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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44 views

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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1answer
24 views

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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1answer
28 views

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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1answer
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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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1answer
425 views

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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What are the legal actions that can be taken against me and my app for breaching the YouTube Terms and Conditions?

Suppose, I create an Android app that streams music/songs illegally by playing them in a YouTube player while hiding the player view, and also allows downloading the videos offline both of which are ...
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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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3answers
161 views

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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1answer
76 views

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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3answers
482 views

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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770 views

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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2answers
160 views

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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1answer
92 views

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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1answer
55 views

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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2answers
121 views

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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1answer
2k views

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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119 views

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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1answer
441 views

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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2answers
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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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2answers
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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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1answer
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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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1answer
75 views

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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686 views

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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263 views

Is there any "enforceable" protection for the uploader from fake DMCA takedown requests?

I know that a request must be "under penalty of perjury". But that doesn't protect against fake information. Anyone, and especially parties outside US jurisdiction, (and even more so in countries ...
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Why don't companies supply all of the needed information about their DMCA designated agents?

I wrote "why" for lack of a better short way of saying: I'm assuming these large companies won't take a chance of being sued for this, and furthermore assume that they know the law requires it, so ...
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313 views

Does DMCA cover apps?

I'm planning on selling an app where users will be able to upload content, and other users will be able to see it. The content will not be available on a website. The content will be stored on my web ...
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278 views

Does bypassing the 10NES lockout chip violate the DMCA?

The first model of the Nintendo Entertainment System (NES) has a 10NES lockout chip to prevent unauthorized games from being played which many of the companies worked around. The negative result to ...
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Is it legal for a website to require registration in order to submit a DMCA?

This is about one of the big file sharing websites that currently has 30+ links to my original content. I sent them an official DMCA, they replied to make a registration on their website and use their ...
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8k views

Do we have to take down the material for 14 days even if the DMCA notice is erroneous?

A very large site and my site are both licensed to use product images created and photographed by the same vendor. Now the large site comes after my site and sends a DMCA notice to my hosting provider,...
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449 views

How to challenge a DMCA takedown without putting yourself at risk?

I'm an open-source contributor trying to share a repository that a company claims they own. They claim that parts of the project include information (let's call them magic numbers) that were reverse-...
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1answer
447 views

DMCA disclaimer's impact on hosted material

I've found a website that hosts a large number of data that is supposed to be publicly available. They've put this in their DMCA information page: "The Eye (https://the-eye.eu/) respects the ...
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2answers
272 views

Am I entitled to information that the DMCA claimant is taking a legal action against me within 10 business days after receiving counter DMCA notice?

An item of mine was removed from a third-party website due to a DMCA copyright claim. I'd gone thoroughly into it and noticed serious issues with the document. Namely, contact credentials were ...
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2answers
224 views

Can the user be given time to respond (DMCA) before removing content?

If I (as a website owner) receive a DMCA Takedown Notice for a user's post, am I allowed to give said user a small period of time to provide a counter-notice before I take down the post? I was hoping ...
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1answer
988 views

Whistling copyrighted music on youtube

Without going into too much detail as to the why's and wherefore's of the question (I'll put it at the bottom, question first), I am curious about the copyright laws regarding whistling copyrighted ...
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3answers
25k views

Is creating and selling "cheats" or "hacks" for games illegal?

I sell game hacks for a living, but wanted to learn more about the laws regarding what I do. Most of you probably haven't heard of this, but there are people like me who reverse engineer games, and ...
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1answer
121 views

Can I file a DMCA takedown notice for a derivative book I made without authorization of the author which was published on the internet by my students?

I made a summary book of a larger book and I provided it to my students six years ago. This derivative book has my name on it and was made without authorization of the editorial of the original book. ...
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1k views

How can I legally protect my website from users who upload copyrighted material?

I have a small website that hosts content in the form of text from registered users. The content can be described more specifically as short novels, essays and other personal work. How do I protect ...
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1answer
156 views

DMCA and First Amendment: When can a commentator be compelled to reveal their method of content acquisition?

Scope This topic is cousin to the latitude afforded journalists to protect their sources. However, this question primarily pertains to enforcement of the DMCA. Definitions “User”: the entity that ...
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264 views

Can the original copyright holder issue DMCA takedown requests on infringements of second-order derivative works?

Consider this scenario: Alice publishes a work A under CC-BY-SA-3.0. Bob makes a derivative work B from A, and publishes it under CC-BY-SA-3.0. Charles makes another derivative work C from B, and ...
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1answer
110 views

Is there liability for distributing someone else's copyrighted material to those with permission to use it?

For example, multiple companies that resell widgets are given permission by WidgeCo™ to reuse content (descriptions and images of products) from widgeco.com. As a third-party website provider to ...
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2answers
117 views

Do I have video rights over my software?

If one creates software and chooses to sell it, are they able to control any video footage of the software in use? If so, must they go about that by stating explicitly in the license that users may ...
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2answers
204 views

Copyrights owner rights in case of DMCA – user block

Recently I started to sell my digital items in the web and faced with the piracy. Pirates fraud my files from the market, upload them to the file hosting services and posts the links to warez web ...