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Qualcomm Retracts Its Massive DMCA Takedown Of Git Repositories

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  • #11
    Originally posted by deimios View Post
    Correct me if I'm wrong (not from the US) but doesn't the DMCA takedown request have the line: you declare UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf?

    Doesn't this mean some steep fines for false takedown requests?
    But they didn't break this. They are the copyright owner and are authorized to act. Just that their act was unnecessary and caused loss to other parties. Hopefully that is covered by some other clause there. But not this one.

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    • #12
      If there are no fines ...

      Originally posted by AnonymousCoward View Post
      but someone would need to sue them.
      ... can we just issue a DMCA notice for the Microsoft website? Just for fun? And take it back after a week or so, saying "Sorry, was a mistake...".

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      • #13
        Originally posted by lowflyer View Post
        ... can we just issue a DMCA notice for the Microsoft website? Just for fun? And take it back after a week or so, saying "Sorry, was a mistake...".
        Sure, go ahead... but only if you don't mind having several dozen $5000/hour lawyers knocking on your door 10 minutes later...

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        • #14
          @droidhacker: Do you imply that Qualcomm has now several dozens of $5000/hour lawyers knocking at their door? If this is the case, then I be able to sleep a lot better tonight (with a happy grin on my face...)

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          • #15
            Originally posted by dragorth View Post
            And apparently he/she has enough authority to do some good.
            I doubt it has got anything to do with authority. Anyone who is a bit smarter will automatically stand out as the authority over the rest.

            Rather someone must have paid attention and taken an interest to what his or her minions are actually doing, which does not happen automatically. Authorities will often not care unless some alarms go off.

            It could well be that we have to thank the press for it.
            Last edited by sdack; 07-08-2014, 12:31 PM.

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            • #16
              Originally posted by sdack View Post
              This proves one thing... among all them Qualcomm employees there is at least one who is not quite as stupid as the rest.
              Or someone at Sony Mobile said:
              "What the fsck was that? Get you shit together or we will never consider your hardware, and sue you for the damage in cost and reputation when you accuse us of copyright infringement and take down our source repositories!"

              Sony is not a small player, and I do not think Qualcomm wants to piss them off more then necessary.

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              • #17
                Originally posted by phoronix View Post
                Phoronix: Qualcomm Retracts Its Massive DMCA Takedown Of Git Repositories

                As a follow-up to the story about a Qualcomm DMCA notice taking down 100+ repositories of open-source code on GitHub, Qualcomm has changed course...

                http://www.phoronix.com/vr.php?view=MTczNzA
                One of the worst news in reality...

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                • #18
                  Originally posted by Jammyamerica View Post
                  One of the worst news in reality...
                  So, taking back the take down notice based on unfounded illegal activity is in fact the worst new ever.

                  I'd like a shrubbery. A nice one.
                  WEEEEEEEE!

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                  • #19
                    Originally posted by deimios View Post
                    Correct me if I'm wrong (not from the US) but doesn't the DMCA takedown request have the line: you declare UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf?

                    Doesn't this mean some steep fines for false takedown requests?
                    It's a penalty that exists in theory, but one that's virtually impossible to enact in practice because you would have to prove that they knowingly filed a false takedown request.

                    In other words, you need a smoking gun email where their CEO's are talking about how great it will be to send these illegal takedowns out the next day even though they know they are completely false.

                    Without that, they can just claim some automated system flagged it, or an employee mistakenly thought they should send these out, and legally they are in the clear.

                    Good luck getting anywhere with that, unless you've got millions of dollars to launch a full scale investigation and years-long legal attack.

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                    • #20
                      And apparently he/she has enough authority to do some good.

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