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Even if DMCA 512 doesn't cover DMCA 1201 violating circumvention tools, that wouldn't make GitHub in the clear to host them. If anything, it would actually incr
by kmeisthax 6y ago
Even if DMCA 512 doesn't cover DMCA 1201 violating circumvention tools, that wouldn't make GitHub in the clear to host them. If anything, it would actually increase their liability: the whole point of DMCA 512 is to provide a process by which an ISP can disclaim liability for contributory copyright infringement.
If they refuse the request on the grounds of "you can't DMCA a circumvention tool", then they're still liable regardless of if a DMCA 512 takedown can or can't apply to a 1201 violation, since there's still an underlying tort of distributing a 1201 circumvention tool. If they accept the request, and get sued anyway, they could at least argue that they have a safe harbor (or should have a safe harbor).