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by rplnt 4846 days ago
So it seems that you have to provide exactly zero proof and your word (in a good faith) is enough to take a repository down. There is no way to verify anything and in order to stay safe they (github in this case) have to take the content down.

Now imagine I file a takedown notice for every aspiring project posted here on HN that is hosted on github. They take a pretty good hit from it I'd assume, to be silenced on the launch. Of course I open myself to litigation with false takedown request... but what do I care? I'm not a citizen of United States and I don't really care what laws are there.

So what now? How can this work?

3 comments

It means that hosting public data in a US-based cloud means opening up yourself to a single point of failure!

I'm not entirely sure whether you can submit a DMCA takedown request if you're not a citizen of the USA. For once, you need to provide US-based contact info.

However, I am not sure if the service provider needs to check whether this contact info is correct before takedown.

So it seems that any public-facing data on any US-based server can be made to disappear for at least 10-14 days. But just because a country has crappy laws doesn't mean you should use those laws against them! ;)

> I'm not entirely sure whether you can submit a DMCA takedown request if you're not a citizen of the USA. For once, you need to provide US-based contact info.

So you can't just have an agent do the request on your behalf?

Honestly, I have never seen or heard of anyone actually being sued for a false takedown notice. They happen all the time though.
So what now? How can this work?

It doesn't. Our most recent copyright overhaul (which this is a feature of) currently works close-enough to OK to be tolerable to those who would otherwise fix it.