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Old 03-09-2009, 03:00 PM   #160
Shaggy
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Quote:
Originally Posted by HarryT View Post
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.
No, actually a DMCA takedown is a request for removal of copyright infringing materials. This is actually a misuse of a DMCA takedown.

Yes, distributing the tools is a crime under DMCA, but the scripts themselves are not copyrighted by Adobe so a DMCA takedown does not apply. In other words, in order to issue a DMCA takedown, Adobe has to claim that they own the copyright to the circumvention tools, which they obviously do not. A takedown is not a "free for all" to get rid of anything illegal. It's specifically to remove things that you claim are infringing on your copyrights.

If Adobe has a problem with the scripts, they need to prosecute, not issue a takedown.
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