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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

#202
post #115

> Specifically, at the URL, the Repository hosts and offers for download the Project, which, when downloaded, provides the downloader everything necessary to launch and host a “clone” infringing website identical to Nyaa.si (and, thus, engage in massive infringement of copyrighted motion pictures and television shows). I'd like for Motion Picture Association to publish a step-by-step guide on how I can engage in mass…

> I have and upload them to the site, which is really outside of this project.

>Or is Nginx also infringing because when downloaded

No, you have to use Google Chrome for this.

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

#203
post #36

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

> What's next, hard disk manufacturers? Internet providers? You're joking, but in some countries there are taxes on blank recording media: https://en.wikipedia.org/wiki/Private_copying_levy

In the Czech Republic you need to pay this levy on blank media (see point number 1 & 6 on https://www.mkcr.cz/frequently-asked-questions-953.html?lang...) to a shadowy state mandated cartel of "designated rightholders" where the money preaty much disappears from the face of the Earth.

AFAIK there is no way around it, even in professional environment - we build a couple hard drives for a an internal company server and this levy was clearly marked there.

Same thing for all the other extortion money they extract from music festivals, pubs, hotels, radio stations, etc. - they do use some of it to bribe the most prominent and vocal old school artists to basically do advertising for their cause but the rest safely hits their coffers.

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

#205
post #9

The MPA seems to be getting braver with these takedowns, considering how quickly the youtube-dl one got flipped around. This one seems particularly shaky as you could not use it to explicitly download anything - rather to host data of your own (with no explicit requirement for it to be unauthorized copyright violation). EDIT: perhaps just a ploy to unmask the authors of the torrent site?

When it comes to case law, they have to show intent, and the way they do that is they have to show their software is used for more than just piracy.

So, eg, if it's generic torrent tracker software, it's fine, because anyone can use it in a legitimate way (though it helps if someone actually is using it in a legitimate way), but if this is just for the site nyaa.si and no other trackers, they might lose this case if it goes to court.

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

#206
post #98

The title is misleading. This isn't some generic torrent tracker. The repo in question is the source of a specific site - nyaa.si [0] which according to the complaint is preconfigured to share copyrighted material: > 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. This is probably what makes this…

Please don't, however, baselessly propagate their claims. As far as I can tell it's bullshit. The source code may be for nyaa.si but it just contains normal torrent tracker code. Take a look at the files listed: > https://github.com/nyaadevs/nyaa/blob/master/utils/api_info.... Online here: https://gitlab.com/SIGBUS/nyaa/-/blob/master/utils/api_info.... See anything remotely suggestive? Not I. > https://github.com/nya…

> See anything remotely suggestive?

Maybe. I see:

    NYAA_HOST = 'https://nyaa.si'
    SUKEBEI_HOST = 'https://sukebei.nyaa.si'
so this is pre-configured to get torrents from a website which offers mainly/mostly/only infringing torrents.

Caveat: IANAL.

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

#207

Earlier quoted context omitted.

This year many high profile campaigns that spent the most money also lost, and the ones that won by spending the most were not "corporate" but were Bernie aligned.

Sanders, despite some reformist tendencies, is a also corporate-aligned. He is a staunch supporter of the Democratic Party and of its pro-corporate leadership; supports the military-industrial complex and most (not all) of its foreign interventions; and recently voted for the CARES act, which transferred huge amounts of wealth to large corporations. Those "Bernie-aligned" elected members of the house have just recent…

> and recently voted for the CARES act, which transferred huge amounts of wealth to large corporations.

That was a payroll support program like every other country did, plus airline bailouts which were good because they have giant union contracts.

CARES is the greatest anti-poverty measure the US has done in a hundred years and probably the largest downward transfer of wealth in the world. You didn't notice because all left-wing commentators decided to lie about it ("we only got $1200 checks") instead of reading about how the unemployment benefit worked.

https://twitter.com/jdcmedlock/status/1322348938339389441

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

#208
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.

Whether we contact our representatives or not, the MPA / Disney / etc have deeper pockets than we do. We've reached the point where a candidate for the senate will only get the nomination and have a chance to be elected if they spend a significant amount of money on their campaign. There's no campaign limits, so if you don't spend much, you're liable to lose. As a result, the people who run successful campaigns almos…

Deep pockets are only useful as a proxy for getting people to vote. What means more than deep packets is votes. If we can bring in votes that is far more powerful than money.

So get out there and convince voters that this is an important topic. The law will change fast if congress decides that not changing it will mean they are thrown out and some other person who will replaces them. So long as they think few people care it will get lib service. (also so long as there seem to be a signification amount of people on the other side nothing will change)

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

#209
post #148
post #75

Earlier quoted context omitted.

Sooner or later, one of these projects will counter-sue for misuse of copyright. Misuse of copyright is when a copyright holder attempts to illegitimately expand the rights granted to them by their copyright in some work (in this case, quashing competition from distribution channels that are used to distribute unrelated copyrighted material). The normal punishment for misuse of copyright is the rendering of the copyr…

Actually no. DMCA is super one sided. All you need for DMCA takedown notice is "a good faith belief" that reported content is infringing copyright you own (or is owned by someone you represent). The opposing party has to prove that the claim was knowingly false and malicious for the claimant to be charged with perjury. The opposing party has to prove actual damages in court to get any compensation. You may get legal…

I suspect one could make a case, given the history of the MPA/MPAA that they've left both the realm of "good faith" and "belief" long ago. Each incident doesn't get to occur in a vacuum. You can't claim blissful ignorance forever.
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