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…
DMCA Takedown of iptv-org/iptv on GitHub
41–50 of 76 posts
Re: DMCA Takedown of iptv-org/iptv on GitHub
#42Earlier quoted context omitted.
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?
Not a lot of incentives to do so though because if they are incorrect about it they just took on a lot of liability.
Re: DMCA Takedown of iptv-org/iptv on GitHub
#43I 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…
Woah, what? I have a GitHub account for work, and one for personal stuff. (Separation of church and state is a good idea) Are you saying, I could get both nuked if they find out it's the same person?
GitHub asking for one account? Crazy.
Re: DMCA Takedown of iptv-org/iptv on GitHub
#44Re: DMCA Takedown of iptv-org/iptv on GitHub
#45Well, 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…
Re: DMCA Takedown of iptv-org/iptv on GitHub
#46In my experience, it always the 2nd one. There are law firms and agencies randomly taking down stuff on internet with their faulty scripts and crawlers.
Re: DMCA Takedown of iptv-org/iptv on GitHub
#47Note to article submitters: The HN audience aren't mind readers. Posting a link like this, which simply shows the GitHub repo being taken down with a terms of service violation, with no further information, isn't helpful. There is no info: 1. on what iptv-org/iptv actually is/was. 2. that corroborates that this was actually a DMCA takedown request 3. that actually provides any additional context at all about when/why…
Re: DMCA Takedown of iptv-org/iptv on GitHub
#48This is a collection of publicly available TV streams from all over the world. What could possibly be there that violates DMCA?
Re: DMCA Takedown of iptv-org/iptv on GitHub
#49Any 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…
Is there some "small claims" type of court where that would do that with minimal cost for the damaged person? I know way too many people who posted stuff on youtube that was either clear fair use or clearly not the copyrighted content, but youtubes automatic ID of music muted or removed their videos... If each of those could start a process for eg. $100, and got their $100 back + all the lost monetization (not a lot, but doesn't matter), companies would quickly change the way they operate.
Re: DMCA Takedown of iptv-org/iptv on GitHub
#50Note to article submitters: The HN audience aren't mind readers. Posting a link like this, which simply shows the GitHub repo being taken down with a terms of service violation, with no further information, isn't helpful. There is no info: 1. on what iptv-org/iptv actually is/was. 2. that corroborates that this was actually a DMCA takedown request 3. that actually provides any additional context at all about when/why…
Asking submitters to do that is a little rude given that moderators are in the habit of editing out added details and redirecting to original sources. Crafting a good submission is not generally appreciated.