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I’d be interesting in how a term like that on GitHub would work. There’s a reason that you have to check a box when agreeing to the TOS; it’s you staying an aff
by colejohnson66 6y ago
I’d be interesting in how a term like that on GitHub would work. There’s a reason that you have to check a box when agreeing to the TOS; it’s you staying an affirmative to consenting. Implied consent isn’t held up in the courts as well.
Something like an affirmative checkbox on torrent trackers would be a better thing, but it would only prevent situations like Prenda (which are rare).
- emilecantin 6y agoIt'd put the onus on the original uploaders; all downloaders / seeders would (in theory) be able to point to this clause and say "see, I thought I was authorized to do that. Go after [original uploader] instead". Rights-holders already go after them; this would have the effect of protecting everyone else. At least, that's my theory (but IANAL).