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by maxerickson 3232 days ago
How much flexibility do they have?

It's a real question, can they easily challenge some requests and maintain their safe harbor status?

2 comments

It's not up to Github to challenge them. It's up to the person(s) responsible for the "violation". In this case, Github is just the messenger (AIUI).
My question is whether there is even a provision in the law that enables Github to challenge the notice.
Not if the notice follows the requirements of DMCA.
I mean, they could probably challenge requests that are obviously invalid like the Admiral one. http://lmgtfy.com/?q=can+you+copyright+a+domain+name (No, you can't)
If you think this is about copyright in a domain name you're missing the point. The DMCA is being used because uBlock is blocking a technology [script download] that is used to prevent access. uBlock is working like a DRM remover (the argument goes) and so is committing contributory copyright infringement.

Modifying uBlock mitigates the argument but doesn't entirely remove it. For example if the people who control uBlock control a third-party source that allows the same preventions to be implemented then technological changes have been made but the situation is legally homologous (AIUI, IANAL).

IMO uBlock need to provide facility for a domain to be blocked but say "search online to find blocklists" and have no legal associations with the blocklist maintainers; akin to how emulator sites manage ROMs, they stay as legal separated from them as possible. Putting Google in the middle makes getting sued harder, in theory Google is linking the people to the tech/info that enables the alleged infringement.

Remember DMCA is strongly weighted towards the accuser in the initial instance and that a service provider has to take down content in order to maintain their safe-harbour protections, leaving it to the alleged infringer to counter the accusation (guilt until claim of innocence).

I'm asking a specific question about the workings of the DMCA.

Does your link address that question? Is your opinion on the DMCA well informed?

The lmgtfy was meant towards github's lawyers, not you. My point was that this is so obviously invalid that they should absolutely have flexibility to challenge it.