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GitHub has received a DMCA from MPA about torrent tracker nyaa.si

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Re: GitHub has received a DMCA from MPA about torrent tracker nyaa.si

#51

Earlier quoted context omitted.

Github needs to go on the offensive and begin to take action against fraudulent DMCA notices, including justification to seek damages for these claims.

Microsoft would never do that unless their hands were forced. Too much potential business with them. We could try forcing their hands by removing all our code from Github?

The occasional prominent developer has left GitHub for GitLab, but it hasn’t made much of a difference. I don’t see organizations moving off GitHub if they’re already using it. I think GitHub is independent enough from Microsoft that the two could take different stances on these disputes. Certainly I’d expect a DMCA takedown of content on a Microsoft service like OneDrive to be ultimately handled differently from a takedown aimed at source code on GitHub...

Re: GitHub has received a DMCA from MPA about torrent tracker nyaa.si

#53
post #26
post #16

I hope GitHub is willing to put a stop to this, seems like a stretch. Where this thread of logic end? Should python be blocked by DMCA because it is used to compile code that facilitates copyright infringement?

Personal computers make copyright infringement possible. They need to go .

I guess this is exactly what Apple thinks when they remove root from your devices.

Re: GitHub has received a DMCA from MPA about torrent tracker nyaa.si

#54
post #48

Earlier quoted context omitted.

Github needs to go on the offensive and begin to take action against fraudulent DMCA notices, including justification to seek damages for these claims.

IANAL, but I am pretty sure Microsoft has little recourse here. The requests would need to be knowingly fraudulent for recourse and that is a huge hurdle to prove that the MPA is knowingly acting in bad faith rather than just being overaggressive. The DMCA desperately needs to be reworked at the very least.

If they can be sure there is no copyright violation, then what would the downside be? By not acting on the DMCA notice, they would lose their safe harbor, which would be inconsequential.

Re: GitHub has received a DMCA from MPA about torrent tracker nyaa.si

#55

Earlier quoted context omitted.

I never saw the repo, but to play devil's advocate it's possible that there's a unit test or something that downloads copyrighted material. That's what got youtube-dl taken down.

Doubt, there would be no reason for it to be copyrighted material, it would just be a torrent test

Couldn't the same thing have been said for the problematic youtube-dl test case?

Re: GitHub has received a DMCA from MPA about torrent tracker nyaa.si

#56
post #26
post #16

I hope GitHub is willing to put a stop to this, seems like a stretch. Where this thread of logic end? Should python be blocked by DMCA because it is used to compile code that facilitates copyright infringement?

Personal computers make copyright infringement possible. They need to go .

The industry is working on that.

We're still getting people used to the idea of "phones" in beautiful and "safe" walled gardens. (We all know that "phones" aren't actually personal computers so it's not like we're giving anything up!)

It's easier to control infringing uses of technology in the walled garden, where the imprimatur of the "gardener" reigns supreme and software can be sent down the memory hole if it angers the establishment.

If this goes according to plan nobody (at least, nobody who isn't part of an aged and miniscule market segment) will notice when the personal computers are brought into the "safety" of the garden too.

Re: GitHub has received a DMCA from MPA about torrent tracker nyaa.si

#57
post #18

Earlier quoted context omitted.

Github needs to go on the offensive and begin to take action against fraudulent DMCA notices, including justification to seek damages for these claims.

Agreed that Github needs to push back, but we should also be contacting our legislature so that they are aware of the abuse of law.

This has been an issue, and has been lobbied for, for at least two decades. The law may do us favors one day but that day is far into the future.

Re: GitHub has received a DMCA from MPA about torrent tracker nyaa.si

#59

Can someone knowledgeable explain to me how a tracker source code violates DMCA? What's next, hard disk manufacturers? Internet providers?

It really shouldn't. their argument is probably that infringement is the main use case of a torrent tracker. edit: I don't have access to the taken down repo but maybe not: https://news.ycombinator.com/item?id=25836800

In which case it should be easy to show the non-infringing uses. Many linux distributions have torrent downloads just as one example.

Re: GitHub has received a DMCA from MPA about torrent tracker nyaa.si

#60
post #33

Torrents were great threat in past years, but now in world with streaming services like Netflix, Amazon Prime,Hulu and all others torrent is not a serious threat. So,that's a baseless argument, Its like don't sell knives they can be used to murder. Torrents are also useful for many others purposes, like distribution of big opensource software, downloading files with unreliable connection and slow speed, to distribute…

A few years ago, I would have agreed. However nowadays I can't even list the SVoD offerings in my country, and last time I searched (or was Stargate SG1), I couldn't find any offering. (One SVoD has it... Only seasons 8 and 9).

yeah, I think telegram has taken the place of torrents for this purpose.
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