Comment by thought-gap
12 days ago
First off, let me get this out of the way - I am not a lawyer. If you want a legal advice talk to a lawyer.
Second, I am sorry this is happening to you.
Third, based on GitHub's reply, specifically
> we're unable to confirm a violation of 17 U.S. Code § 1201
they took your submission as 17 U.S. Code § 1201 takedown notice. Maybe you specifically stated this. Maybe it was implied. This is likely not what you want and GitHub's response is likely correct. The reason for this is that § 1201 prohibits circumventing a technological measure. The JS you host on your public site, even if obfuscated, very likely does not qualify for this protection. Another detail - the reason it took long (a month later according to your post) is that after the youtube-dl fiasco, they committed to manual review, legal and technical, of every 1201 takedown notice [0].
Fourth, if you believe these copies are sufficiently reproducing your copyrighted work, what you likely want to do is file a standard copyright infringement 17 U.S Code § 512(c) takedown notice. This still goes through the same DMCA report flow but it should result in a less stringent review process and a faster response.
Fifth and finally, consider asking your favorite LLM to get more context around these laws. Good luck!
[0] https://github.blog/news-insights/policy-news-and-insights/s...
Indeed, a 512(c) takedown notice is the way to do it. GitHub is extremely unlikely to ignore it. I run user generated content websites and would never ignore a notice. You definitely don't need to hire a lawyer to write it either. Just follow the notification guidelines in 17 U.S Code § 512(c)(3).
This is bad advice. Obfuscated JS qualifies.
1201(a)(3): "As used in this subsection-- to 'circumvent a technological measure' means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner"
Obfuscated JS can be re-hosted as is, and you can probably remove the ads with newly added JS code.
Or just visit the real site and use an ad blocker? Re-hosting it would obviously be copyright infringement.
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The problem is that AI can probably rewrite this JS de novo simply by observing its behavior and without de-obfuscating it.
Or just ask first AI to create specs and another AI to do clean room implementation?
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are they tools to deobfuscate (covered) or just deobfuscated copies (not covered)?
Circumventing a technological measure has been interpreted extremely broadly. Deobfuscation could be covered.