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Comment by gpugreg

12 days ago

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.

    • Github supposedly manually verifies 1201 claims, which would explain the long wait on the response.