Quote:
Originally Posted by HarryT
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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Same issue; the takedown notice isn't an announcement of guilt, it's an announcement of belief of guilt on the part of someone not legally qualified to decide.
DMCA takedowns exist to allow rights holders (of various types) to prevent further damage/loss before filing suit. If they don't decide to file, the loss/damage is presumed to be nonexistant, and the content is free to return.
DMCA 1201(c) Other Rights, Etc., Not Affected.—
(1) Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title.
The person claimed to have a circumvention tool has the right to challenge that claim; that a tool obviously removes DRM doesn't automatically make it illegal. (If it's only used, or mostly used, to remove DRM to allow people to use their purchased files on a rebooted computer, no copyright law has been broken, and the tool is legit.)