From b00ab8e67661cd02830a0ae3007858a5d9752c88 Mon Sep 17 00:00:00 2001 From: Abby Vollmer Date: Thu, 18 Feb 2021 20:38:38 -0800 Subject: [PATCH 01/15] Add to forks section - rapid forking, large network --- content/github/site-policy/dmca-takedown-policy.md | 2 ++ 1 file changed, 2 insertions(+) diff --git a/content/github/site-policy/dmca-takedown-policy.md b/content/github/site-policy/dmca-takedown-policy.md index 7fbaf5fab8b5..4c6322222d32 100644 --- a/content/github/site-policy/dmca-takedown-policy.md +++ b/content/github/site-policy/dmca-takedown-policy.md @@ -63,6 +63,8 @@ One of the best features of GitHub is the ability for users to "fork" one anothe GitHub *will not* automatically disable forks when disabling a parent repository. This is because forks belong to different users, may have been altered in significant ways, and may be licensed or used in a different way that is protected by the fair-use doctrine. GitHub does not conduct any independent investigation into forks. We expect copyright owners to conduct that investigation and, if they believe that the forks are also infringing, expressly include forks in their takedown notice. +Please note, if you are alleging copyright infringement in a full repository that is actively being forked and you have identified all known forks at the time or, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories, we would consider disabling the entire network if you could state in your notice that, based on the representative number of forks you have reviewed and subsequently listed in your notice, you believe that all or most of the forks are infringing to the same extent as the parent repository. + ### C. What If I Inadvertently Missed the Window to Make Changes? We recognize that there are many valid reasons that you may not be able to make changes within the window of approximately 1 business day we provide before your repository gets disabled. Maybe our message got flagged as spam, maybe you were on vacation, maybe you don't check that email account regularly, or maybe you were just busy. We get it. If you respond to let us know that you would have liked to make the changes, but somehow missed the first opportunity, we will re-enable the repository one additional time for approximately 1 business day to allow you to make the changes. Again, you must notify us that you have made the changes in order to keep the repository enabled after that window of approximately 1 business day, as noted above in [Step A.4](#a-how-does-this-actually-work). Please note that we will only provide this one additional chance. From a8097bf4962ba7972a0eed09cd34ed3ee041efcf Mon Sep 17 00:00:00 2001 From: Abby Vollmer Date: Thu, 18 Feb 2021 20:46:36 -0800 Subject: [PATCH 02/15] Add to forks - rapidly forked, large network --- .../site-policy/guide-to-submitting-a-dmca-takedown-notice.md | 3 ++- 1 file changed, 2 insertions(+), 1 deletion(-) diff --git a/content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md b/content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md index 65d7f81d864f..ffee2ab3a0a9 100644 --- a/content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md +++ b/content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md @@ -53,7 +53,8 @@ GitHub exercises little discretion in the process other than determining whether 2. **Identify the copyrighted work you believe has been infringed.** This information is important because it helps the affected user evaluate your claim and give them the ability to compare your work to theirs. The specificity of your identification will depend on the nature of the work you believe has been infringed. If you have published your work, you might be able to just link back to a web page where it lives. If it is proprietary and not published, you might describe it and explain that it is proprietary. If you have registered it with the Copyright Office, you should include the registration number. If you are alleging that the hosted content is a direct, literal copy of your work, you can also just explain that fact. -3. **Identify the material that you allege is infringing the copyrighted work listed in item #2, above.** It is important to be as specific as possible in your identification. This identification needs to be reasonably sufficient to permit GitHub to locate the material. At a minimum, this means that you should include the URL to the material allegedly infringing your copyright. If you allege that less than a whole repository infringes, identify the specific file(s) or line numbers within a file that you allege infringe. If you allege that all of the content at a URL infringes, please be explicit about that as well. Finally, please note that GitHub will *not* automatically disable [forks](/articles/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork) when disabling a parent repository. If you have investigated and analyzed the forks of a repository and believe that they are also infringing, please explicitly identify each allegedly infringing fork. Please also confirm that you have investigated each individual case and that your sworn statements apply to each identified fork. +3. **Identify the material that you allege is infringing the copyrighted work listed in item #2, above.