03-06-2009, 03:18 AM | #121 |
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A DMCA takedown request is not "censorship". It is a legitimate request for removal of illegal materials. Distribution of tools to circumvent DRM is a crime under the DMCA.
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03-06-2009, 07:25 AM | #122 | |
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Thou it doesn't say anything if it is right despite being 'a crime' and is not really an argument for the DMCA. |
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03-06-2009, 07:36 AM | #123 |
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No it is a request to remove some material that IS CLAIMED to fall into a specific category. It is common that DMCA notices is sent as a threat and that they lie about the status of the material they want to be removed.
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03-06-2009, 09:02 AM | #124 |
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That's as may be, but in this case, this is undeniably a DRM-circumvention tool, and therefore the takedown notice from a US-based server was entirely lawful and appropriate.
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03-06-2009, 09:08 AM | #125 |
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03-06-2009, 09:21 AM | #126 |
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03-06-2009, 10:26 AM | #127 |
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Doesn't matter what you or I think; the owners of the server obviously felt it to be appropriate to remove the material.
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03-06-2009, 10:38 AM | #128 |
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03-06-2009, 10:49 AM | #129 | |
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Quote:
That doesn't mean the content was illegal, only that the copyright owner(s) believed it infringes on their copyright, and were willing to say so in a way that they can be held legally accountable for. The way DMCA takedown notices work is,
A DMCA takedown notice, even a legit one, is not an indication of a crime. It's an announcement that someone *thinks* something illegal has happened. Since copyright infringement is a blurry thing, the illegality has to be determined in court. And there's supposed to be penalties for malicious misuse of DMCA takedowns, which have not been enforced. (Like when the SFWA told Scribd.com to remove hundreds of science fiction stories, claiming they were infringing on copyrights... including stories released under Creative Commons, and stories by authors who had not authorized the SFWA to legally represent them.) |
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03-06-2009, 11:00 AM | #130 |
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Do you think this was a "copyright infringement" takedown? I'd have thought it much more likely to be a "this is an DRM-circumvention tool" takedown. I can't see whose copyrights might be infringed by a PERL script.
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03-06-2009, 11:03 AM | #131 |
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03-06-2009, 11:03 AM | #132 |
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Apologies - I always get those two mixed up!
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03-06-2009, 12:13 PM | #133 |
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03-06-2009, 12:17 PM | #134 |
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03-06-2009, 12:19 PM | #135 |
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They both start in "P" and I don't use either. I'm a C++ man, myself.
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