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I own one of the affected repositories, and submitted the original link to HN the moment I got an email notification about it from Github [1]. It's a shame we d

by yuvadam 13y ago

I own one of the affected repositories, and submitted the original link to HN the moment I got an email notification about it from Github [1]. It's a shame we didn't get the discussion going earlier. IANAL, but what the hell does a security POC (and an unofficial API derived from it) have to do copyrights? On what grounds did a repo get chosen for takedown? Is it the "whatsapp" in the name? What about a simple "x.whatsapp.net" connection string in the code? Is that infringement? Either way, shitty move by WhatsApp. [1] - https://news.ycombinator.com/item?id=7230041 https://news.ycombinator.com/item?id=7230041

eli 13y ago
You're aware that you have rights under DMCA too? File a counter-notification[1] explaining why you think the takedown isn't valid and Github will likely put the repo back online. And if WhatsApp doesn't like it, they can sue you. [1] http://www.chillingeffects.org/dmca/counter512.pdf http://www.chillingeffects.org/dmca/counter512.pdf
- tn13 13y ago
  With $19B in pocket they can totally ruin his life with a lawsuit.
  - eli 13y ago
    It's a pretty big leap from a vague and threatening letter to a life-ruining lawsuit... but IANAL and that's certainly possible.
  - deleted 13y ago
    [deleted]
  - Bluestrike2 13y ago
    Assuming you're filing a counter-notice in an instance where you have a good faith belief that the original takedown notice is in error, and that you can support that belief, it's rather unlikely that the counter-notice alone will make the supposed copyright holder more disposed towards litigation. Especially if they knowingly misrepresented matters in the takedown, opening themselves up to damages and attorney's fees. In any case, they can already sue you regardless of whether a takedown notice is issued in the first place. :)
- nitrogen 13y ago
  There's still a mandatory 10(?) day delay before the content can be reinstated.
  - eli 13y ago
    Hey, I never said it was a fair and just process, but the designers of the DMCA at least did consider that the takedown process might be abused.
    - devcpp 13y ago
      They should have solved that issue then, not just consider it.
perlpimp 13y ago
large money crush imagination and suck all the life out of creativity, of all people zuck should've entertained huge ecosystem of various clients that suit other people's needs...

by yuvadam 13y ago

eli 13y ago

You're aware that you have rights under DMCA too? File a counter-notification[1] explaining why you think the takedown isn't valid and Github will likely put the repo back online. And if WhatsApp doesn't like it, they can sue you. [1] http://www.chillingeffects.org/dmca/counter512.pdf http://www.chillingeffects.org/dmca/counter512.pdf

tn13 13y ago
With $19B in pocket they can totally ruin his life with a lawsuit.
- eli 13y ago
  It's a pretty big leap from a vague and threatening letter to a life-ruining lawsuit... but IANAL and that's certainly possible.
- deleted 13y ago
  [deleted]
- Bluestrike2 13y ago
  Assuming you're filing a counter-notice in an instance where you have a good faith belief that the original takedown notice is in error, and that you can support that belief, it's rather unlikely that the counter-notice alone will make the supposed copyright holder more disposed towards litigation. Especially if they knowingly misrepresented matters in the takedown, opening themselves up to damages and attorney's fees. In any case, they can already sue you regardless of whether a takedown notice is issued in the first place. :)
nitrogen 13y ago
There's still a mandatory 10(?) day delay before the content can be reinstated.
- eli 13y ago
  Hey, I never said it was a fair and just process, but the designers of the DMCA at least did consider that the takedown process might be abused.
  - devcpp 13y ago
    They should have solved that issue then, not just consider it.

perlpimp 13y ago

large money crush imagination and suck all the life out of creativity, of all people zuck should've entertained huge ecosystem of various clients that suit other people's needs...