** It is important to be as specific as possible in your identification. This identification needs to be reasonably sufficient to permit GitHub to locate the material. At a minimum, this means that you should include the URL to the material allegedly infringing your copyright. If you allege that less than a whole repository infringes, identify the specific file(s) or line numbers within a file that you allege infringe. If you allege that all of the content at a URL infringes, please be explicit about that as well. + - Please note that GitHub will *not* automatically disable [forks](/articles/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork) when disabling a parent repository. If you have investigated and analyzed the forks of a repository and believe that they are also infringing, please explicitly identify each allegedly infringing fork. Please also confirm that you have investigated each individual case and that your sworn statements apply to each identified fork. For the rare occasions in which the fork network is of a size (100 or more) that would be difficult to review in its entirety, or if the project you are reporting is being forked at a high rate, we may consider disabling the entire network if the following is included in your notice: "Based on the representative number of forks you have reviewed and subsequently listed in your notice, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement. 4. **Explain what the affected user would need to do in order to remedy the infringement.** Again, specificity is important. When we pass your complaint along to the user, this will tell them what they need to do in order to avoid having the rest of their content disabled. Does the user just need to add a statement of attribution? Do they need to delete certain lines within their code, or entire files? Of course, we understand that in some cases, all of a user's content may be alleged to infringe and there's nothing they could do short of deleting it all. If that's the case, please make that clear as well. From 5f3c2d9c6ae9c39023c73b407035cd2a7b1f9cbd Mon Sep 17 00:00:00 2001 From: Abby Vollmer Date: Thu, 18 Feb 2021 20:48:22 -0800 Subject: [PATCH 03/15] add that fork exception is rare --- content/github/site-policy/dmca-takedown-policy.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/content/github/site-policy/dmca-takedown-policy.md b/content/github/site-policy/dmca-takedown-policy.md index 4c6322222d32..64742ed8cf00 100644 --- a/content/github/site-policy/dmca-takedown-policy.md +++ b/content/github/site-policy/dmca-takedown-policy.md @@ -63,7 +63,7 @@ One of the best features of GitHub is the ability for users to "fork" one anothe GitHub *will not* automatically disable forks when disabling a parent repository. This is because forks belong to different users, may have been altered in significant ways, and may be licensed or used in a different way that is protected by the fair-use doctrine. GitHub does not conduct any independent investigation into forks. We expect copyright owners to conduct that investigation and, if they believe that the forks are also infringing, expressly include forks in their takedown notice. -Please note, if you are alleging copyright infringement in a full repository that is actively being forked and you have identified all known forks at the time or, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories, we would consider disabling the entire network if you could state in your notice that, based on the representative number of forks you have reviewed and subsequently listed in your notice, you believe that all or most of the forks are infringing to the same extent as the parent repository. +Please note, for the rare occasions in which you are alleging copyright infringement in a full repository that is actively being forked and you have identified all known forks at the time or, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories, we would consider disabling the entire network if you could state in your notice that, based on the representative number of forks you have reviewed and subsequently listed in your notice, you believe that all or most of the forks are infringing to the same extent as the parent repository. ### C. What If I Inadvertently Missed the Window to Make Changes? From 0db20a5937e11b6124d10de1506ac5dc53dc3ec2 Mon Sep 17 00:00:00 2001 From: Abby Vollmer Date: Fri, 19 Feb 2021 17:00:06 -0800 Subject: [PATCH 04/15] separate actively forked --- content/github/site-policy/dmca-takedown-policy.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/content/github/site-policy/dmca-takedown-policy.md b/content/github/site-policy/dmca-takedown-policy.md index 64742ed8cf00..49f322ac648f 100644 --- a/content/github/site-policy/dmca-takedown-policy.md +++ b/content/github/site-policy/dmca-takedown-policy.md @@ -63,7 +63,7 @@ One of the best features of GitHub is the ability for users to "fork" one anothe GitHub *will not* automatically disable forks when disabling a parent repository. This is because forks belong to different users, may have been altered in significant ways, and may be licensed or used in a different way that is protected by the fair-use doctrine. GitHub does not conduct any independent investigation into forks. We expect copyright owners to conduct that investigation and, if they believe that the forks are also infringing, expressly include forks in their takedown notice. -Please note, for the rare occasions in which you are alleging copyright infringement in a full repository that is actively being forked and you have identified all known forks at the time or, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories, we would consider disabling the entire network if you could state in your notice that, based on the representative number of forks you have reviewed and subsequently listed in your notice, you believe that all or most of the forks are infringing to the same extent as the parent repository. +Please note, for the rare occasions in which you are alleging copyright infringement in a full repository that is actively being forked, if at the time that you submitted your notice, you identified all known forks as allegedly infringing, we will process a valid claim against the entire fork network at the time we process the notice. