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Re: Do we need to hide packages in NEW queue

Stephan Lachnit <stephanlachnit@debian.org> writes:

> If I compare how other mediums handle copyright violations, most
> services have a "file a claim infringed copyright here" button on their
> site (e.g. YouTube). For example, we could write a DMCA policy like
> e.g. Github [2], hyperlink in the footer of all our official websites,
> make a small "debian-dmca" tool that is always available in our builds
> to file claims and provide infrastructure to process such claims.

Just as a side note, I believe the DMCA safe harbor provisions only apply
to entities that allow unrelated third parties to upload material to their
web sites (social media, GitHub, etc.).  Debian only allows project
affiliates to upload packages, so I suspect that we cannot use the DMCA
safe harbor provision.  (A lawyer would of course be able to answer that
question more conclusively.)

This is a bit murky given that Debian has only murky legal existence, but
it doesn't feel like we're within the spirit of the DMCA safe harbor
provision.  (Also, I don't know what that looks like in non-US law, since
the DMCA thing is specifically a US law.)

> I highly doubt that anyone will ever directly start a lawsuit instead of
> sending a cease-and-desist letter first, I'm not even sure if it is
> legal to start a lawsuit without doing this first.

Right, the other angle that it would be nice to have some more legal
information about is what would happen if we did make a mistake.  How
likely is it that we wouldn't be able to remedy it without much cost if we
acted promptly?  This is less a question about the specific language of
the law and more a practical question of how the law works in the real
world, something that a lawyer would be better-qualified to weigh in on.

Russ Allbery (rra@debian.org)              <https://www.eyrie.org/~eagle/>

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