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by rosndo 1530 days ago
> I couldn't verify whether the claim was correct because I wasn't provided with a copy of the original copyrighted material

> GitHubs process around the DMCA did not fill me with joy.

It sounds like Githubs DMCA process works exactly as legally mandated, and you have completely unreasonable expectations

Github is in no position to demand a copy of the original material from the complainant. That’s just not how it works.

2 comments

Yeah I didn't really expect they would get an original copy of the material. However, what worried me was how does the process prevent malicious DMCA notices? Could I just start filing DMCA notices against repos I don't like?
> Could I just start filing DMCA notices against repos I don't like?

Yeah, and unless they file counter notices Github has to take down those repos.

> However, what worried me was how does the process prevent malicious DMCA notices?

Well, it can’t. It’s just illegal to do that.

There's a wider issue around any cloud SAAS offering. You really need to keep local copies of stuff if you want to be sure you can reproduce your build. As there's a chance, even a good-natured cloud provider will be forced to take something that you rely upon down.
> It sounds like Githubs DMCA process works exactly as legally mandated...

I would hesitate to say 'mandated' here. It is available, but not mandated. You canegally ignore DMCA takedown notices. You lose your safe harbor in the process, but in and of itself, it is not illegal.