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories, we would consider disabling the entire network if you could state in your notice that, based on the representative number of forks you have reviewed and subsequently listed in your notice, you believe that all or most of the forks are infringing to the same extent as the parent repository. ### C. What If I Inadvertently Missed the Window to Make Changes? From 6fc184e1e3afb6ece15da58ae4656f880e9998e5 Mon Sep 17 00:00:00 2001 From: Abby Vollmer Date: Fri, 19 Feb 2021 17:05:16 -0800 Subject: [PATCH 05/15] separate actively forked --- .../site-policy/guide-to-submitting-a-dmca-takedown-notice.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md b/content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md index ffee2ab3a0a9..1a95c1d74d27 100644 --- a/content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md +++ b/content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md @@ -54,7 +54,7 @@ GitHub exercises little discretion in the process other than determining whether 2. **Identify the copyrighted work you believe has been infringed.** This information is important because it helps the affected user evaluate your claim and give them the ability to compare your work to theirs. The specificity of your identification will depend on the nature of the work you believe has been infringed. If you have published your work, you might be able to just link back to a web page where it lives. If it is proprietary and not published, you might describe it and explain that it is proprietary. If you have registered it with the Copyright Office, you should include the registration number. If you are alleging that the hosted content is a direct, literal copy of your work, you can also just explain that fact. 3. **Identify the material that you allege is infringing the copyrighted work listed in item #2, above.** It is important to be as specific as possible in your identification. This identification needs to be reasonably sufficient to permit GitHub to locate the material. At a minimum, this means that you should include the URL to the material allegedly infringing your copyright. If you allege that less than a whole repository infringes, identify the specific file(s) or line numbers within a file that you allege infringe. If you allege that all of the content at a URL infringes, please be explicit about that as well. - - Please note that GitHub will *not* automatically disable [forks](/articles/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork) when disabling a parent repository. If you have investigated and analyzed the forks of a repository and believe that they are also infringing, please explicitly identify each allegedly infringing fork. Please also confirm that you have investigated each individual case and that your sworn statements apply to each identified fork. For the rare occasions in which the fork network is of a size (100 or more) that would be difficult to review in its entirety, or if the project you are reporting is being forked at a high rate, we may consider disabling the entire network if the following is included in your notice: "Based on the representative number of forks you have reviewed and subsequently listed in your notice, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement. + - Please note that GitHub will *not* automatically disable [forks](/articles/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork) when disabling a parent repository. If you have investigated and analyzed the forks of a repository and believe that they are also infringing, please explicitly identify each allegedly infringing fork. Please also confirm that you have investigated each individual case and that your sworn statements apply to each identified fork. For the rare occasions in which you are alleging copyright infringement in a full repository that is actively being forked, and at the time that you submitted your notice, you identified all existing forks as allegedly infringing, we would process a valid claim against all forks in the network at the time we process the notice. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories and thus would be difficult to review in its entirety, we may consider disabling the entire network if you state in your notice that, "Based on the representative number of forks you have reviewed and subsequently listed in your notice, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement. 4. **Explain what the affected user would need to do in order to remedy the infringement.** Again, specificity is important. When we pass your complaint along to the user, this will tell them what they need to do in order to avoid having the rest of their content disabled. Does the user just need to add a statement of attribution? Do they need to delete certain lines within their code, or entire files? Of course, we understand that in some cases, all of a user's content may be alleged to infringe and there's nothing they could do short of deleting it all. If that's the case, please make that clear as well. From 33465384fd171f4d27f56265530705c2c461c90d Mon Sep 17 00:00:00 2001 From: Abby Vollmer Date: Fri, 19 Feb 2021 17:08:34 -0800 Subject: [PATCH 06/15] Update dmca-takedown-policy.md --- content/github/site-policy/dmca-takedown-policy.