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by pton_xd 704 days ago
> then you sue the person who uploaded it to GitHub.

> You don't get to go after GitHub because you have no contractual relationship with them

What makes you say that? If someone eg uploads my copyrighted work to YouTube, I file a DMCA notice with YouTube to stop distributing my work. If YT ignores the notice then I can pursue them with a lawsuit.

How is this situation different?
1 comments
singleshot_ 704 days ago
DMCA explicitly gives you a cause of action against the party who does not properly comply with your request. GP asserts that you lack a cause of action against GitHub before they fail to comply with DMCA but I’m not certain I agree.
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stefan_ 704 days ago
DMCA is a narrow protection for operators of public websites like GitHub. I don't see what it has to do with GitHub taking the data submitted to it with dubious sourcing and developing their CoPilot whatever based on it. That has nothing to do with the privileges in DMCA.
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singleshot_ 704 days ago
That’s right. You have lost the thread of what we are talking about: causes of action based on privity vs those created by statute.
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