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Inside.com's developer newsletter spotted this code repository story: GitHub posted a DMCA notice it received from the Motion Picture Association (MPA) last week asking the platform to take down a repository associated with NYAA.si, a popular torrent site specializing in anime content. The DMCA captured attention as the code doesn't belong to the MPA. Rather, the MPA argues the code is used for the development of the site, which allows for copyright infringement, while the repo also makes it possible to create NYAA clones. The news comes a few months after GitHub restored the youtube-dl repository and created a $1m legal defense fund to help open source developers fight unwarranted DMCA Section 1201 takedown claims. At the same time, the platform also announced it will be improving its Section 1201 claim review process to make it harder to take down repos. But the next day, the newsletter reported GitHub had reversed the takedown: The company explains the notice didn't meet its DMCA Takedown Policy requirements as it failed to "establish that the code is preconfigured to infringe." GitHub adds that it also restored any content that was disabled because of the notice. Some context from TorrentFreak: This isn't the first time the MPA has gone after the anime torrent site. Last November we reported that the anti-piracy group sent cease and desist letters to several people who are allegedly connected to the site, describing it as an "Anime Cartel". TorrentFreak's latest update: A few weeks ago, the Motion Picture Association tried to shut the project down by going after several people who are allegedly linked to the site. Framing NYAA as an "Anime Cartel", the movie group demanded a total shutdown and tens of thousands of dollars in settlements... This takedown request initially succeeded as GitHub disabled the repository earlier this week. Before doing so, the platform reached out to the developers and gave them the option to respond or make changes, but that request went unanswered. Without a response from the developers, this is usually where things end. In this case, however, GitHub decided to carry out another review after the project was taken down, perhaps in part motivated by the news coverage. "While we didn't hear back from the maintainers, we chose to do another review ourselves to proactively see how we could resolve the issue," a GitHub spokesperson informs TorrentFreak... [A]t the time of writing the NYAA repository is up and running again. The MPA still has the option to provide additional information about the allegedly-infringing nature of the code, which would then trigger another review. GitHub stresses that it's their purpose to make sure that developers can host code within the boundaries of the law. Unless the entire repository is infringing, it's standard policy to allow developers to respond to DMCA claims before any content is removed.
Read more of this story at Slashdot.
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