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[return to "Mazda slaps developer with cease-and-desist for DIY smart home integration"]
1. jonoc+G9[view] [source] 2023-10-23 21:06:03
>>heshie+(OP)
"Even if I believe that what I'm doing is morally correct and legally protected, legal processes still have a financial cost. I can't afford to take on that financial risk for something that I do in my spare time to help others." - this is very logical and exactly what I would have done but it still makes me very sad that this is the way the world works right now :(
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2. prepen+5i[view] [source] 2023-10-23 21:55:57
>>jonoc+G9
I wish GitHub would do more to protect developers from this bullshit.

I know they aren’t required to, but I remember the olden days when more companies would fight dmca requests. But I suppose they were much less common then.

The EFF might help, but even expecting individuals to appeal to the EFF is probably too much work and too much risk.

I’d like to see GitHub partner with EFF to have first look at these requests and choose to fight ones that seem invalid. I’d donate to they cause.

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3. maxeri+Rj[view] [source] 2023-10-23 22:05:15
>>prepen+5i
What's it look like? The next step to fight this is for the user of the Github service to file a counter notice and wait to see if Mazda files a copyright infringement lawsuit against them.

It probably doesn't make sense for Github to indemnify them, and short of that, there's not really a lot of convincing they can do if someone isn't interested in engaging in litigation with some huge company.

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4. prepen+Su[view] [source] 2023-10-23 23:16:47
>>maxeri+Rj
They could auto file a counter notice. They could provide free legal council to help the user file. They could route to EFF or others to file counter notices.

They could even sue for damages from false claims since API can’t be copyrighted.

There’s tons they could do. Microsoft has immense resources and far greater than Mazda.

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5. maxeri+Rw[view] [source] 2023-10-23 23:30:42
>>prepen+Su
They don't have standing to auto file a counter notice. And then if someone accidentally publishes something copyrighted to github, they probably don't want to go through a lawsuit.

I looked at the code some, there are some app secrets stored and used, so they probably have at least a thin claim.

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