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Sony Sends DMCA Takedown Notice To GitHub 266

Posted by timothy
from the oh-you-own-what-we-say-you-own dept.
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."
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Sony Sends DMCA Takedown Notice To GitHub

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  • Re:All Exploits (Score:5, Interesting)

    by hedwards (940851) on Saturday January 29, 2011 @11:29PM (#35046814)
    Doesn't matter whether it does or not, precedence indicates that this is protected speech. Or at least that's what the courts said about DeCSS, and this even less ambiguously speech. Not to mention that Sony doesn't get to file a DMCA take down notice on this as the code they're requesting be taken down doesn't belong to them. The key itself isn't subject to copyright.
  • by DurendalMac (736637) on Saturday January 29, 2011 @11:33PM (#35046840)
    THIS. Anyone hosting DMCA-questionable content should damned well get a server offshore in a country that doesn't care about IP laws and then be sure to take every step to keep their real identity separate from it. I hear Russia is a good place...
  • by Anonymous Coward on Saturday January 29, 2011 @11:43PM (#35046882)

    Agreed, more fundamental issues (things like freedom and human rights) were the trigger for what happened in Tunisia and Egypt.

    Now that i think of it, while freedom and human rights and all that jazz were central to the unrest in the arab world, the thing that got the Middle-class Muhammeds off his behind and into the streets was the economic situation. Runaway inflation and the price rise probably acted as the one issue hot enough to move the usually reluctant masses to action.

    Goes to show that you can get away with pretty much anything, as long as you can keep people busy working hard just to make ends met. You let the situation get out of hand enough so that now matter how hard he/she works, the ends just aint(sic) going to be met, that's when people give up on the rat race, and suddenly have time to think about protests, placards and maybe even the guillotine.

    Reminds me of a humorous headline i read last week :- For the first time in history, the prices of necessity, comfort, and luxury are all the same.(Onions - Rs 65/Kg, Petrol - Rs 65/Liter, Beer Rs. 65/Glass).

    RkR

  • Re:That was fast (Score:5, Interesting)

    by hedwards (940851) on Saturday January 29, 2011 @11:43PM (#35046890)

    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? [chillingeffects.org]

    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.

  • Dirty Tricks (Score:4, Interesting)

    by index0 (1868500) on Saturday January 29, 2011 @11:46PM (#35046904)

    If you google "sony geohot $1" http://www.google.ca/search?q=sony+geohot+%241 [google.ca] you will get some info along the lines that Sony tried to paypal George Hotz $1 dollar ("Attached hereto as Exhibit DD is true and correct copy of a redacted PayPal receipt from George Hotz, using an account registered to..." from http://psx-scene.com/forums/attachments/f6/23998d1294899764-scea-vs-geohot-day-2-more-files-day-3-now-over-more-files-added-04-pdf [psx-scene.com] ). You can imagine why Sony did this ...

  • Re:All Exploits (Score:5, Interesting)

    by hedwards (940851) on Sunday January 30, 2011 @12:16AM (#35047010)

    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.

  • Re:To laughingcoyote (Score:5, Interesting)

    by laughingcoyote (762272) <barghesthowl.excite@com> on Sunday January 30, 2011 @12:27AM (#35047064) Journal

    I'm not giving out any Sooper Seekrit information, just stuff that's on a public website. If it's illegal to "incite" people to protest things by speaking to the parties responsible, then it's even worse than I thought.

  • Re:All Exploits (Score:3, Interesting)

    by Anonymous Coward on Sunday January 30, 2011 @01:05AM (#35047194)
    Not that there's "no legal use"... just that its primary purpose is illegal. The Other-OS-to-piracy link is pretty straightforward to lawyers.
  • by business_kid (973043) <business.kid@gmaNETBSDil.com minus bsd> on Sunday January 30, 2011 @04:18AM (#35047708)
    When faced with the threat of continuing legal bills for asserting your rights, the pragmatic thing to do is comply. The Net is not the anonymous place we all thought it was. It seems America is not the land of the free unless you can afford to pay for it! Note to self: Make sure to have multiple legislatures for any controversial site I put up. E.G. service registered in country A, selling into country B and located in country C :-D.
  • by vinehair (1937606) on Sunday January 30, 2011 @12:59PM (#35049576)

    Game discs aren't the scratch prone things they were in the PSone days so that's no excuse. There is no NEED for you to "backup" your discs and/or mod your device to play "backups". Perhaps even "backups" of games you don't own, yes?

    Hi Sony. Perhaps you missed the part where he said "...I'll do with it what I damn well please. You have no right, no goddamn right, to tell me what I can and can not do with it?" Because that's pretty much what you've just posted. Perhaps you can explain to us instead not the logic behind wanting to backup the expensive games bought, but instead the reason that gives you the authority to tell him that he shouldn't be doing that, and to stop whinging about it?

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