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Sony Sends DMCA Takedown Notice To GitHub
Plombo writes "Sony's war against PS3 hacking continues. On January 27, Sony Computer Entertainment America sent a DMCA takedown notice to GitHub demanding the removal of 6 repositories under the 'circumvention device' clause of the DMCA. All of the repositories in question were related to jailbreaking or homebrew development for the PS3."
Basically what's going on is that Sony had their attorneys file a fraudulent take down request. Github will look at it and probably put the materials back online in the near future. Right now they're pretty clearly commiting perjury
Question: What are the notice and takedown procedures for web sites?
Question: What are the notice and takedown procedures for web sites?
Answer: In order to have an allegedly infringing web site removed from a service provider's network, or to have access to an allegedly infringing website disabled, the copyright owner must provide notice to the service provider with the following information:
The name, address, and electronic signature of the complaining party [512(c)(3)(A)(i)]
The infringing materials and their Internet location [512(c)(3)(A)(ii-iii)], or if the service provider is an "information location tool" such as a search engine, the reference or link to the infringing materials [512(d)(3)].
Sufficient information to identify the copyrighted works [512(c)(3)(A)(iv)].
A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of [512(c)(3)(A)(v)].
A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner [512(c)(3)(A)(vi)].
Once notice is given to the service provider, or in circumstances where the service provider discovers the infringing material itself, it is required to expeditiously remove, or disable access to, the material. The safe harbor provisions do not require the service provider to notify the individual responsible for the allegedly infringing material before it has been removed, but they do require notification after the material is removed.
Yes, but they don't have a leg to stand on otherwise. It's been settled since all that DeCSS stuff that code is protected by the 1st amendment. So the only way that they could file a takedown notice here would be if they owned the copyright to it.
Sony can't legally file the takedown as they have to state under penalty of perjury that there is no legal use for the software that they want taken down.