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Re:DMCA notice against oh-my-fish by striking on Thursday September 24, 2015 @10:09AM (#10271647)
The DMCA is finally protecting the people it is meant to protect: content creators that otherwise were powerless against people who stole work.

And to people who say this could have been solved more amicably in a different way: This is obviously being used as a last resort in this case. Obviously all other avenues of resolution have been exhausted.

Re:DMCA notice against oh-my-fish by irl_zebra on Thursday September 24, 2015 @10:14AM (#10271685)
I'm not sure I would go that far in this case. The licence of Wahoo is as follows:

"Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software."

To me, that means anyone can fork it and do whatever they want with it, as long as they keep that copyright notice intact.

Re:DMCA notice against oh-my-fish by tinco on Thursday September 24, 2015 @10:17AM (#10271706)
> To me, that means anyone can fork it and do whatever they want with it, as long as they keep that copyright notice intact.

Which they didn't, and that's why this is a great reason to file a DMCA.

Re:DMCA notice against oh-my-fish by striking on Thursday September 24, 2015 @10:21AM (#10271738)
The copyright notice was missing that person's name.
[deleted]
Re:DMCA notice against oh-my-fish by striking on Thursday September 24, 2015 @10:17AM (#10271717)
It only allows copying with attribution. And this DMCA will take it down unless it has the necessary attribution.
Re:DMCA notice against oh-my-fish by charles2013 on Thursday September 24, 2015 @06:12PM (#10275128)
> Obviously all other avenues of resolution have been exhausted.

could you elaborate? it's not clear to me what other avenues of resolution were attempted.

Re:DMCA notice against oh-my-fish by striking on Thursday September 24, 2015 @06:19PM (#10275164)
> Soon after the merge and due to conflicts with @bpinto regarding the direction of the project and other issues, we decided to not continue working together and ended our relationship

> @bpinto has continued to use the entire "wahoo" source code without my consent and expelled me from oh-my-fish organization. They also failed to state "oh-my-fish" is a complete copy of "wahoo" or provide copyright attribution since our separation.

They've clearly had some (admittedly non-specific) history. It looks like long talks were had, with little or no progress. Make what you will of this, but it seems a DMCA is the only way that this could be taken care of.

Re:DMCA notice against oh-my-fish by charles2013 on Thursday September 24, 2015 @07:22PM (#10275490)
@striking, the comments you mention appear to be from one side.

@bucaran's alleged censoring of the discussion [0] makes it difficult to know what was actually discussed, but it's telling at the same time, especially in the context of everything else that appears to have happened:

- @bucaran appears to have usurped an open source repo from two other owners

- @bucaran appears to have deleted comments posted by people who objected to his alleged usurpation

- @bucaran filed a DMCA takedown when omf community members tried to reboot their project without him

i've heard of hostile takeovers in the corporate world, but never for a github repo. i thought transparency was guard enough against machiavellian behavior like this. i mean, who would want to work with someone who has a history of hijacking repos, censoring comments, and filing DMCA takedowns on open source repos?

[0] https://news.ycombinator.com/item?id=10273780

Re:DMCA notice against oh-my-fish by striking on Thursday September 24, 2015 @07:47PM (#10275588)
Look, I'm not saying he's a good person. But a DMCA is warranted when copyright isn't followed. As annoying as this guy is, it's still his work and he should be identified in the copyright of that project (unless all of his code has been removed/rewritten. Then a counter-notice should be filed.)

If the copyright notice is wrong, then it's wrong, but then you get into a very weird legal quagmire where people were committing code under someone else's copyright. I don't know if they were giving up their copyright in that case or not. And if there's something wrong with the DMCA notice (like if it was submitted for no reason), a counter-notice should be filed. And if this person is in the wrong, he'll get more than he bargained for when he began throwing his weight around.

Someone's going to get what they deserve. I don't know who, but someone will.