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/content/github/site-policy/dmca-takedown-policy.md b/content/github/site-policy/dmca-takedown-policy.md index 49f322ac648f..9a153717afd6 100644 --- a/content/github/site-policy/dmca-takedown-policy.md +++ b/content/github/site-policy/dmca-takedown-policy.md @@ -63,7 +63,7 @@ One of the best features of GitHub is the ability for users to "fork" one anothe GitHub *will not* automatically disable forks when disabling a parent repository. This is because forks belong to different users, may have been altered in significant ways, and may be licensed or used in a different way that is protected by the fair-use doctrine. GitHub does not conduct any independent investigation into forks. We expect copyright owners to conduct that investigation and, if they believe that the forks are also infringing, expressly include forks in their takedown notice. -Please note, for the rare occasions in which you are alleging copyright infringement in a full repository that is actively being forked, if at the time that you submitted your notice, you identified all known forks as allegedly infringing, we will process a valid claim against the entire fork network at the time we process the notice. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories, we would consider disabling the entire network if you could state in your notice that, based on the representative number of forks you have reviewed and subsequently listed in your notice, you believe that all or most of the forks are infringing to the same extent as the parent repository. +Please note, for the rare occasions in which you are alleging copyright infringement in a full repository that is actively being forked, and at the time that you submitted your notice, you identified all existing forks of that repository as allegedly infringing, we would process a valid claim against all forks in that network at the time we process the notice. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories, we may consider disabling the entire network if you state in your notice that, "Based on the representative number of forks you have reviewed and subsequently listed in your notice, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement. ### C. What If I Inadvertently Missed the Window to Make Changes? From f492e3256d7f3904dfaf524bbe37b31470ad1c69 Mon Sep 17 00:00:00 2001 From: Abby Vollmer Date: Fri, 19 Feb 2021 17:09:17 -0800 Subject: [PATCH 07/15] Update guide-to-submitting-a-dmca-takedown-notice.md --- .../site-policy/guide-to-submitting-a-dmca-takedown-notice.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md b/content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md index 1a95c1d74d27..f18eae473346 100644 --- a/content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md +++ b/content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md @@ -54,7 +54,7 @@ GitHub exercises little discretion in the process other than determining whether 2. **Identify the copyrighted work you believe has been infringed.** This information is important because it helps the affected user evaluate your claim and give them the ability to compare your work to theirs. The specificity of your identification will depend on the nature of the work you believe has been infringed. If you have published your work, you might be able to just link back to a web page where it lives. If it is proprietary and not published, you might describe it and explain that it is proprietary. If you have registered it with the Copyright Office, you should include the registration number. If you are alleging that the hosted content is a direct, literal copy of your work, you can also just explain that fact. 3. **Identify the material that you allege is infringing the copyrighted work listed in item #2, above.** It is important to be as specific as possible in your identification. This identification needs to be reasonably sufficient to permit GitHub to locate the material. At a minimum, this means that you should include the URL to the material allegedly infringing your copyright. If you allege that less than a whole repository infringes, identify the specific file(s) or line numbers within a file that you allege infringe. If you allege that all of the content at a URL infringes, please be explicit about that as well. - - Please note that GitHub will *not* automatically disable [forks](/articles/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork) when disabling a parent repository. If you have investigated and analyzed the forks of a repository and believe that they are also infringing, please explicitly identify each allegedly infringing fork. Please also confirm that you have investigated each individual case and that your sworn statements apply to each identified fork. For the rare occasions in which you are alleging copyright infringement in a full repository that is actively being forked, and at the time that you submitted your notice, you identified all existing forks as allegedly infringing, we would process a valid claim against all forks in the network at the time we process the notice. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories and thus would be difficult to review in its entirety, we may consider disabling the entire network if you state in your notice that, "Based on the representative number of forks you have reviewed and subsequently listed in your notice, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement. + - Please note that GitHub will *not* automatically disable [forks](/articles/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork) when disabling a parent repository. If you have investigated and analyzed the forks of a repository and believe that they are also infringing, please explicitly identify each allegedly infringing fork. Please also confirm that you have investigated each individual case and that your sworn statements apply to each identified fork. For the rare occasions in which you are alleging copyright infringement in a full repository that is actively being forked, and at the time that you submitted your notice, you identified all existing forks of that repository as allegedly infringing, we would process a valid claim against all forks in that network at the time we process the notice. