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Re:Qualcomm issues DMCA takedowns for 116 GitHub repositorie... by sneak on Thursday July 03, 2014 @01:02PM (#7984251)
> I'd hope Github is doing some basic checks on requests like this.

You're not allowed to do that without losing the safe harbor provisions of the DMCA. Anything that shows up that matches the format must be obeyed. That's why counter-notifications exist.

Re:Qualcomm issues DMCA takedowns for 116 GitHub repositorie... by wpietri on Thursday July 03, 2014 @01:15PM (#7984335)
Are you sure about that? My guess is that if I, say, forge some DMCA notices as being from major media companies trying to take down stuff belonging to other major media companies, YouTube will happily ignore me.

Certainly I don't see anything in the law itself that prevents them from verifying that the notice actually comes from the entity claimed, or saying, "Hey buddy, are you sure you really own that?" Which is all I meant by basic checks.

Are you aware of some case law that demonstrates otherwise?

Re:Qualcomm issues DMCA takedowns for 116 GitHub repositorie... by rhizome on Thursday July 03, 2014 @04:38PM (#7985624)
My guess is that if I, say, forge some DMCA notices as being from major media companies trying to take down stuff belonging to other major media companies, YouTube will happily ignore me.

On what do you base your guess? Because as I understand it, your guess is 100% wrong.

Re:Qualcomm issues DMCA takedowns for 116 GitHub repositorie... by wpietri on Friday July 04, 2014 @12:21PM (#7989358)
On a few things.

One, if I read the safe harbor stuff correctly, then if you ignore a DMCA notice it means you can now be sued for hosting the content. If a host decides they are willing to run that risk, I believe they can happily ignore a DMCA notice.

Two, basic business knowledge. YouTube partners with a lot of the major media companies, and taking down large volumes of their stuff in a way that looks dumb would harm their partnerships. Companies are very reluctant to bite the hand that feeds them.

Three, if someone could take down everything on YouTube by forging a zillion DMCA notices, I expect some enterprising troublemaker would have done it long ago just for the lulz.

Ok! Your turn. What's your evidence? Because that's what I asked for before and nobody replied.

Re:Qualcomm issues DMCA takedowns for 116 GitHub repositorie... by schoen on Thursday July 03, 2014 @01:19PM (#7984373)
Some companies seem to believe that the "losing the safe harbor provisions" risk is in respect to that particular dispute rather than in general. If so, they can knowingly take that particular risk by questioning a particular notice.
Re:Qualcomm issues DMCA takedowns for 116 GitHub repositorie... by 1ris on Thursday July 03, 2014 @01:22PM (#7984410)
I'm not a layer, but I don't think so. IMO if they don't comply, they can be sued for copyright infringement caused by ignoring that notice. If there is no infringement, there is nothing to fear.