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GitHub has received a DMCA from MPA about torrent tracker nyaa.si
171–180 of 328 posts
Re: GitHub has received a DMCA from MPA about torrent tracker nyaa.si
#172Earlier 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…
I’m not a lawyer but this feels like a fantasy to me. It seems crazy the MPA would take such a risk if they thought it was likely.
It seems to me that they are deliberately conflating "infringing someone's copyright" and "using to infringe someone's copyright" - there's a difference between "you have my copyrighted code in your github" and "you are providing software that can be used for copying my movie" - the first is what DMCA notices are for, not the second
Re: GitHub has received a DMCA from MPA about torrent tracker nyaa.si
#173The 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?
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…
IANAL, and my limited legal knowledge is not of US law.
However, if you have copyrights which are of vast economic significance, to a very large number of copyrighted works, it seems unlikely that the law would would deprive you of all of that due to your suing someone for infringement. That seems highly disproportionate.
Now, don't get me wrong, I have no sympathies for the MPAA, but are you sure you're not overstating the effect of a "misuse of copyright" finding (regardless of the odds of such a finding being made)?
Re: GitHub has received a DMCA from MPA about torrent tracker nyaa.si
#174This site is mainly used to share Japanese media. The streaming services have really dropped the ball in this area. They either don't simulcast to other parts of the world (netflix), offer terrible subtitles that are worse than fan translations (netflix, crunchyroll), or just plain never release content for international audiences. I pay for every relevant streaming service I can, and even when I can access legal, of…
> This site is mainly used to share Japanese media. In fact, non-CJK media is explicitly prohibited by its terms. So it's a bit strange to see the MPAA making the takedown and mentioning their biggest members (all Hollywood) in the press release. I suppose the US subsidiaries or partners of certain Japanese media companies might be members of the MPAA? EDIT: Ah right, one of the companies named is Sony Pictures, whic…
Sony also owns Aniplex, which owns A-1 Pictures, CloverWorks, and Aniplex of America. Soon Sony Pictures will own Crunchyroll, too.
Re: GitHub has received a DMCA from MPA about torrent tracker nyaa.si
#175Earlier quoted context omitted.
I’m not a lawyer but this feels like a fantasy to me. It seems crazy the MPA would take such a risk if they thought it was likely.
If you're an ISP, fully automated software sends DMCA notices for video content copyright violations all the time. There's no human in the loop anymore. If you see the vast bulk of these notices, a lot of them are spurious. It's a GIGO problem.
Presumably that's a much easier for videos than for software.
Re: GitHub has received a DMCA from MPA about torrent tracker nyaa.si
#176That's why we need Github alternatives like https://gitee.com/ .
I don't think a Chinese git provider would be a good alternative in a long run.
Re: GitHub has received a DMCA from MPA about torrent tracker nyaa.si
#177The real WTF here is why a torrent site is hosting its source on a site like github in the first place. We all know that societies like the MPA flagrantly abuse the law because there are little repercussions. The codebase really should have been selfhosted.
Re: GitHub has received a DMCA from MPA about torrent tracker nyaa.si
#178Earlier quoted context omitted.
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.
You don't go after the MPA. You bring charges against their lawyers who are acting in bad faith and submitting fraudulent documents.
Or, you write anti-trust legislation to make their predatory behavior illegal. They can certainly afford to buy off politicians.
Re: GitHub has received a DMCA from MPA about torrent tracker nyaa.si
#179> 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 was thinking the same until this part: >> 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. It's one thing to host software that can be used for this. It's another to host software specifically configured for it. Still might be legal. I wanted to see what the linked configuration files actually co…
This is only true if you consider information that can be used to pirate works as "infringing material" that falls under the DMCA (in particular its safe harbour provision).
Which would effectively give any copyright holder carte blanche to censor any information that can be used to infringe their copyright.
Re: GitHub has received a DMCA from MPA about torrent tracker nyaa.si
#180Earlier quoted context omitted.
Maybe unpopular opinion: you don't need to pay for 10 distinct services at the same time. Like, there's a show that I want to watch on Crave, I pay for a month and watch it - along with other stuff that might interest me. Then there's something else on Starz - I do the same. 2 concurrent streaming service is good enough for most people, I think, specially considering most streaming services add full seasons at once,…
It definitely adds some friction though. At least for me, I would probably just ignore, say, new Disney+ content rather than try and go through a whole setup and cancellation process. It might be annoying. I might forget. There is a reason why "see what subscriptions you're actually using" is a frequent first step in programs to rein in your personal finance.
> There is a reason why "see what subscriptions you're actually using" is a frequent first step in programs to rein in your personal finance.
Oh yeah, absolutely. What I do for anything supposed to be temporary, is cancelling after subscribing.