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories and thus would be difficult to review in its entirety, we may consider disabling the entire network if you state in your notice that, "Based on the representative number of forks you have reviewed and subsequently listed in your notice, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement. 4. **Explain what the affected user would need to do in order to remedy the infringement.** Again, specificity is important. When we pass your complaint along to the user, this will tell them what they need to do in order to avoid having the rest of their content disabled. Does the user just need to add a statement of attribution? Do they need to delete certain lines within their code, or entire files? Of course, we understand that in some cases, all of a user's content may be alleged to infringe and there's nothing they could do short of deleting it all. If that's the case, please make that clear as well. From 550dab41f88ed3ed36d0b41392a7dc48d01abdb8 Mon Sep 17 00:00:00 2001 From: Abby Vollmer Date: Mon, 22 Feb 2021 09:15:08 -0800 Subject: [PATCH 08/15] Update content/github/site-policy/dmca-takedown-policy.md --- content/github/site-policy/dmca-takedown-policy.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/content/github/site-policy/dmca-takedown-policy.md b/content/github/site-policy/dmca-takedown-policy.md index 9a153717afd6..53403457773b 100644 --- a/content/github/site-policy/dmca-takedown-policy.md +++ b/content/github/site-policy/dmca-takedown-policy.md @@ -63,7 +63,7 @@ One of the best features of GitHub is the ability for users to "fork" one anothe GitHub *will not* automatically disable forks when disabling a parent repository. This is because forks belong to different users, may have been altered in significant ways, and may be licensed or used in a different way that is protected by the fair-use doctrine. GitHub does not conduct any independent investigation into forks. We expect copyright owners to conduct that investigation and, if they believe that the forks are also infringing, expressly include forks in their takedown notice. -Please note, for the rare occasions in which you are alleging copyright infringement in a full repository that is actively being forked, and at the time that you submitted your notice, you identified all existing forks of that repository as allegedly infringing, we would process a valid claim against all forks in that network at the time we process the notice. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories, we may consider disabling the entire network if you state in your notice that, "Based on the representative number of forks you have reviewed and subsequently listed in your notice, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement. +Please note, for the rare occasions in which you are alleging copyright infringement in a full repository that is actively being forked, and at the time that you submitted your notice, you identified all existing forks of that repository as allegedly infringing, we would process a valid claim against all forks in that network at the time we process the notice. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories, we may consider disabling the entire network if you state in your notice that, "Based on the representative number of forks you have reviewed, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement. ### C. What If I Inadvertently Missed the Window to Make Changes? From ec6d83b0d0170d4ca84f67145b0529a8d8374f0b Mon Sep 17 00:00:00 2001 From: Abby Vollmer Date: Mon, 22 Feb 2021 09:15:15 -0800 Subject: [PATCH 09/15] Update content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md --- .../site-policy/guide-to-submitting-a-dmca-takedown-notice.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md b/content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md index f18eae473346..a1dc87d329db 100644 --- a/content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md +++ b/content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md @@ -54,7 +54,7 @@ GitHub exercises little discretion in the process other than determining whether 2. **Identify the copyrighted work you believe has been infringed.** This information is important because it helps the affected user evaluate your claim and give them the ability to compare your work to theirs. The specificity of your identification will depend on the nature of the work you believe has been infringed. If you have published your work, you might be able to just link back to a web page where it lives. If it is proprietary and not published, you might describe it and explain that it is proprietary. If you have registered it with the Copyright Office, you should include the registration number. If you are alleging that the hosted content is a direct, literal copy of your work, you can also just explain that fact. 3. **Identify the material that you allege is infringing the copyrighted work listed in item #2, above.** It is important to be as specific as possible in your identification. This identification needs to be reasonably sufficient to permit GitHub to locate the material. At a minimum, this means that you should include the URL to the material allegedly infringing your copyright. If you allege that less than a whole repository infringes, identify the specific file(s) or line numbers within a file that you allege infringe. If you allege that all of the content at a URL infringes, please be explicit about that as well. - - Please note that GitHub will *not* automatically disable [forks](/articles/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork) when disabling a parent repository. If you have investigated and analyzed the forks of a repository and believe that they are also infringing, please explicitly identify each allegedly infringing fork. Please also confirm that you have investigated each individual case and that your sworn statements apply to each identified fork. For the rare occasions in which you are alleging copyright infringement in a full repository that is actively being forked, and at the time that you submitted your notice, you identified all existing forks of that repository as allegedly infringing, we would process a valid claim against all forks in that network at the time we process the notice. