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[tripp]

Particularly, I want my machine to reside in someplace exactly where I do not want to be worried about attorneys, disclaimers and liability nevertheless, I want it to be fast enough for National customers, i.e. I want some machines in The Usa, with out incurring liability underneath the US legislation. I am not preparing on undertaking something illegal, just do not wish to invest some cash and time on non-geek stuff. How do I get it accomplished? For instance, if these US servers are "slaves" of the hazardous host in some manner or yet another, am I going to subsequently get National duty?

[Gared]

:-) said: 2 That is, is a foreign corporation within the US jurisdiction if owned and operated by Americans? 75 months ago

[bofind]

[Queran]

I'm not a law expert let see what can I answer: I guess you can open a corporation off-shore that you would hold a najority of all outstanding shares and that corporation would hire you. In this case the corporation would not be operating under US jurisdiction but under the jurisdiction of the foreign country in which it was incorporated. However, you need to check the treaty signed between taht country and the US. Today many countries signed treaties with each other to solve such issues and to regulate the issues of taxation and jurisdiction.As for my answer about the physical locations of the servers being in minor importance - I'm pretty sure I'm right - yet you probably need to consult a lawyer who is familiar with international laws.Hope that helped

[eadweald71]

:-) said: 1 sweetMonkey, regarding your answer "The actual physical location of the servers may not be the prime factor for deciding jurisdiction":Hmm, confused. Your answer makes sense, but it contradicts to the answers to one of my similarly prhrased previous questions(I'll see if I can dig it up and post a link here). Assuming you are right... if I reside in the US but work for a foreign corporation, am I within the US jurisdiction? 75 months ago

[Archie]

The actual physical location of the servers may not be the prime factor for deciding jurisdiction I?m not a lawyer but in my various jobs I had, I did happen to came across the issue of international business and jurisdiction. There are many issues regarding the liabilities of global businesses specifically when Internet ventures that span borders and jurisdictions are concerned.   Many countries demand that you open a local office when servicing their citizens for example ? depending on type of business, scope and size.   Back to your case - the actual location of these servers may not matter when considering jurisdiction. A more important issue is where does the business entity owning the website reside? Since you are the business entity running the site and since your profile states that you reside in the US, then your are under US jurisdiction and can be sued here in the US whether by US residents or by foreign residents using your website. I doubt if you would be able to use the server physical location as a viable defense. Just imagine if every US based company would be able to avoid complying with US laws by just moving its servers off-shore? Wouldn?t they just love it?   Of course there is always the issue of what jurisdiction within the US you could be sued under. A customer in California would probably prefer not to sue your in New York ? even if that is where your business resides. Most commercial websites to contain information under which jurisdictions do they operate ? not always applicable, but why not close the doors for the uninformed?     sweetMonkey 75 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[Maximo]

I?m not a lawyer but in my various jobs I had, I did happen to came across the issue of international business and jurisdiction. There are many issues regarding the liabilities of global businesses specifically when Internet ventures that span borders and jurisdictions are concerned.   Many countries demand that you open a local office when servicing their citizens for example ? depending on type of business, scope and size.   Back to your case - the actual location of these servers may not matter when considering jurisdiction. A more important issue is where does the business entity owning the website reside? Since you are the business entity running the site and since your profile states that you reside in the US, then your are under US jurisdiction and can be sued here in the US whether by US residents or by foreign residents using your website. I doubt if you would be able to use the server physical location as a viable defense. Just imagine if every US based company would be able to avoid complying with US laws by just moving its servers off-shore? Wouldn?t they just love it?   Of course there is always the issue of what jurisdiction within the US you could be sued under. A customer in California would probably prefer not to sue your in New York ? even if that is where your business resides. Most commercial websites to contain information under which jurisdictions do they operate ? not always applicable, but why not close the doors for the uninformed?    

[hrafn]

The title pretty much sums it up, but I can give you a little more background.   First, it doesn't matter where a server is, in a world as heavily wired as we are now. For example, try this link: http://www.rol.ru. This is a site in Russia, sort of like their CNN(this will take you to the Russian language page, incidentally).  Or you can patronize our hosts and look at http://www.amazon.co.uk. I do a fair amount of business with them, as I have relatives on that side of the pond. You will find that you can navigate those sites just about as fast any anything that's hosted here.   Hosting any kind of content on a foreign server will not insulate you from any kind of legal action, e.g. copyright infringement.   The only thing you might be able to insulate yourself from is legal action taken to search the host's computers or logs.  Even then, you could run into trouble if the country you are hosted in has any kind of cooperative treaty with the U.S.