Comment by haneul
2 years ago
Does any variant of this apply to DMCA’d repos in the repo network?
For example if the root repo is DMCA’d, or, if repo B forks repo A, then B adds some stuff that causes B to get DMCA’d. Can A still access B?
2 years ago
Does any variant of this apply to DMCA’d repos in the repo network?
For example if the root repo is DMCA’d, or, if repo B forks repo A, then B adds some stuff that causes B to get DMCA’d. Can A still access B?
I believe the entire network is suspended.
A downstream dmca suspends the upstream? That astonishes me. Anyone down to shut down react?
According to https://docs.github.com/en/site-policy/content-removal-polic..., even an upstream dmca doesn’t suspend downstream by default (unless the copyright owner claims they believe all forks violate copyright) — so I would be surprised if downstream dmca suspended upstream.
NB: according to https://www.gtlaw.com/-/media/files/webinars/ian-ballon-may-..., page 4-470, it’s possible that failing to process a DMCA notice may only lead to losing safe harbor for the material identified in the notice, not for the entire service.
So GitHub might just choose to ignore the notice for React, get sued, and win, all without losing the safe harbor.
For less popular repos, I would not be surprised if you could take down any repo literally by submitting a completely bogus notice.
But honestly I still don’t know how much leeway - legally - service providers have in applying their own technical/legal expertise when evaluating DMCA notices. I’d appreciate any sources (court decisions, textbooks, whitepapers, descriptions of actual industry practices, etc) on the topic.
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