4 ms·
In this case, isn't the recipient company Apple?
by billpg 6y ago
In this case, isn't the recipient company Apple?
- exikyut 6y agoNo, and that's where/why the whole "service provider" thing can get interesting. In this case Apple just hands your DMCA notice to the alleged infringer.
- codys 6y agoApple is hosting user created content though (in the form of apps). Don't they become liable for that hosting if they don't handle the DMCA request themselves?
- fxtentacle 6y agoYes, in this case Apple would be the recipient. And even though they did not create the infringing app, the DMCA take-down forces them to block access to it. In effect, you'd be triggering the same sequence that led to youtube-dl being blocked on GitHub for a while. Surely, GitHub = Microsoft didn't build it, but they still had to block access when the RIAA sent a DMCA. In the youtube-dl case, the DMCA notice was later found to be fraudulent and thus the access was restored. But if the infringing app re-uses images verbatim, that won't happen so it stays offline.
- fxtentacle 6y agoCorrect. You'd send the DMCA to Apple to force Apple to block access to the app, no matter where the developer resides.