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ernsheong 8 hours ago

They can just file another DMCA against Codeberg, what am I missing here?

normie3000 8 hours ago | parent | next [-]

Sounds like Codeberg would still take down the repo, but would be more supportive: https://blog.codeberg.org/on-the-youtube-dl-dmca-takedown.ht... (2020)

Maybe there are more recent examples?

landr0id 7 hours ago | parent | prev | next [-]

For real. Use https://radicle.xyz/ if you want actual takedown resistance.

huijzer 7 hours ago | parent [-]

Or self-host Forgejo?

JLO64 7 hours ago | parent [-]

This is what the Eden switch emulator does ever since Nintendo went after them on GitHub.

notThrowingAway 8 hours ago | parent | prev [-]

That won't be easy because Codeberg follows German law.

fweimer 3 hours ago | parent | next [-]

And German law is more restrictive than U.S. copyright law, with fewer protections for content uploaders and service providers. There is also no concept of fair use that limits copyright.

I want Codeberg to succeed, but running an open code hosting platform (both in the sense that anyone can create an account, and the service source code is publicly available) in the European Union, and especially Germany, is extremely challenging from a legal perspective. Sadly, once they become successful and popular, they will have to implement all kinds of weird stuff, like proprietary scanners for potentially infringing content prior to publishing it.

echelon 8 hours ago | parent | prev [-]

Germany and the EU will probably kowtow to the US if the DMCA requests or lawsuits are brought by big enough players.

Big money interests rub shoulders with US politicians, US politicians deal with their overseas counterparts. Therefore, big enough DMCA requests will be mentioned behind closed doors in the same breath as international trade and other geopolitical concerns. Money protects money in deals between close enough friends and allies.

If Codeberg were based in Russia or a US geopolitical adversary, on the other hand, such requests would likely be ignored.

lmz 7 hours ago | parent [-]

A DMCA takedown is targeted at the host and is a pre-lawsuit thing ("we claim X and if you take it down now your host is safe" via the DMCA Safe Harbor provisions). If they escalate to lawsuits then not sure it's significantly different in Germany vs the USA. It's not like Europe is free from things like blocking all of Cloudflare because the football league wants to.

fweimer 3 hours ago | parent [-]

This procedure only applies to copyright-infringing content, not to trafficking in circumvention devices. It seems that in this case, it's the latter.