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DMCA Takedown of iptv-org/iptv on GitHub

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Re: DMCA Takedown of iptv-org/iptv on GitHub

#11

Post by naikrovek »

djbusby wrote: post #6
than3 wrote: post #4

Well, its tough to say what the situation actually is. 9 days with no response, is a surefire way to force any professional group off your host, and embroil yourself in bad press, and potential litigation. That said the group may not be that professional but they deserve a timely response. Can't say for sure but this sure looks and sounds more like potential antitrust violations/issues on the MS/Github side, than DMC…

Would it be different if one is paying GitHub? It should be (I hope so). And same should be true at GitLab? Anyone tested it? Or am I paying for "nothing"?

the DMCA does not care if you pay or not. the 10-day counterclaim response window is required by law.

Re: DMCA Takedown of iptv-org/iptv on GitHub

#12

Post by toast0 »

bm3719 wrote: post #3

Any plausible (and not expensive) recourse in such situations? I've had a game server emulator project DMCA-ed previously, and my team's casual research couldn't come up with any solutions. Despite the takedown's text being factually incorrect (it was all rewritten code, not proprietary), there seemed to be no one to appeal to. Instead, we just moved it off GitHub with no further negative consequences. This resulted…

Not really. I don't think Github has any continuing service obligation to you, especially as a non-paying user. Taking Github to court to find out for sure is probably expensive.

In theory, you could provide a counter notice, and Github says they will reenable repos after two weeks of a counter notice unless the claimed owner provides Github with notice of a lawsuit. But you may want to get legal advice before you do this.

Also in theory, the DMCA provides for damages for improper notices, but collecting on that would require a most likely expensive to start court case.

Re: DMCA Takedown of iptv-org/iptv on GitHub

#13

Post by bm3719 »

ipaddr wrote: post #10
bm3719 wrote: post #3

Any plausible (and not expensive) recourse in such situations? I've had a game server emulator project DMCA-ed previously, and my team's casual research couldn't come up with any solutions. Despite the takedown's text being factually incorrect (it was all rewritten code, not proprietary), there seemed to be no one to appeal to. Instead, we just moved it off GitHub with no further negative consequences. This resulted…

Where did you move to?

Self-hosted GitLab with a .com domain.

Re: DMCA Takedown of iptv-org/iptv on GitHub

#16

Post by 2h »

I would recommend avoiding making contributions on GitHub. If you want an account for search and whatnot fine, but I had an account with hundreds of stars killed. They said it was because I created a second account. I said they could delete the second account, or I would do it. They refused to accept this suggestion and are keeping both banned.

What's worse is they also kill every single issue, PR and comment you've ever posted. It's quite cruel and unnecessary.

Re: DMCA Takedown of iptv-org/iptv on GitHub

#17

Post by than3 »

naikrovek wrote: post #11
djbusby wrote: post #6

Earlier quoted context omitted.

Would it be different if one is paying GitHub? It should be (I hope so). And same should be true at GitLab? Anyone tested it? Or am I paying for "nothing"?

the DMCA does not care if you pay or not. the 10-day counterclaim response window is required by law.

but those notices are posted in a conspicuous place, and there is no notice posted for those repos, at least according to others that have had the time to look.

What makes you think this is DMCA when no notice is posted, and the posts on the discussion forum from the maintainers show it was for breach of TOS which hasn't been elaborated on by GitHub staff 9 days later...

Re: DMCA Takedown of iptv-org/iptv on GitHub

#18

Post by moremetadata »

naikrovek wrote: post #11
djbusby wrote: post #6

Earlier quoted context omitted.

Would it be different if one is paying GitHub? It should be (I hope so). And same should be true at GitLab? Anyone tested it? Or am I paying for "nothing"?

the DMCA does not care if you pay or not. the 10-day counterclaim response window is required by law.

> the 10-day counterclaim response window is required by law.

Punitive towards individuals and small businesses.

From what I can see, it seems to be a curated list of IPTV sources [1]

Which puts it in search engine activity territory.

I'm reminded that Github stood up to the UK's City of London Police who issued a DMCA for the PirateBay Proxy on GitHub. [2]

However Law can be used to resource burn entities where no compensation for failed legal attempts exist as the City of London Police demonstrated with their actions.

[1] https://webcache.googleusercontent.com/search?q=cache:0Ku53I... [2] https://news.ycombinator.com/item?id=34659768

Re: DMCA Takedown of iptv-org/iptv on GitHub

#19

Post by than3 »

2h wrote: post #16

I would recommend avoiding making contributions on GitHub. If you want an account for search and whatnot fine, but I had an account with hundreds of stars killed. They said it was because I created a second account. I said they could delete the second account, or I would do it. They refused to accept this suggestion and are keeping both banned. What's worse is they also kill every single issue, PR and comment you've…

When you are a platform as big as them, you can only do this so much before it crosses a line into antitrust.

Biden's Administration just hired a ton of anti-trust lawyers.

Unfortunately its a sad fact that the people making these decisions are the people who don't have the natural sense to not do this in the first place for the simple reason that the behavior drives negative sentiment and outcomes in the long run for little if any net benefit.

They need to make Executives personally liable for stuff like this, otherwise they won't learn that they can't get away (it costs them something) as opposed to a business as usual slap on the wrist with the behavior baked into sales.

Re: DMCA Takedown of iptv-org/iptv on GitHub

#20

Post by Someone1234 »

naikrovek wrote: post #9
than3 wrote: post #4

Well, its tough to say what the situation actually is. 9 days with no response, is a surefire way to force any professional group off your host, and embroil yourself in bad press, and potential litigation. That said the group may not be that professional but they deserve a timely response. Can't say for sure but this sure looks and sounds more like potential antitrust violations/issues on the MS/Github side, than DMC…

the law says that GitHub (in this case) must take down the repo if a DMCA claim is made. the reason doesn't matter, the identity of the claimant doesn't matter, and the repo in question doesn't matter. the owner of the repo that has been taken down can file a counterclaim (that may not be the word, I am not a lawyer) which the original DMCA-thrower must respond to within 10 days. if they do not respond in 10 days, or…

So if I sent a DMCA notice against every one of Microsoft's Repos on Github, they would go down for ten days if I ignored the counter-claim? Because if not, why not?
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