Questions tagged [dmca]
The Digital Millennium Copyright Act is a United States copyright law. It provides copyright holders with a mechanism to address copyright violations, while reducing liability for content providers (such as Stack Exchange).
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If a user posts illegal content on a service hosted by an entity, who is liable? [duplicate]
Suppose a user posts problematic content on a service hosted by an entity (a hobbyist or a small business). The content is stored in databases provided by the entity. This entity may be storing these ...
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HELP!!! Court order for a DMCA counter notice [closed]
I was reposting someone's AI pictures without permission and Twitter removed them so I filled a counter notice saying it's AI.
The next day I got this email from Twitter. What does it mean and what ...
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Workloads on Flux Cloud, who is accountable / responsible for any kind of content hosted on the platform?
I recently stumbled across the https://runonflux.io platform which promises to host decentralized web applications by distributing the workload among many individual locations / distributed nodes.
&...
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Does the DMCA takedown procedure apply if the original work is not online?
I am referring to this situation: document B is alleged to infringe the copyright of document A.
Document B is hosted online (as I believe is necessary for the DMCA to apply).
Document A, the original ...
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Is it legal to circumvent DVD CSS to create a backup for private use in Australia?
There are two issues at play here. The first is that, in 2006, it was deemed legal to make a backup of a "cinematograph film" for private and domestic use in an amendment to the Copyright ...
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Is it against the DMCA to use the recent implementation of the Windows XP's product activation algorithm if one has an XP licence?
The Windows XP's product activation encryption algorithm has recently been "cracked", and a software implementation that emulates the telephone activation question / response procedure is ...
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Digidyne v. Data General: how does this not legally protect Apple macOS running on non-Apple branded hardware?
I was just reading https://en.wikipedia.org/wiki/Data_General_RDOS#Antitrust_lawsuit which discusses Digidyne v. Data General:
When Data General introduced the Data General Nova, a company called ...
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What are the legal restrictions on extracting audio from a virtual instrument plugin?
This question was inspired by https://music.stackexchange.com/questions/113826/is-there-a-way-to-decode-triton-m1-vst-pcm-samples
Suppose a user purchases a license for virtual instrument plugin to ...
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Penalising DMCA requests
There are stories that Twitter is closing Twitter accounts of people filing DMCA requests against other Twitter users, including what looks like perfectly legitimate requests by photographers.
Is that ...
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What exactly is DRM circumvention, as opposed to legitimate use?
DRM only makes media useless if it cannot be decrypted. What makes it legal for my commercially made DVD player to decrypt a disc, but not for libdvdcss to do it? DVDs don't have labels saying that ...
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Does the Unlocking Consumer Choice and Wireless Competition Act confer a right to unlock a phone one owns, or merely limit the scope of the DMCA?
Smart phones come in two different kinds: locked, and unlocked. A locked phone has been modified from its original design, in its software, hardware, or firmware, to only accept cell service from a ...
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Who gets in trouble if a user uploads pirated content on an open platform?
I have made this site similar to Youtube/Instagram where users can upload photos/videos to their profile and share it with others.
Recently, some users have started to pirate content (some have ...
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Can a search engine receive DMCA takedowns? (linking to copyrighted content) [duplicate]
I have a site similar to google.com based in canada that indexes various websites online. Some of these sites link directly or indirectly to copyrighted content. I have a "torrent" tab that ...
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Counter DMCA Google play
Suppose that a person received a DMCA takedown notice about a month ago and has filed a couple of counter notices, but and always gets an automated response saying "We are unable to take ...
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Can I request my comment be deleted from a forum if I made that post when I was 12?
Basically what the title says. I'm very ignorant when it comes to these sorts of laws and rules so please be kind. I made a post on an “audition forum” when I was 12 years old. The post included my ...
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DMCA Takedown: How to respond to counter-notice & Defendant disclosed my info and about DMCA takedown request on online community, is it legal?
Is it legal to publicly disclose the information of received DMCA takedown request including user information of requester?
Currently, I have filed a DMCA takedown request to a company for infringing ...
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How to take down the piracy website that does not respond to DMCAs
Suppose that an app developer, A, finds that a website is distributing copies of A's copyrighted app, without permission. A has sent DMCA takedown notices to the site, but has received no response.
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Are my assumptions about clean-room reverse engineering and copyright of computer programs correct?
Recently, the people behind the re3 project (public decompilation of the games GTA III and GTA Vice City) were served a civol lawsuit by Take Two, the owning company of the games.
What the group did ...
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How you can take down copyrighted content in Telegram?
Suppose that a content creator C has posted video courses and other online content for which fees are charged. Several Telegram channels and bots are posting these videos without C's authorization and ...
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In the US, is it legal to flash your own code onto a physical device to unlock new features?
This question is an expansion of Hacking devices to unlock features: Legal or not?
I'm currently in possession of a laser measurement tool called Bosch GLM20 which is their most basic model. As per ...
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Can Whatsapp sue me for using unofficial services? (location: Romania)
I'm building a desktop app where people can manage their business and one of the features is Whatsapp chat directly into the app. This is not using the Whatsapp official API (their official means of ...
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Audio exhibition rights for self-hosted video files: third-party content question
Suppose that there is a website hosted in USA, with most of its users in the USA. The website is owned by a Canadian corporation.
Suppose that the website allows users to create videos using their ...
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What can be the consequences for a github user who forked a repository with illegally uploaded ebooks?
Github is usually used to share code. There is a feature called fork. This is described here: github fork. What happens if a user forks a repository that contains illegally uploaded material like ...
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Is linking to illegal free-movie streaming websites itself copyright infringement?
(Site hosted in Canada)
Would a website containing a list of links to free-movie websites be considered illegal? The "free movie websites" are hosting copyrighted movies without permission.
