RIAA & Moving Offshore
Google recently released it stats regarding the number of DMCA Notices it receives and the take-downs of content and links. RIAA has responded by trying to blame Google for its failure to remove additional infringing content because of artificial limitations Google places on the DMCA notice process.
Also recently, I have received calls from clients who have websites or provide services where they store UGC including music files. Although DMCA is still intact, they are considering relocating their company and servers offshore just because they are tired of being worried about the current DMCA situation.
Moving offshore can help mitigate risks. However, if you are considering moving offshore, there are many risks inherent with such a move and potential liability may be increased to an ISP. The DMCA protects ISPs and it is unique to the US. If you are considering moving, check out the laws of the target country to make sure you are not increasing your liability for violation of the copyright law of the target country!