Reply to post: Re: Apple has a point

Apple tells GitHub to fork off: iGiant steps outside DMCA law in quest to halt iBoot leaks

eldakka

Re: Apple has a point

> are required to respect takedown notices without question.

No, no they are not.

They are allowed to first asses the takedown notice, and they can refuse a takedown if it is deficient in some way, e.g. claiming copyright ownership of something they don't own (e.g. sending a DMCA for happy birthday which is in the public domain).

They can also consult with the actual publisher of that material first (as long as they do it quickly) to get more information, and the publisher can issue a counter-DMCA notice to get the material put back up.

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