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Is there a legal obligation for a webhost to attain the identity of a DMCA takedown's issuer?
There has been a rash of false DMCA take-downs affecting artists on Twitter, in conjunction with emails from the attacker offering to stop issuing the take-downs if given a ransom payment in bitcoin.
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Fair Use and DMCA [closed]
My project (EditVideoBot) is an automated 'Twitter bot' program that allows users to edit videos within Twitter (they can add music to the video, or their own text, etc). My first account I ran this ...
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How to take down app using our SDK illegally [closed]
I work for a company that created an image library that contains a lot of effects, it's a windows application.
We recently discovered 2 apps for android and ios that provides image effects the same as ...
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Web archives and sites with DMCA
Assume the following:
A website is indexed by a web archive like the wayback machine.
The website receives a DMCA takedown and the content is removed.
Does the web archive need to remove the saved ...
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Can an RSA private key be copyrighted? Would the publishing of such a key violate the DMCA 1021 provisions?
Let's say I have found the private key used to digitally sign executables that can be flashed into certain hardware.
If I made a tool that took any compatible binary as an input, and used that private ...
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Can I host copyrighted content until I get a DMCA notice?
The content is subtitles in my case. Can I host it until I get a DMCA notice? Or can I not even host it?
Can copyright holders cause trouble without first filing a DMCA notice?
Most creators wouldn't ...
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DMCA for postal services?
Does DMCA apply for postal companies from delivering copyright infringed material?
If yes there seems to be no form to file one in case I get information of someone doing so.
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Is youtube-dl takedown due to their tests which use copyrighted content?
The DMCA takedown notice posted on GitHub's youtube-dl page seems to be primarily based on the fact that youtube-dl is expressly advertised as a tool to "circumvent the technological protection ...
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Would a website that catalogs every possible sequence of letters violate copyright?
Suppose I created a website that cataloged every possible sequence of letters in order.
You would start with the letter "a", could swipe right to read "b", and further to find &...
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DMCA counter notice and court action
Suppose there are two parties A and B.
A files DMCA against B and the material is taken down. Then B files counter notice against A.
Then google sends notice to A that unless A submits notice that ...
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Is it illegal to reverse engineer a software if the EULA prohibits it for all purposes?
I have installed an Android app that lets me play with networking and HTTP headers.
One of the perks of the app is to be able to export a configuration file so other users that also have the app can ...
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Has anyone been convicted of perjury for false DMCA takedown notices?
When a copyright holder demands that infringing material be taken down, the Digital Millenium Copyright Act (DMCA) paragraph 3A(vi) requires:
A statement that the information in the notification is ...
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Does YouTube legally need proactive takedown?
YouTube needs to figure out what to do about people posting copyright material. The actual solution they arrived at, after some negotiation with the media companies, includes programs that scan ...
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Would company A be legally liable if a hack is developed by a third party to run company B's software on A's hardware?
So let's assume there are 2 console companies: Company A and company B.
Let's say that company A creates the gamesystem X and company B creates the playingmachine 5.
Both companies have proprietary ...
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Am I Infringing copyright by posting a bunch of (verbatim) quotes from books?
I run a self-improvement oriented community. I continuously read books, some of them quite famous, and provide a summary along with textual quotations from each of the books reviewed.
Now here's the ...
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Does DMCA applies on decompiled assets from apk
Actually this question ( Does DMCA cover apps? ) does not cover my answer. Actually I have made an android app which is published on play store. I had trained some machine learning models which I used ...
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Are there consequences for not filing a DMCA (any country)
Awhile ago, I linked someone to a fansite of people who read his indie fiction and he cursed me out because there were illegal copies to his work on it. He told me that he was legally bound to file ...
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How does the Supreme Court ruling in *Fourth Estate* not undermine the DMCA's notice-and-takedown process?
The Supreme Court recently ruled in Fourth Estate v. Wall-Street.com that copyright registration occurs (and thus an infringement action can be brought) only after the Copyright Office takes action ...
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Is it legal to distribute a modded free application on your website?
There is a free Android app called Google Camera intended for Google Pixel smartphones, and there's a huge online community of people modifying the application so it can run on more different devices. ...
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DMCA Takedown and counter notice when service provider
There's something I have trouble understanding.
My app is considered a service provider and registered with copyright.gov
Some time ago someone found some copyrighted work and filed a DMCA notice to ...
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Will a copyright holder lose the right to enforce copyright if they're not enforcing it on some stuff, or even just have problems enforcing it?
I'll give an example to make the question more clear.
Recently a person uploaded and made public a clone of Super Mario, able to run on Commodore 64. This is clearly not just a pirate copy of the old ...
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What is the legal significance of stating that one does not own or claim rights in an uploaded youtube video?
I mean often you see uploaded videos containing content presumably copyrighted by 3rd party with the uploader stating:
"I don't own any rights in this video"
What effect does stating such have? Is ...
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Proportion of copyrighted material that can be distributed without infringement
Is there a threshold or a descriptive proportion that is considered not copyright infringement but merely creative and educational use when distributing some copyright protected material along with ...
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DMCA: How can ISP ever avoid liability, ISP always gets financial benefit from user content infringement
According to DMCA, to avoid liability the ISP must not financially benefited from the infringement.
But ISP is always making money in one or many ways from infringement (ads display, subscription, ...
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Is service provider obliged by law to provide me with copy of DMCA takedown notice?
I'm running into problem with my content being removed from certain website through copyright notice.
The biggest problem is that I don't even know who posted DMCA notice or what copyright my post ...
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YouTube Counter Notification
I am a small music creator operating through a limited liability company in the United Kingdom. One of my music tracks was licensed by a major Hollywood studio, and used in the trailer campaign for a ...
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