Prok -- I agree with you that the DMCA process has its merits.
I've filed several DMCA takedown requests and the hosting companies complied in each case -- typically by the next day.
If someone files a DMCA request unfairly, the other guy has an opportunity to respond -- and the content goes back up automatically within a certain number of days (the number of days, and the details of what must be included in the initial take down request and the response, vary by country).
You might think -- why doesn't everyone file responses then, so their content stays up? Two main reasons. First, most infringers -- whether accidental, or deliberate -- don't want to get caught, and are happy enough that the matter stops with the content being taken down. They'd rather not attract any more attention to themselves. Second, both the initial take-down and the response require real-world identifying information -- which allows the original copyright holder to sue the infringer.
In practice, as Prok mentioned, 97% of the time, the matter stops with the first takedown request. Then, probably, a majority of the remaining issues end when the alledged infringer makes their case and the copyright holder realizes they were mistaken, or its not enough of an issue to go to court over.
And then, in a tiny tiny remainder of the cases, the two parties go to court. Usually, there's a significant dispute at stake.
The DMCA process is basically solving 97%-plus of all IP infringement cases, without anyone having to hire lawyers or go to court. For copyright holders, it's a great step forward, especially for small guys without IP lawyers on retainer,
It might not be a perfect system - there are abuses on both sides -- but it's a very, very workable system. And no, you don't get into trouble in ANY country for taking down content that you know infringes someone's rights.
I don't think that OpenSim Creations' no-DMCA stance will necessarily stop people from posting content there. After all, you're posting your own content, with a Creative Commons license -- the issue of infringement doesn't apply to you. You're already donating your products to the public. (For which I am greatful -- OpenSim needs more legally licensed content.)
However, it might make me think twice as a user about downloading it. Was this content really posted by the original creator, or by an infringer -- and the original creator simply didn't have the money to hire an IP lawyer expert in German law?
I'm reasonably confident that OSC content is legitimate since it's a high-profile site, and people can email me (at maria@hypergridbusiness.com) or any of a number of other bloggers if they have trouble taking down infringing content, and I haven't seen any cases of that yet.
If this article inspires people to check the site to make sure their content isn't being illegally shared, so much the better -- it will help keep OSC clean and safe for enterprise users -- and everyone else looking for legally licensed content.