Comment by graemep
12 days ago
A lawyer will probably get you damages for the infringement and is less hassle than trying the whole process yourself.
12 days ago
A lawyer will probably get you damages for the infringement and is less hassle than trying the whole process yourself.
I could find are a bunch of Photopea repositories on GitHub, but the authors are all either from China or Russia, so getting damages for infringement will be difficult to enforce. Hiring a lawyer sounds like a waste of money to me.
You might be able to get damages from github, especially as they have ignored a notification that there was infringing material. A lawyer would know.
The US allows damages per infringement without need to prove an actual loss, and per infringement.
We don’t know if OP filed the DMCA “optimally”.
In my experience GH usually does 512(c) takedowns in days; so it taking a month is quite abnormal. OP’s posted response suggests he didn’t file a copyright takedown but rather an anti-circumvention claim; which is a bit special in DMCA law, and generally best avoided when you have merits to do a regular 512(c).
We also don’t have details of the repo. The author has commented on another project that claims to be a LLM _re-implementation_ of Photopea, without directly using source. If that’s the case, it’s entirely understandable why GitHub won’t take it down.
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Sadly though, you have to do the cost/benefit analysis of the legal process and your likelihood of recovering anything.
I spent $18k in legal fees over a $22k claim in a construction dispute. I won the suit and was awarded legal fees. So I'm owed $40k plus interest. I've collected exactly $0. The last lawyer I spoke to said I need to cut my losses in legal fees at some point because from a practical standpoint, winning damages isn't the same as collecting them. Especially if the defendant isn't local and has few assets.