GitHub 的這篇文章是由 Abby Vollmer 發表的,從 LinkedIn 上的資料也可以看到他以前的經歷都是法律相關,現在在 GitHub 的頭銜是「Director of Platform Policy and Counsel」,而這篇的用字也可以看出來很小心。
首先 GitHub 認為下架的原因是 Section 1201:
Section 1201 dates back to the late 1990s and did not anticipate the various implications it has for software use today. As a result, Section 1201 makes it illegal to use or distribute technology (including source code) that bypasses technical measures that control access or copying of copyrighted works, even if that technology can be used in a way that would not be copyright infringement. Circumvention was the core claim in the youtube-dl takedown.
Moving forward, rightsholders will not be allowed to send copyright infringement notices for ISPs to pass onto their customers, if they contain a direct or indirect offer to settle.
The development effectively ends Rightscorp-style business models in Canada.
這是條文:
Bill C-86, the Budget Implementation Act, has now received royal assent, so there will be some big changes in the Great White North. Section 41.25 of the Copyright Act is now amended with the addition of the following;
(3) A notice of claimed infringement shall not contain:
(a) an offer to settle the claimed infringement;
(b) a request or demand, made in relation to the claimed infringement, for payment or for personal information;
(c) a reference, including by way of hyperlink, to such an offer, request or demand; and
(d) any other information that may be prescribed by regulation.
The Electronic Frontier Foundation (EFF) filed suit against Universal Music Publishing Group (UMPG) asking a federal court to protect the fair use and free speech rights of a mother who posted a short video of her toddler son dancing to a Prince song on the Internet.
Stephanie Lenz's 29-second recording shows her son bouncing along to the Prince song "Let's Go Crazy " which is heard playing in the background. Lenz uploaded the home video to YouTube in February to share it with her family and friends.
In late June 2007, Lenz sent YouTube a counter-notification, claiming fair use and requesting the video be reposted. Six weeks later, YouTube reposted the video. In July 2007, Lenz sued Universal for misrepresentation under the DMCA and sought a declaration from the court that her use of the copyrighted song was non-infringing. According to the DMCA 17 U.S.C. § 512(c)(3)(A)(v), the copyright holder must consider whether use of the material was allowed by the copyright owner or the law.
而環球直接挑明不在意 fair use:
In September 2007, Prince released statements that he intended to "reclaim his art on the internet." In October 2007, Universal released a statement amounting to the fact that Prince and Universal intended to remove all user-generated content involving Prince from the internet as a matter of principle.
The district court held that copyright owners must consider fair use before issuing DMCA takedown notices. Thus, the district court denied Universal's motion to dismiss Lenz's claims, and declined to dismiss Lenz's misrepresentation claim as a matter of law.
同時認為環球濫用 DMCA takedown notification:
The district court believed that Universal's concerns over the burden of considering fair use were overstated, as mere good faith consideration of fair use, not necessarily an in-depth investigation, is sufficient defense against misrepresentation. The court also explained that liability for misrepresentation is crucial in an important part of the balance in the DMCA.
The panel held that the DMCA requires copyright holders to consider fair use before sending a takedown notification, and that failure to do so raises a triable issue as to whether the copyright holder formed a subjective good faith belief that the use was not authorized by law.
Today we are improving the reclamation process with the addition of a two-minute warning, formally known as a Spot Instance Termination Notice.
不過目前不是 trigger,而是透過 polling 的方式提供:
The Termination Notice is accessible to code running on the instance via the instance’s metadata at http://169.254.169.254/latest/meta-data/spot/termination-time. This field will become available when the instance has been marked for termination (step 3, above), and will contain the time when a shutdown signal will be sent to the instance’s operating system.
建議的 polling 時間是五秒鐘一次:
We recommend that interested applications poll for the termination notice at five-second intervals.