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The 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 signatur
by bdamm 8y ago
The 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.