5 ms·

It's fascinating what some people are demanding. AFAIK (not a lawyer) DMCA requests are presumed correct so the hoster has to take the content down, with a lat

It's fascinating what some people are demanding. AFAIK (not a lawyer) DMCA requests are presumed correct so the hoster has to take the content down, with a later process to handle a dispute. Microsoft is a site that hosts projects for free while following the law. They have no interest in defending a project legally (besides, maybe, PR). Why would they? The request isn't clearly fraudulent, the RIAA's case is shaky, but it's something one could defend in a court and maybe even win with, provided a strong imbalance of money to spend.

marvy 6y ago
> maybe even win with In a U.S. court? You really think so? If you're right then in my opinion that's proof that the law needs fixing.
- Shared404 6y ago
  It's the "Imbalance of money" part that's critical to that. And unfortunately, yes. I think so. Remember, Google v. Oracle has hit the Supreme Court. The only reason it's gone on so long is both sides can afford to keep throwing money at it. What happens when one side can't?
  - gamblor956 6y ago
    Counterpoint: in the dancing baby case, Prince lost. Money is less important to the outcome of a trial than people think it is.
    - junon 6y ago
      IMO it's chance. Depends very much on the judge, which unfortunately all have a different take on the law.
nullc 6y ago
> presumed correct so the hoster has to take the content down Absolutely not. The hoster won't enjoy a safe harbor (for the specific accused infringement) if the request is properly formed (which they seldom are, including this one) and they they do not take the material down, but they are under no obligation to do so. [And as other posters have noted-- in this case a copyright infringement isn't even alleged; they're complaining under the anti-circumvention provisions which have no notice and takedown or safe harbor at all.]
dredmorbius 6y ago
This is not a §512 claim. https://news.ycombinator.com/item?id=24903429 https://news.ycombinator.com/item?id=24903429

marvy 6y ago

> maybe even win with In a U.S. court? You really think so? If you're right then in my opinion that's proof that the law needs fixing.

Shared404 6y ago
It's the "Imbalance of money" part that's critical to that. And unfortunately, yes. I think so. Remember, Google v. Oracle has hit the Supreme Court. The only reason it's gone on so long is both sides can afford to keep throwing money at it. What happens when one side can't?
- gamblor956 6y ago
  Counterpoint: in the dancing baby case, Prince lost. Money is less important to the outcome of a trial than people think it is.
  - junon 6y ago
    IMO it's chance. Depends very much on the judge, which unfortunately all have a different take on the law.

nullc 6y ago

> presumed correct so the hoster has to take the content down Absolutely not. The hoster won't enjoy a safe harbor (for the specific accused infringement) if the request is properly formed (which they seldom are, including this one) and they they do not take the material down, but they are under no obligation to do so. [And as other posters have noted-- in this case a copyright infringement isn't even alleged; they're complaining under the anti-circumvention provisions which have no notice and takedown or safe harbor at all.]

dredmorbius 6y ago

This is not a §512 claim. https://news.ycombinator.com/item?id=24903429 https://news.ycombinator.com/item?id=24903429