Re:YouTube-dl is now part of GitHub/dmca.git
by nullc on Sunday October 25, 2020 @12:53PM
(#24887691)
> notice must immediately
No, at most-- they lose a safe harbour if the notice was well formed and properly delivered, and they don't follow the procedure.
But the vast majority of notices are not well formed or properly delivered.
And loss of the safe harbour isn't particularly important if the complaint is bogus to begin with.
Sure, it does mean a slightly increased risk of legal costs-- though anyone can sue github at any time regardless-- but ultimately those sorts of risks are business decisions that have to be weighed against other business costs and benefits.
Github has historically been pretty unusual in its degree of following the DMCA takedown requirements, a lot of other places are a LOT more willing to ignore apparently spurious DMCA complaints than Github has been. I had hoped that this would change with the Microsoft acquisition, because maybe before their position was just that they couldn't afford any legal fights... but it doesn't seem to have been.
No, at most-- they lose a safe harbour if the notice was well formed and properly delivered, and they don't follow the procedure.
But the vast majority of notices are not well formed or properly delivered.
And loss of the safe harbour isn't particularly important if the complaint is bogus to begin with.
Sure, it does mean a slightly increased risk of legal costs-- though anyone can sue github at any time regardless-- but ultimately those sorts of risks are business decisions that have to be weighed against other business costs and benefits.
Github has historically been pretty unusual in its degree of following the DMCA takedown requirements, a lot of other places are a LOT more willing to ignore apparently spurious DMCA complaints than Github has been. I had hoped that this would change with the Microsoft acquisition, because maybe before their position was just that they couldn't afford any legal fights... but it doesn't seem to have been.