Live data from Hacker News

Monit's DMCA takedown notice for Inspeqtor

github.com

71–74 of 74 posts

Re: Monit's DMCA takedown notice for Inspeqtor

#71
post #43

Earlier quoted context omitted.

He was already trying to sell it, starting at $25/mo. http://contribsys.com/inspeqtor/

Didn't the tweet predate the selling by a good few months?

I'm pretty sure Inspeqtor was only released last week. Mike basically saw a pain point he was having 6 months ago, then quit his job to solve that pain point. Monit's position makes no sense.

Re: Monit's DMCA takedown notice for Inspeqtor

#72
post #31

Earlier quoted context omitted.

It's a copyright violation if it isn't cleanroom, that means you don't get to re-license it under different terms. It will count as a derivative work under copyright law.

For what it's worth, Monit says it's not clean-room but Mike says it is ( https://twitter.com/mperham/status/519165523473358848 ).

That will be the sticking point. Up to Monit to prove that it it isn't, which should not be too hard if it isn't.

Re: Monit's DMCA takedown notice for Inspeqtor

#73

There are some very dubious claims in their DMCA takedown notice: > The work, Inspeqtor which is hosted at GitHub, is far from a “clean-room” implementation. This is basically a rewrite of Monit in Go, even using the same configuration language that is used in Monit, verbatim. There is no concept of "clean room" in copyright law, the only issue is whether or not substantial copying has occurred. While it may be easie…

There is no concept of "clean room" in copyright law Sure there is. "Clean room" just means you have good legal evidence that you created an original work not a derivative one. It is a bit like having an alibi during a murder trial. There is no law that says you must have an alibi to not be convicted of murder, just like there is no law requiring clean room to dodge the copyright bullet, but having one is strong evid…

What I mean is that there is no written law containing the words "clean room", and no requirement that an author has not seen similar works. While "clean room" might be a good defence, there aren't automatically grounds for making an infringement claim just because somebody hasn't followed such a hyper-cautious practice.

Oracle vs Google is complex and I reluctantly chose to gloss over the details. The case still has some appeals to go yet, posssiby to the supreme court. While the difference between APIs being copyrightable vs fair use is important, the practical impact should be negligible: if an API as large as the JDK can be copied without permission, then any API can.

Post reply on HN