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Add 2013-03-06-LayerVault-counternotice.md

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1 parent ee04fe0 commit 6a33a213e04e7fc5e74ce3cab80fee778f641acc @ScarlettSparks ScarlettSparks committed Mar 6, 2013
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+[private]
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+[private]
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+tel: [private]
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+email: info@designmodo.com and [private]
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+http://designmodo.github.com/Flat-UI/
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+https://github.com/github/dmca/commit/735e17614cca63102b8414ed2846c3effbfe9535
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+By typing or otherwise writing my name here, I [private] managing partner at Designmodo, do represent and warrant, under the penalty of perjury, that I believe, in good faith, that the material I have identified above was only removed or disabled as the result of a mistake or misidentification. My submission of this form signifies my consent to
+the jurisdiction of the Federal District Court for the judicial district in which the address I have furnished above is located, or, if the address I provided above is outside the United States. I understand that by typing or otherwise writing my name above I am providing an electronic signature that is in all ways equivalent to providing a physical signature on a tangible legal document.
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+[private]

27 comments on commit 6a33a21

@michaelficarra

🤘

@rick
rick commented on 6a33a21 Mar 6, 2013

References: 735e176

@skopp
skopp commented on 6a33a21 Mar 6, 2013

⚡️ @designmodo the FOSS community has your back, dawg. Fist-bump?

@dotnetchris

Here here!

@lmartins

I support this, please bring the repo back.

@benatkin

10-14 business days? 😦

@bobthecow

They have to. See this comment for a bit more info on the process GitHub is required by law to follow.

@VladimirMangos

It's can be faster only if LayerVault step back with own takedown.

@koconder

Bump... We support this!!

@abh1nav
abh1nav commented on 6a33a21 Mar 8, 2013

🤘

@intelliot

10-14 business days? the internet is broken.

@mikegioia

I've read this entire idiotic saga from start to finish and I just can't believe a DMCA was filed over a few similar looking icons and a color palette. This is nothing short of humiliating for LayerVault.

@robertcedwards

@mikegioia couldn't agree more…

@sesh
sesh commented on 6a33a21 Mar 19, 2013

The 10 day waiting period is over yet this repository is still unavailable due to the DMCA takedown notice.

Has @LayerVault filed a suit?

@skopp
skopp commented on 6a33a21 Mar 19, 2013

re: 6a33a21#commitcomment-2839723 - this is not on GitHub anymore, but is at http://designmodo.com/flat-free/ - In other words, resolved. So, grab it, and it they want to, let them file whatever they want. If anybody can't get the files, I have them.

@sesh
sesh commented on 6a33a21 Mar 19, 2013

@skopp But that's not really the point, is it? @LayerVault filed a DMCA takedown notice in bad faith that @github had to comply with, @designmodo filed a counter notice, and now that the waiting period is up the repository should be back online.

@skopp
skopp commented on 6a33a21 Mar 20, 2013

6a33a21#commitcomment-2839875 - Okay, I hear you. Honestly, I don't know what is the protocol that is/was to be followed, but I imagine (correct me if I'm wrong), that @github should remove the yellow "police line do not cross" tape after about 13 business days.

Do we know the politics going on behind closed doors here? I do get the frustration, alas I'd give it a week or two more before rolling up sleeves (I know... sucks. But it's like that, and that's the way it is.)

Update:

@sesh
sesh commented on 6a33a21 Mar 20, 2013

And just like that, it's back online:

https://github.com/designmodo/Flat-UI

@skopp
skopp commented on 6a33a21 Mar 20, 2013

LMFAO :|
There is still an updated DMCA summarized report/outcome that should be 'commited' to this repo. Not so, @github ?

@skopp
skopp commented on 6a33a21 Mar 20, 2013

One more thing: These DMCA takedowns - should they not have Chilling Effects detailed, fully disclosed lniks summarizing the exact illegally replicated or ©️ infringing items (ChillingEffects.org do all the hard work there, DMCA need not worry to).

Even Google posts links to the relating ChillingEffects profiles pertaining to any DMCA takedowns they are slapped with. And I suspect (again, correct me if wrong) that they wait for there to be enough material from both the EFF + friends crew and the DMCA before taking these sources down.

Not my forte - law, nor am I a lawyer, but everyone holds the power of attorney. This Designmodo thing has been heartwarming and refreshing for me - and mark my words, we've set a precedent here, people. BRAVO! 👍

Ending off:

@benatkin

Wahoo!

@benatkin

🍻

@bobthecow

@skopp It's been a bit, but nobody answered your question so I'll take a shot:

If a service hosting user content wants to be protected under the safe harbor provisions of the DMCA, i.e. they want to not be held accountable for illegal content posted by users, i.e. exactly what everyone hosting user content wants, then they are required to do certain things. One of which is to immediately take down the alleged copyrighted content when they get a DMCA notice. If they don't, the lose safe harbor. Google does this. Facebook does this. GitHub does this. The flip side of this is once you file a counter-notice, they are also required to restore your content after 10-14 days, unless the accuser actually takes you to court.

Read this comment for a bit more details on the process.

Google posting all DMCA notices to ChillingEffects, and GitHub posting them to this repo are great examples of ways that services can be super transparent about the process, which is really awesome. This is an example of them not just rolling over and handing you over to the big bad corps who abuse the DMCA :)

@VladimirMangos

to the big bad corps who abuse the DMCA

problem with DMCA more wide: anyone size corps or people abuse DMCA, but not against big corps. Anyone who with big chance will not react by start court process back for abuse law under fire. And only "the big bad corps" protected from start.

@skopp
skopp commented on 6a33a21 May 27, 2013

@bobthecow
re: 6a33a21#commitcomment-3268140 - Cool, thanks for replying!

@jduncanator

@bobthecow Hang on.. don't Google screen each DMCA notice? How come its not alright for GitHub to choose whether a DMCA notice is legitimate and whether the content is indeed infringing yet Google can selectively remove or not remove URLs that are detailed in a DMCA takedown notice at their own discretion?

@tekkub
Contributor
tekkub commented on 6a33a21 Jul 12, 2014

@jduncanator it's not the service provider's place to screen takedowns or counter-notices. We simply follow the DMCA takedown procedure: receive notice, inform user, take content down immediately, receive counter-notice, inform plaintiff, wait the required time period, put content back up unless further legal action is taken.

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