Earlier quoted context omitted.
The 'copyright violations' section of the RIAA letter (regarding the unit tests) was clearly a standard §512 notice alleging copyright infringement. Even if §512 wasn't explicitly mentioned, it's still a legally effective notification of claimed infringement. > The rules in section 512 do not apply. Assuming you're referring only to the §1201 'anticircumvention' portion of the claim (the main focus of the GitHub post…
> Assuming you're referring only to the §1201 'anticircumvention' portion of the claim (the main focus of the GitHub post), whether this portion is _also_ subject to §512 rules is a little more ambiguous. §1201 defines a trafficking violation separate from copyright infringement itself, but some court rulings have established a requirement that §1201 violations establish a 'nexus' to copyright infringement in order t…
Good point and important distinction- not to say that courts holding the 'nexus' position have already established Section 512 protections for Section 1201 violations, just that I could imagine a legal argument extending the position along these lines. If Section 512 protects services from liability for user-provided software that contributes to copyright infringement, it should also protect services from liability for user-provided software designed for the circumvention of technological measures protecting copyright infringement.
At the very least in the absence of further clarity, it makes sense that GitHub seems to apply section 512 law consistently across Section 1201 claims in addition to copyright infringement claims, not only to simplify their legal procedures but also to leave such a theoretical defense available to them in case they ever need it.