Note on the DMCA takedown this night.

In a very unusual turn RIAA justifies the takedown request with EU/German law and claim US analogy to EU rules. (the attachment with a copy of the Hamburg court rule they refer to somehow not linked, one can only guess that this links to §95a UrhG).

github.com/github/dmca/blob/ma

@codeberg @af Out of curiosity, what's codeberg's DMCA compliance policy?

@shom @codeberg @af

The DMCA takedown process which leads to many bogus takedowns does not matter to us at all.

HOWEVER, we do not allow hosting stuff that is illegal in the EU/Germany and/or contains proprietary copyrighted code (we are a free software platform)

In case of youtube-dl the situation is not really clear (if it cracks a copy protection it might be illegal in Germany, and that is how some people argue).

And I am not a lawyer ;)

@ashimokawa @shom @codeberg @af

that was not much clear. If USG ask you guys to take down youtube-dl with same notice and stuff, what would you do?

Same question about sanctioned people. If USG asks you to not provide service to Iranian people, just like how they ask German banks, what would you do?

@arh @ashimokawa @shom @af We operate under German/EU law. This means the USG would have to influence/"convince" German/EU to share their view and implement it here. So far this did not happen

@codeberg @ashimokawa

that's a relief. By U.S. export and sanctions law (which some countries such as Germany comply with sometime) you may be forced to stop selling to us Iranians which is impossible even now because of banking sanctions but anyway you don't have to block the connections and/or cut the access.

Same happens with us in GNU but we have no problem here. Do you own a lawyer to help you with this stuff if similar thing happens?

@codeberg @ashimokawa

FSF owns a lawyer and with the help of that lawyer, FSF and GNU are open to us Iranians but they can't sell us stuff, which is not the case because they don't sell anything. I'm even a part of GNU myself and also an associate member of FSF.

But Codeberg sells. If USG complains to German government to force you stop us from buying products from you, you can stop that but by law you're not forced to block our IPs and connections.

@arh @ashimokawa The FSF does sell mugs, T-shirts, stickers and other swag.

We do not sell anything.

(But we might sell T-shirts, mugs and stickers too, at some point. They are nice publicity.)

@codeberg
I though we can buy premium membership. What is Codeberg e.V. then?

Anyway, the point is you can let us use your service even by complying to U.S. export law and sanctions. Please don't be like GitHub and Gitlab dot com when it comes to us Iranians.
@ashimokawa

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@arh @codeberg

Codeberg is funded by donations and membership fees. There is no premium plan to "buy".

There is no reason to block iranian users. We won't do this unless there is some law that forces us to. Which I consider unlikely in the EU

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