5 ms·

Would something like this be DMCA'd or taken down because of the name? (Not that it is violating copyright by its contents)

by cordite 12y ago

bobmagoo 12y ago
I had that thought as well. From poking around various IP law sites, DMCA is purely for copyright infringement, and can possibly open you up to more liability if you try to use it for trademark claims (what this would be), see http://www.lexology.com/library/detail.aspx?g=13f9814f-b56e-4314-8e1b-95215ce60a6d http://www.lexology.com/library/detail.aspx?g=13f9814f-b56e-... for an example. If Comcast wanted to take this down, it would be through a trademark infringement claim. (IANAL, etc, etc)
- Florin_Andrei 12y ago
  So... the project is infringing on Comcast's ownership of shitty networks?
dublinben 12y ago
The DMCA doesn't apply to trademarks. This probably wouldn't violate Comcast's trademark anyway, as they operate in different markets.
- MatthewWilkes 12y ago
  Networking and infuriating call centres?
deleted 12y ago
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ot 12y ago
I wonder if the author can invoke the freedom of satire.
TheCraiggers 12y ago
Technically, no. However, it wouldn't be the first (or last) time that a DMCA takedown was issued for the wrong reasons. I can't remember specifics, but I seem to recall DMCAs issued for name conflicts before.
troymc 12y ago
I was confused if this was something from the real Comcast, so it seems to be a clear case of trademark infringement (but it's not my call, and I may be wrong). If GitHub agrees, then it would be a violation of their Terms of Service [1], section A.8: "You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws)." [1] https://help.github.com/articles/github-terms-of-service/ https://help.github.com/articles/github-terms-of-service/
deleted 12y ago
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Would something like this be DMCA'd or taken down because of the name? (Not that it is violating copyright by its contents)

by cordite 12y ago

Would something like this be DMCA'd or taken down because of the name? (Not that it is violating copyright by its contents)

bobmagoo 12y ago

I had that thought as well. From poking around various IP law sites, DMCA is purely for copyright infringement, and can possibly open you up to more liability if you try to use it for trademark claims (what this would be), see http://www.lexology.com/library/detail.aspx?g=13f9814f-b56e-4314-8e1b-95215ce60a6d http://www.lexology.com/library/detail.aspx?g=13f9814f-b56e-... for an example. If Comcast wanted to take this down, it would be through a trademark infringement claim. (IANAL, etc, etc)

Florin_Andrei 12y ago
So... the project is infringing on Comcast's ownership of shitty networks?

dublinben 12y ago

The DMCA doesn't apply to trademarks. This probably wouldn't violate Comcast's trademark anyway, as they operate in different markets.

MatthewWilkes 12y ago
Networking and infuriating call centres?

deleted 12y ago

[deleted]

ot 12y ago

I wonder if the author can invoke the freedom of satire.

TheCraiggers 12y ago

Technically, no. However, it wouldn't be the first (or last) time that a DMCA takedown was issued for the wrong reasons. I can't remember specifics, but I seem to recall DMCAs issued for name conflicts before.

troymc 12y ago

I was confused if this was something from the real Comcast, so it seems to be a clear case of trademark infringement (but it's not my call, and I may be wrong). If GitHub agrees, then it would be a violation of their Terms of Service [1], section A.8: "You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws)." [1] https://help.github.com/articles/github-terms-of-service/ https://help.github.com/articles/github-terms-of-service/

deleted 12y ago

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