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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

#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 in some lost visibility and broken links though.

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

#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 DMCA stuff.

I mean the silence speaks absolute volumes, and companies that do this to free customers will do this to paying customers. There is no financial benefit to doing this and keeping quiet, only damage.

Everyone in business knows the classic age-old wisdom, what you do in small things that don't matter, dictates how you handle big things when real risks are on the line.

They haven't clarified or communicated with the maintainers aside from vague boilerplate which doesn't say or point to any reasonable knowledge of what their (customers) did wrong.

So, just what everyone has been saying for years as opinion (but confirmed now). You can't use Github for anything where you need a professional response.

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

#6
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"?

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

#7
post #6
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"?

It is doubtful, its age old wisdom for a reason.

Most cases these days, you pay for the value add features (differentiation strategy) but the base ... (free) is in most cases monetized through alternate strategies. It is how they can cover costs to provide free to anyone that wants to sign up.

Unless you have a written SLA that makes guarantees, with firm timetables, you most likely aren't getting what you think you bought.

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

#9
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 the response is insufficient in some way, the repo goes back up.

this whole time there is nothing GitHub can say to anyone that changes anything, and they would be foolish to comment on ongoing legal disputes, anyway.

most repos come back up after 10 days, I imagine, especially the ones taken down by unjust claims.

so, just because it's been 9 days with no communication means exactly nothing.

the law mandates this process, and GitHub must follow it.

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

#10
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?
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