[ratww]

"Threat of legal action" is MuseScore letting/recommending the copyright holders to send a DMCA, like in youtube-dl. This is even what the repository owners say in the first few comments.

Threatening someone with words like "Chinese government to physically find you and stop the illegal use of licensed content" is extremely serious and shouldn't be casually dismissed.

This is not "badly worded". This is either a lie, or MuseScore is dealing with institutions that behave like the Mafia. There is no excuse for either of those behaviours.

Also, you seem to be implying that the company had the opportunity to work together and alert the repo owner, but instead they decided to double down on the threats and accusations. This is also completely unacceptable.

[zxzax]

I think you may have missed some comments farther down the issue chain:

>If MuseScore was not acquired and continued down the current path, it would have been already shut down by now. This is what many people do not understand. MuseScore was going to be shut down if it was not acquired and a plan put in place with rights holders.

>Any site or system of distribution that includes copyrighted works and is done so under agreement with rights holders and according to their conditions will be shut down. This is simply reality.

The "excuse" for those behaviors is that they got to stay in business. I don't agree with all the actions of the rights holders but that's the way it is. If you feel it's better for there to be no Musescore at all, I would advise you to just not use the website. There's lots of other free sites that will host Creative Commons-licensed media. If you're looking for someone to negotiate hard against the rights holders, you would have better luck trying with a bigger company like Apple or Spotify.

[ratww]

No. There are never any excuses for making false accusations, like claiming that a publicly, documented, authenticated, third-party API was being used illegally.

There is also no excuse for sending threats of use of physical force by CCP instead of sending a proper DMCA.

Even if musescore-downloader was doing illegal things (and I would argue it wasn't, since there was no circumvention of anything), the law should be followed by both sides, no excuses. That means sending a DMCA instead of a threat.

[zxzax]

One, it's possible the API was being used illegally. If that's the issue then that should be what's discussed, but let's save that for up thread.

Two, the DMCA seems to not apply here, if this is a Chinese citizen enforcing legal rulings against another Chinese citizen. That is a perfectly valid situation to call the police, in any country. The message getting relayed through a third party (Musescore) doesn't really change it.

Three, this argument is going around in circles, I think a great option would be to contribute to the author's musescore alternative: https://github.com/LibreScore/LibreScore

[ratww]

Nope. Even if the API were used illegally it still doesn't make it right to make threats of possible usage of physical force. Ask nicely and/or send a DMCA, period.

The DMCA absolutely applies here, since the whole request was for the repository on Github to be removed, and Github is an American website that follows American law and receives DMCA requests.

[zxzax]

It's my understanding that Github also operates in China and has to follow Chinese law, so that Chinese citizens are allowed to use it. Maybe you can advise on Chinese law? I don't see why it's not right to get the police involved if it turns out to be a criminal matter in China. (Not saying it is, I don't know)

[ratww]

DMCA absolutely does apply here, as Github is an American company and has to follow it to keep its safe harbour status.

There's also no indication that Xmader is a Chinese citizen. The Anti-CPP message on his profile could also mean he's from Hong Kong, Taiwan, or anywhere in the world. The person making the threat seems to be Russian and MuseScore seems to be registered in Belgium.

Even if China could be involved, if MuseScore prefers to solve this using physical force (their words) rather than a simple DMCA, that paints them in an even worse picture than anyone ever in the history of open source.

This was a mafia-like threat, plain and simple. There's absolutely no justification for it, even if it's possible to happen.