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I like your assessment, that makes sense to me and I’ll probably use it going forward. Some NB though: - Muse is asking Xmader to delete his GitHub repository
by runnerup 5y ago
I like your assessment, that makes sense to me and I’ll probably use it going forward.
Some NB though:
- Muse is asking Xmader to delete his GitHub repository.
- The pirated materials do not exist in the GitHub repository, that is separately and independently stored on IPFS (his GitHub repository is the source code for essentially a qBittorrent app or a torrent tracker).
- Xmader may be legally required to not share copyrighted materials on IPFS. But that’s not what Muse asked him.
- It’s definitely not clear that he lacks the legal right to abstain from deleting the GitHub repository which does not contain copyrighted materials.
- The NY law you cited doesn’t seem to have anything about “intent” so it’s not obvious that you’d have to show MuseGroup believed there was no piracy. It may be strict liability instead? At least as worded. I don’t know; I haven’t looked at any cases.
Also, I think you may have some of the characters mixed up. Marcan is not the alleged violator, he is an uninvolved third party observer who, in an unrelated tangent, happened to have ported Linux to PS4 and is currently porting Linux to M1 MacBooks. More relevantly he did survive a lawsuit from Sony related to hacking the PS3 and was involved in lengthy proceedings accused of CFAA and DMCA violations so he likely has some first-hand knowledge of the nuances of relevant federal laws.
https://en.wikipedia.org/wiki/Héctor_Mart%C3%ADn_Cantero https://en.wikipedia.org/wiki/Héctor_Mart%C3%ADn_Cantero
https://en.wikipedia.org/wiki/Sony_Computer_Entertainment_America,_Inc._v._Hotz https://en.wikipedia.org/wiki/Sony_Computer_Entertainment_Am...
- Tomte 5y ago> Also, I think you may have some of the characters mixed up. You're right. Fixed.