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The problem with the DMCA is that if the claimant disagrees with your counter notice, the content stays offline for at least enough time for a lawsuit be be filed over the contents of the post, if the claimant is actually willing to take the matter to court.

I don't think anyone will actually go through the expenses to go to court over a code snippet on Github, unless they're particularly principled, wealthy, and retired and I think Hackerrank will definitely try to send their in their legal team.

By just filing a counter notice, you're also doxing yourself to people who clearly have no interest in following the law.

Github seems to have processed the DMCA counter notice but the content is still offline. From that I gather that Hackerrank filed a lawsuit or the counter notice was retracted somehow, or Github is violating the DMCA by keeping the content offline.



> The problem with the DMCA is that if the claimant disagrees with your counter notice, the content stays offline until a lawsuit is fought out over the contents of the post.

Not quite. The obligation of the service provider when they receive a counter-notice is to inform the person who filed the original notice, and give them 10-14 days to file a court order to block the content. If they don't get that court order in that time, the service provider must put the content back up or risk losing their DMCA safe harbor.

https://www.law.cornell.edu/uscode/text/17/512


You're absolutely right, I've edited my comment.


Yeah, the fact that the DMCA works like that makes it a guilty-until-proven-innocent system.


100% and that is ridiculous, it's going to be a cancer on the open source community. Basically patent troll level harassment, except you didn't need to go through any of the "work" or "effort" to acquire a patent, and you don't have to actually bring a suit in court for the damage to be done.




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