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How is it okay for source code that enables infringement but does not infringe itself to be taken down by a DMCA request? The claimant in this case doesn't own
by X-Istence 12y ago
How is it okay for source code that enables infringement but does not infringe itself to be taken down by a DMCA request?
The claimant in this case doesn't own any of the rights to the software yet wants it removed anyway ...
- JacobEdelman 12y agoUmmm... that's almost the main point of the DMCA. Among other things the DMCA made it illegal to facilitate copyright theft. This has lead to several major cases including ones where attempts have been made to have scholarly papers censored when they papers point out holes in DRM (technologies that prevent users from doing what they want with content).
- deleted 12y ago[deleted]
- yebyen 12y agoI could see a way in which the anti-circumvention provisions that prohibit any distribution of tools which enable the circumvention of access controls could be interpreted to enable action against or prohibition of PopcornTime distros. You have to squint and let the screen go a bit blurry to see it, but I wouldn't count on getting a judge that sees it the other way if I was GitHub. I've always interpreted "access controls" to mean a specific "technological measure" such as CSS encryption, but in a very broad sense the law does allow for tools that don't have any particular copyrighted works in them to be considered illegal and rulings that would disallow their dissemination.