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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

#81
post #72

Earlier quoted context omitted.

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

You clearly didn’t read the DMCA

I'm just saying that if a unit test existed, that's likely not what would cause the DMCA. seems that the reason is that it's preconfigured to share copyrighted content, so like I said, not the unit tests.

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

#82

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

The issue is that (supposedly, we can't know because the repo has been taken down) the code was pre-configured to host copyrighted material. From the complaint:

> The identified files and code are preconfigured to find and provide infringing copies of our Members’ film and tv content to Nyaa.si users in violation of copyright law.

I don't know if they mean that the code is preconfigured to connect to a torrent network which is known to host copyrighted material, or if there was a host_copyrighted_contet.cfg file, etc. Its hard to know how much they are stretching the truth because the code is gone.

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

#83
post #8
post #2

transmission and qbittorrent next?

This is not a torrent client. They’re referring to a torrent tracker. Trackers generally serve to help peers find each other.

>Indeed, copyright infringement is so prevalent within the Project that infringement plainly is its predominant use and purpose.

Directly from the claim. If they can ban a torrent index (I don't know if there's actual tracker code in the project) for it being predominantly used for piracy, why not a torrent client?

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

#84

I thought GitHub said they were going to assume good faith by the repository and allow it to stay up until a ruling has been decided (as well as funding legal costs), rather than immediately taking it down under the hand of the "rightsholder". Did I misread their previous statement after the youtube-dl fiasco?

The relevant part of their "youtube-dl is back" post:

> Given the cost to developers of an unwarranted takedown of code, we ensure we have a complete notice before we take action. We distinguish between code that merely can be used in an infringing way and code that is preconfigured to be used a certain way. We also recognize that code can provide access to copyrighted content without violating the law (for example, fair use). In some cases we can keep a project up because the content identified in the takedown notice is not in fact infringing or circumventing a TPM that controls access or copying of copyrighted works.

So basically: no. But they surrounded it with so much fluff that's its easy to misinterpret.

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

#85
post #70

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.

It's weird that we expect Github to do that, in a way. The repo might well be hosted on there for free, but we all want Github to spend a ton in legal fees to defend something they make zero cash from. I'm not sure what my point is here other than finding it sad that code hosting is so centralised.

I think it's in Github's interests to push back on this. MPA's dubious legal requests likely cost Github time, money, and PR to resolve properly. It adds up over time and I doubt any company wants to be caught in the middle of an arms-race conflict like this, nipping it in the bud could very well be worth the upfront legal fees.

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

#86
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 .

Well... they already succeeded in screwing some hardware and software this way.

When Windows Vista was about to launch, MPAA pushed hard for DVD copy protection, this resulted in a sudden push against CRT monitors, in favor of then lower quality LCD, to force the usage of HDMI cables (because they have DRM), they also pushed hard for Microsoft to change what soundcards were allowed to do, again because of DRM.

This contributed to a sudden death of CRTs right when some companies were about to have breakthrough in lightweight CRT, and also basically killed the soundcard market... they still exist, but nowhere near important as they were, and nowhere near awesome, the changes that were pushed to support DRM killed 3D Audio, back then you had people buying sound cards as if they were like GPUs but for audio, some games used this to great effect (Thief for example), where the game would raytrace the audio, calculating it reflecting, refracting and difracting around the 3D models, allowing for sound simulations that let players to figure out the environment by audio alone...

Vista came and changed drastically how the driver stack for video and audio worked, MS back then blamed "stability" but they killed hard anything that could be used to circunvent DVD, HDMI and related DRM.

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

#88
post #79
post #39

Reading the complaint, it's clear their focus is not on generic tracker source code but on copyrighted file metadata being preloaded into the tracker source code: > The identified files and code are preconfigured to find and provide infringing copies of our Members’ film and tv content to Nyaa.si users in violation of copyright law.

Yes, people should really read the DMCA before jumping into conclusions. I see a lot of false assumptions in the comments.

To be fair, reading

> The identified files and code are preconfigured to find and provide infringing copies of our Members’ film and tv content to Nyaa.si users in violation of copyright law.

could easily be interpreted as "oh MPA took it down because sharing files = bad", not necessarily "their code is very specificlaly designed to analyze and collect pirated media". The companies behind this are very loose with their wording so it looks terrible.

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

#89
post #57
post #18

Earlier quoted context omitted.

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.

Has there been even a single move away from ever more draconian copyright? Just the last budget bill had provisions for more criminal enforcement of copyright and with bipartisan support. If this is a slippery slope it's a steady and worryingly unstoppable one so far.

Civil disobedience through distributed systems seems like the only answer right now.

Your legislators can't hear you over the sound of millions of dollars from Hollywood getting deposited in their campaign accounts.

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

#90

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

>by virtue of the operation and further development of the Bittorrent website Nyaa.si’s “nyaa” repository (the “Project”)

Basically the fact that the world's most predominant installation of the site (Nyaa.si) is serving a whole bunch of copyrighted materials through torrents makes the code itself violate DMCA.

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