

DMCA takedowns GitHub has received - franze
https://github.com/github/dmca/

======
CountHackulus
Just browsing a few of the Sony DMCA notices, I can't help but notice
something strange:

    
    
       [5] Please act expeditiously to remove the file-downloads found at the following URLs:
       http://www.fileserve.com/file/cWAKEDR
       https://github.com/kakaroto/ps3keys
       https://github.com/kakaroto/ps3tools
       ...
    

Fair enough for the ps3keys and tools, but there's a URL for fileserve there.
That's not github, wonder why they think they should send that URL to github.

~~~
gue5t
Every program has bugs.

~~~
ubernostrum
When the program makes legal statements under penalty of perjury on behalf of
its operator, the program should not be permitted to have bugs.

~~~
jackfoxy
IANAL, but isn't it perjury, or at least something subject to civil sanctions,
to attest to _facts_ in this manner without personally performing enough due
diligence to ascertain the _facts_ are at least probably correct? The Bar
Association should be interested in its members signing-off on legal documents
they have not properly vetted. Perhaps the best course of action is an
education campaign directed at the States' Bar Associations.

------
LeFever
Interesting that Sony was pretty takedown-happy a year ago and then seemingly
went silent. Did something change? I can't imagine people stopped creating
"infringing" content.

Also of note is the decompiled code with license info still intact, like
2012-07-16-microsoft.markdown. Seems like a dick move to put something like
that on github, especially without even bothering to clean up the code or do
something interesting with it.

~~~
clobber
Yeah, Sony's requests were regarding the tools that, at the time, could make
any PS3 crackable from official firmware.

A year later they have all those old PS3's off the shelves and none have
firmware 3.55 or lower, so they appear to not care as much.

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motoford
AirBnb is issuing DMCA requests for their interview questions??

[https://github.com/github/dmca/blob/05885612f96982a7e4062a13...](https://github.com/github/dmca/blob/05885612f96982a7e4062a13a155da46996bd8fc/2012-05-21-airbnb.markdown)

~~~
ComputerGuru
Can you really issue a take down for an interview question? The _text_ of one,
ok, but the essence of the question itself?

Surely not?

~~~
motoford
I wonder if you have to sign an NDA to be asked the questions? IMO these
cutesy interview questions have gone over the top and I think I'm going to use
this as my proof.

~~~
wmf
But NDAs are for trade secrets and DMCA is only for copyright.

~~~
snogglethorpe
Not to mention that a NDA only provides a way to attack the person who signed
it, and has no effect on anybody else even if they further spread the
information.

------
jrockway
This reminds me of all the major flaws in the DMCA, like not being allowed to
"circumvent any measure that effectively controls access". The question that's
unanswered: if a few lines of code can circumvent a measure, does that measure
effectively control access? Either way: didn't stop Cisco from sending Github
a takedown for a keygen. (Despite provisions in the DMCA that make
distributing the circumvention device legal, like "a person who has lawfully
obtained the right to use a copy of a computer program may circumvent a
technological measure that effectively controls access to a particular portion
of that program for the sole purpose of identifying and analyzing those
elements of the program that are necessary to achieve interoperability of an
independently created computer program with other programs".

Corollary: is it legal to open a closed door if you have to twist the handle
first? What if the spring is tighter than on a normal door?

------
jorgem
My favorite was the bitcoin one. The complaintant (?) used DMCA to protect the
MIT license on some code he wrote. Nice!

~~~
roryokane
Link:
[https://github.com/github/dmca/blob/master/2012-01-09-bitcoi...](https://github.com/github/dmca/blob/master/2012-01-09-bitcoin.markdown)

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soulclap
Not sure if any of those are included here but I have definitely seen links to
'warez' hosted as gists recently.

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scottshea
I think it would be interesting to see the responses too

~~~
bradly
There are some posted. Here are a couple:
[https://github.com/github/dmca/blob/master/2011-02-03-sony-c...](https://github.com/github/dmca/blob/master/2011-02-03-sony-
counternotice.markdown)
[https://github.com/github/dmca/blob/master/2012-03-26-deathw...](https://github.com/github/dmca/blob/master/2012-03-26-deathwyrm-
counternotice.markdown)

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cientifico
Should not github take care of the commit messages?

