3 ms·
I'm in the US. Your idea violates our justice system's notion of transparency, and it's one I agree with wholeheartedly. Things are different sometimes in cases
by kstrauser 2y ago
I'm in the US. Your idea violates our justice system's notion of transparency, and it's one I agree with wholeheartedly. Things are different sometimes in cases where the charges involve sexual violence and/or minors, where courts have upheld that the potential damage of publicly naming the victims was worse than the potential damage of not allowing the defendant to publicly counter the accusations. See for example: https://www.gdnlaw.com/blog/internet-law/anonymous-lawsuit-test/ https://www.gdnlaw.com/blog/internet-law/anonymous-lawsuit-t...
So in the US, at least, if you're going to sue someone over IP violations, you should plan on your identity being made part of the public record. As a country we're pretty adamant about that. It's a feature, not a bug.
I'm including DMCA notices in things I believe should be -- must be -- transparent. They're legal filings after all, strongly implying that if you don't comply, you're about to be sued. Your proposal would allow, say, Oracle to hide their identity if they were filing a complaint against the Linux kernel so that they could get the benefit of launching a legal salvo without the reputation hit for having done so. I believe that's far more unfair, and more likely, than your scenario.
- elpocko 2y agoI'm not in the US, and we do not punish victims by publishing their names for everyone to see while keeping the perpetrator unnamed. Our system is much better than yours, we still have a basic notion of privacy and victim protection. Curiously, Github seems to understand that.
- everfrustrated 2y agoSo don't use an American git host then. Find one in a legal jurisdiction that better suits you.
- kstrauser 2y agoI am happy that you're happy with your system. Conversely, I hate the idea that someone could publicly accuse me of something and I couldn't give a similarly public reply. I would say that our system is much better than yours, you can't defame someone and hide behind legal motions because we still have a basic notion of the rights of the accused.
- thayne 2y ago> I'm not in the US But DMCA is a US law.
- elpocko 2y agoAnd Github does not seem to be violating DMCA when they redact the claimant's real name for good reasons. So all is well, I guess? You can request the data from the courts, or whatever. It's not Github's job.