Re:YouTube-dl is now part of GitHub/dmca.git
by jcranmer on Sunday October 25, 2020 @01:59AM
(#24884150)
I am well aware of that. But RIAA likely doesn't care one iota about that damage. The injunction they'd write would be along the lines of:
"It's necessary that the entirety of GitHub be shut down until this case is decided. As noted here, they have persistently failed to adhere to our DMCA take-down notices, and continue to knowingly host content that circumvents our copyright protection schemes. Furthermore, it is not sufficient to just remove this content, because it has been and will be repeatedly readded, and GitHub has taken no action to remove these extra copies. We are likely to succeed on our merits because <blah>. We are irreparably harmed because <blah>."
That doesn't mean they'd necessarily win on a broad injunction, but they can still push for one (see Apple v Epic for a recent example). And stunts like this one make it more likely that a judge might agree that a broad injunction is necessary instead of a narrow one.
"It's necessary that the entirety of GitHub be shut down until this case is decided. As noted here, they have persistently failed to adhere to our DMCA take-down notices, and continue to knowingly host content that circumvents our copyright protection schemes. Furthermore, it is not sufficient to just remove this content, because it has been and will be repeatedly readded, and GitHub has taken no action to remove these extra copies. We are likely to succeed on our merits because <blah>. We are irreparably harmed because <blah>."
That doesn't mean they'd necessarily win on a broad injunction, but they can still push for one (see Apple v Epic for a recent example). And stunts like this one make it more likely that a judge might agree that a broad injunction is necessary instead of a narrow one.