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 If we get "asked" by official German authority, a court, we of course have to adhere to the order. However, this is not happening just by some letter from some individual or corporation.

This is the difference to the US DMCA takedown process, where any individual or company can issue a takedown request with immediate effect, and then the burden of proof is on the side of the project.

Follow

@arh @ashimokawa @shom @af
We are preparing a posting to clarify our position with respect to the issue. Please join codeberg.org/Codeberg/Communit with questions or comments to discuss.

@codeberg @arh @ashimokawa @shom @af no offense, I love you guys, but I do not believe that your position on this one matters much. This needs to go to court and we need a decision that kicks the RIAA in their place (and, perhaps, in the nuts). But again: this is just my position, and this does not matter much, either. In the end, only a court ruling will fix this in the long term.

@claudius

The #RIAA still alive? 😳 And just as annoying as always I see.

On the other hand, I welcome the helping hand in moving #FOSS away from #GitHub. Exitus acta probat. 😁

@codeberg @arh @ashimokawa @shom @af

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