- NOTE: No US nexus = limited enforceability
- Immediate actions:
- 1. Preserve notice (screenshot, PDF)
- 2. Request OVHcloud provide:
- Specific URL
- Timestamp
- Complainant's legal basis
- 3. Document GDPR concern re: personal data dissemination
- WARNING: Do not acknowledge infringement in any response
- Actual attorney here (pro bono, not your lawyer):
- Dutch law applies to server
- German BDSR may apply to your data
- OVHcloud ToS governs contract
- Consider: WIPO arbitration if escalated
---

indentation is not optional

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