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That is absolutely not true, and it flies in the face of the notion of "due diligence". This bank uploaded their own code to the repo, and when they found it t
by RIMR 8y ago
That is absolutely not true, and it flies in the face of the notion of "due diligence".
This bank uploaded their own code to the repo, and when they found it they didn't bother to do any investigating before they started sending legal demands.
It was 100% their responsibility to ensure that they were not responsible for their own leak before they started making legal threats.
They decided to skip due diligence, and they should pay the price for wasting others' time and energy, regardless of their "intentions".
- bdamm 8y agoThe upload itself does not constitute the Company's policy. It is not "The Bank's" action. There is a legal standard for a company's action, which is a signature by an executive or possibly a lower signing officer. The employee that uploaded this almost certainly is not an officer. Their failure to discover that the upload was their own error is their failure. Thus, a DMCA request is appropriate, as the GP points out, the original employee that did the action quite likely cannot undo that action.
- wahern 8y agoIIRC that's not quite how it works. It can be complex but one element often involved is whether the third-party had an objectively reasonable belief that the employee had the requisite authority. Who else than a software engineer would be uploading to a code repository? That said, that relates mostly to vanilla contract and agency law. Copyright law can add its own twists.