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Re:Popcorn Time repository unavailable due to DMCA takedown by wtallis on Tuesday May 05, 2020 @06:02AM (#23078297)
If the "valid until ruled otherwise" interpretation was correct, then why does the law have provisions that clearly anticipate that service providers may choose to decide for themselves that a purported DMCA takedown notice they have received is invalid? Those provisions offer significant protections to service providers, so the law seems to encourage rather than discourage providers to ignore deficient takedown notices based on their own judgement of how the notice measures up to the statutory requirements.

Plus, GitHub apparently rejected the first version of this notice that was sent back in March, and only acted upon this amended version. So they clearly feel that it is within their power to decide what is or isn't a valid notice without needing a court to rule on the matter to make it certain and official.

Re:Popcorn Time repository unavailable due to DMCA takedown by bryanrasmussen on Tuesday May 05, 2020 @07:20AM (#23078778)
everyone has the ability to ignore any order they are given at any point for whatever reason but some times people obey orders because they think they will get shot if they don't.

the valid until ruled otherwise theory of things is of that spirit which animates such sayings as "Political power grows out of the barrel of a gun"

I suppose I am not that aware of all the provisions available to anyone wanting to ignore a DMCA, but I was under the impression they were not that great given that everyone is always complaining that you ignore a DMCA at your own peril.

Re:Popcorn Time repository unavailable due to DMCA takedown by wtallis on Tuesday May 05, 2020 @07:32AM (#23078871)
> everyone has the ability to ignore any order they are given at any point for whatever reason but some times people obey orders because they think they will get shot if they don't.

Why are you talking about orders? DMCA takedown notices aren't orders.

Re:Popcorn Time repository unavailable due to DMCA takedown by bryanrasmussen on Tuesday May 05, 2020 @08:29AM (#23079272)
nor do you get shot for ignoring takedown notices, there are in language many things such as analogy, metaphor and so forth that people generally manage to follow.

Let me rephrase the first paragraph then -

anyone can ignore anything anytime for any reason whatsoever but in some cases that can lead to a bad outcome for the person doing the ignoring.

- note: I realize github is not a person, but I will use person in my example nonetheless.

The implication of the above is that sometimes people do not ignore things they could because they fear a bad outcome.

In the example using orders and shot, by making anything an order which is very strict, and bad outcome shot which is very bad indeed it should generally have the rhetorical effect of making the implication that ignoring the thing under discussion is more risky than otherwise and so a wise or cowardly person (take your pick) may choose not to ignore it.