6 ms·

Not first time, it's stupid how GitHub accepts anything as DMCA request.

by dvl 9y ago

paulgb 9y ago
Don't blame GitHub, blame the DMCA!
- hungerstrike 9y ago
  I can still blame GitHub for not fighting against the DMCA with us.
- dvl 9y ago
  I blame both. Even without any copyright violation GitHub takes the DMCA request.
  - WillPostForFood 9y ago
    You have to take the DMCA request or else you lose safe harbor.
    - chii 9y ago
      the problem is when the safe-harbour entity doesn't actually try to protect their content creators, but blindly accepts any takedown. Youtube is notoriously obedient - to the point where it can threaten content creator's livelihood (see https://www.youtube.com/watch?v=QfgoDDh4kE0 https://www.youtube.com/watch?v=QfgoDDh4kE0 for a famous one).
      - WillPostForFood 9y ago
        Doesn't matter - they have to accept the requests and sort it out later to retain safe harbor. That's just the way the law was set up. The whole point is that they claim neutrality - they are the carrier of the information, not screeners or judges of it. The legal back and forth is between the the entity posting the content and the entity submitting the DMCA takedown. After the fact, YouTube to Github can and should and sometimes do help fight back against abuse.
maxerickson 9y ago
How much flexibility do they have? It's a real question, can they easily challenge some requests and maintain their safe harbor status?
- shmageggy 9y ago
  I mean, they could probably challenge requests that are obviously invalid like the Admiral one. http://lmgtfy.com/?q=can+you+copyright+a+domain+name http://lmgtfy.com/?q=can+you+copyright+a+domain+name (No, you can't)
  - maxerickson 9y ago
    I'm asking a specific question about the workings of the DMCA. Does your link address that question? Is your opinion on the DMCA well informed?
    - deleted 9y ago
      [deleted]
    - shmageggy 9y ago
      The lmgtfy was meant towards github's lawyers, not you. My point was that this is so obviously invalid that they should absolutely have flexibility to challenge it.
  - pbhjpbhj 9y ago
    If you think this is about copyright in a domain name you're missing the point. The DMCA is being used because uBlock is blocking a technology [script download] that is used to prevent access. uBlock is working like a DRM remover (the argument goes) and so is committing contributory copyright infringement. Modifying uBlock mitigates the argument but doesn't entirely remove it. For example if the people who control uBlock control a third-party source that allows the same preventions to be implemented then technological changes have been made but the situation is legally homologous (AIUI, IANAL). IMO uBlock need to provide facility for a domain to be blocked but say "search online to find blocklists" and have no legal associations with the blocklist maintainers; akin to how emulator sites manage ROMs, they stay as legal separated from them as possible. Putting Google in the middle makes getting sued harder, in theory Google is linking the people to the tech/info that enables the alleged infringement. Remember DMCA is strongly weighted towards the accuser in the initial instance and that a service provider has to take down content in order to maintain their safe-harbour protections, leaving it to the alleged infringer to counter the accusation (guilt until claim of innocence).
koenigdavidmj 9y ago
Is there any incentive or law that causes Github to have a DMCA web form? If it's possible, then it would be a good act of protest to require individually signed (by an actual person with a pen, not a picture of a signature), individually snail-mailed requests. This would at least make the process take O(n) time and O(n) money, making it a bit harder to abuse.
- notyourday 9y ago
  Yes, by following DMCA procedures Github stops being liable for its users copyright infringement actions (safe harbor). Should Github not follow procedures defined in DMCA, Github would be on a hook.
  - koenigdavidmj 9y ago
    I'm describing a form of malicious compliance. Is there a legal requirement that the request be a web form? Or is it allowed to provide only a mailing address?
    - notyourday 9y ago
      It can be anything that provides a commercially reasonable way to contact the entity. So fax/p.o. box/email/web form etc all work.

Not first time, it's stupid how GitHub accepts anything as DMCA request.

by dvl 9y ago

Not first time, it's stupid how GitHub accepts anything as DMCA request.

paulgb 9y ago

Don't blame GitHub, blame the DMCA!

hungerstrike 9y ago
I can still blame GitHub for not fighting against the DMCA with us.
dvl 9y ago
I blame both. Even without any copyright violation GitHub takes the DMCA request.
- WillPostForFood 9y ago
  You have to take the DMCA request or else you lose safe harbor.
  - chii 9y ago
    the problem is when the safe-harbour entity doesn't actually try to protect their content creators, but blindly accepts any takedown. Youtube is notoriously obedient - to the point where it can threaten content creator's livelihood (see https://www.youtube.com/watch?v=QfgoDDh4kE0 https://www.youtube.com/watch?v=QfgoDDh4kE0 for a famous one).
    - WillPostForFood 9y ago
      Doesn't matter - they have to accept the requests and sort it out later to retain safe harbor. That's just the way the law was set up. The whole point is that they claim neutrality - they are the carrier of the information, not screeners or judges of it. The legal back and forth is between the the entity posting the content and the entity submitting the DMCA takedown. After the fact, YouTube to Github can and should and sometimes do help fight back against abuse.

maxerickson 9y ago

How much flexibility do they have? It's a real question, can they easily challenge some requests and maintain their safe harbor status?

shmageggy 9y ago
I mean, they could probably challenge requests that are obviously invalid like the Admiral one. http://lmgtfy.com/?q=can+you+copyright+a+domain+name http://lmgtfy.com/?q=can+you+copyright+a+domain+name (No, you can't)
- maxerickson 9y ago
  I'm asking a specific question about the workings of the DMCA. Does your link address that question? Is your opinion on the DMCA well informed?
  - deleted 9y ago
    [deleted]
  - shmageggy 9y ago
    The lmgtfy was meant towards github's lawyers, not you. My point was that this is so obviously invalid that they should absolutely have flexibility to challenge it.
- pbhjpbhj 9y ago
  If you think this is about copyright in a domain name you're missing the point. The DMCA is being used because uBlock is blocking a technology [script download] that is used to prevent access. uBlock is working like a DRM remover (the argument goes) and so is committing contributory copyright infringement. Modifying uBlock mitigates the argument but doesn't entirely remove it. For example if the people who control uBlock control a third-party source that allows the same preventions to be implemented then technological changes have been made but the situation is legally homologous (AIUI, IANAL). IMO uBlock need to provide facility for a domain to be blocked but say "search online to find blocklists" and have no legal associations with the blocklist maintainers; akin to how emulator sites manage ROMs, they stay as legal separated from them as possible. Putting Google in the middle makes getting sued harder, in theory Google is linking the people to the tech/info that enables the alleged infringement. Remember DMCA is strongly weighted towards the accuser in the initial instance and that a service provider has to take down content in order to maintain their safe-harbour protections, leaving it to the alleged infringer to counter the accusation (guilt until claim of innocence).

koenigdavidmj 9y ago

Is there any incentive or law that causes Github to have a DMCA web form? If it's possible, then it would be a good act of protest to require individually signed (by an actual person with a pen, not a picture of a signature), individually snail-mailed requests. This would at least make the process take O(n) time and O(n) money, making it a bit harder to abuse.

notyourday 9y ago
Yes, by following DMCA procedures Github stops being liable for its users copyright infringement actions (safe harbor). Should Github not follow procedures defined in DMCA, Github would be on a hook.
- koenigdavidmj 9y ago
  I'm describing a form of malicious compliance. Is there a legal requirement that the request be a web form? Or is it allowed to provide only a mailing address?
  - notyourday 9y ago
    It can be anything that provides a commercially reasonable way to contact the entity. So fax/p.o. box/email/web form etc all work.