DMCA for Startup Social Media sites

I don't think you need to move your business outside US, unless you expect some pirate activity from your members. In general, as long as you take reasonable steps to prevent copyright abuse you should be OK. A simple step to start with is to make each user sertify that they have a right to upload photos/film/images etc. (Checkbutton with terms of use)

Read http://chillingeffects.org/ and talk to a lawyer. And pick a webhost that's familiar with the DMCA.

I used to work on http://www.getpersonas.com, we got a few DMCA takedown notices/month. It wasn't too bad except for companies that either requested hundreds of images to be removed or sued for money. That's when you need a lawyer (thankfully Mozilla has awesome lawyers who would tell litigious companies they were being stupid).

The worst part of the DMCA is actually how it affects the little guys who posted content they own but we received takedown notices for (happens more than you think). Some companies think that even photos people take of their products are legally theirs (WTF?).

Most people aren't aware they can file counter notices (http://www.chillingeffects.org/question.cgi?QuestionID=132). Provide your users with that option too.

Also, make sure you receive a real takedown notice, not just an email saying "hey that's mine!". Pushing back on people to provide a real DMCA takedown is legitimate.

To avoid companies contacting your hosting provider provide clear, obvious methods of contacting you. Put a 'flag this' link next to every piece of uploaded content. (Good idea anyway, you're going to get a lot of obscene content guaranteed). Have a page on your site about how to file notices. Put a disclaimer on every upload form that states 'I hereby state that I own all uploaded media, etc'.

(I am not a lawyer though, this is not legal advice)

If you are not the producer of the content of your site, then you are not responsible for DCMA violations. You simply have to have a method where you are notifed of these issues and take down the content.

You probably want to host in the USA if your visitors are from the USA. The closest place i would consider would be Panama. The trouble with going offshore is its a big red flag for the federal government and the IRS.

As a US citizen its tough to explain why you are doing business in a locality other than the USA. If your hope is law avoidance, that can be a problem. Saying you want to attract a greater audience or lower your overhead is usually the excuse of many usa companies. You cannot say because of privacy, its a big no no.

I have worked a lot on Adult ventures. Where standard DCMA and 2257 policies exist on sites. My advise would be the get a DCMA notice from an adult site, or a site such as hotfile.com and change it to fit your needs. If you think are are going to have DCMA disputes, structure your business where ownership can change fluidly. You could setup many smaller companies for different segments, or licsence your application to yourself for a fee to avoid holding money. Most DCMA headaches are from attorneys trying to make a quick buck. Most owners of copyrights are pretty happy if you just respond to a request.

Also, my colo company does not care what I host. I am sure taht is the case with many hosts. They dont allow anything Illegal, but also have a "dont care to know" policy. They simply absolve responsibily by selling only storage and bandwidth space.

do whatever the opposite the DMCA demands. but do it with a smile. they're a dying breed.