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories and thus would be difficult to review in its entirety, we may consider disabling the entire network if you state in your notice that, "Based on the representative number of forks you have reviewed and subsequently listed in your notice, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement. + - Please note that GitHub will *not* automatically disable [forks](/articles/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork) when disabling a parent repository. If you have investigated and analyzed the forks of a repository and believe that they are also infringing, please explicitly identify each allegedly infringing fork. Please also confirm that you have investigated each individual case and that your sworn statements apply to each identified fork. For the rare occasions in which you are alleging copyright infringement in a full repository that is actively being forked, and at the time that you submitted your notice, you identified all existing forks of that repository as allegedly infringing, we would process a valid claim against all forks in that network at the time we process the notice. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories and thus would be difficult to review in its entirety, we may consider disabling the entire network if you state in your notice that, "Based on the representative number of forks you have reviewed, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement. 4. **Explain what the affected user would need to do in order to remedy the infringement.** Again, specificity is important. When we pass your complaint along to the user, this will tell them what they need to do in order to avoid having the rest of their content disabled. Does the user just need to add a statement of attribution? Do they need to delete certain lines within their code, or entire files? Of course, we understand that in some cases, all of a user's content may be alleged to infringe and there's nothing they could do short of deleting it all. If that's the case, please make that clear as well. From eda59e1cbc0cb7a0f2eccd5d39f383bff93d5bc9 Mon Sep 17 00:00:00 2001 From: literarytea Date: Mon, 22 Feb 2021 16:25:23 -0600 Subject: [PATCH 10/15] Update content/github/site-policy/dmca-takedown-policy.md --- content/github/site-policy/dmca-takedown-policy.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/content/github/site-policy/dmca-takedown-policy.md b/content/github/site-policy/dmca-takedown-policy.md index 53403457773b..a0e3d8552b5c 100644 --- a/content/github/site-policy/dmca-takedown-policy.md +++ b/content/github/site-policy/dmca-takedown-policy.md @@ -63,7 +63,7 @@ One of the best features of GitHub is the ability for users to "fork" one anothe GitHub *will not* automatically disable forks when disabling a parent repository. This is because forks belong to different users, may have been altered in significant ways, and may be licensed or used in a different way that is protected by the fair-use doctrine. GitHub does not conduct any independent investigation into forks. We expect copyright owners to conduct that investigation and, if they believe that the forks are also infringing, expressly include forks in their takedown notice. -Please note, for the rare occasions in which you are alleging copyright infringement in a full repository that is actively being forked, and at the time that you submitted your notice, you identified all existing forks of that repository as allegedly infringing, we would process a valid claim against all forks in that network at the time we process the notice. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories, we may consider disabling the entire network if you state in your notice that, "Based on the representative number of forks you have reviewed, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement. +Please note, for the rare occasions in which you are alleging copyright infringement in a full repository that is actively being forked, and at the time that you submitted your notice, you identified all existing forks of that repository as allegedly infringing, we would process a valid claim against all forks in that network at the time we process the notice given the likelihood that all newly created forks would contain the same content. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories, we may consider disabling the entire network if you state in your notice that, "Based on the representative number of forks you have reviewed, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement. ### C. What If I Inadvertently Missed the Window to Make Changes? From b1660942883ab1e7f48b01facff0420ded029abb Mon Sep 17 00:00:00 2001 From: Abby Vollmer Date: Tue, 23 Feb 2021 15:52:59 -0800 Subject: [PATCH 11/15] Update dmca-takedown-policy.md --- content/github/site-policy/dmca-takedown-policy.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/content/github/site-policy/dmca-takedown-policy.md b/content/github/site-policy/dmca-takedown-policy.md index a0e3d8552b5c..b0112e684dec 100644 --- a/content/github/site-policy/dmca-takedown-policy.md +++ b/content/github/site-policy/dmca-takedown-policy.md @@ -63,7 +63,7 @@ One of the best features of GitHub is the ability for users to "fork" one anothe GitHub *will not* automatically disable forks when disabling a parent repository. This is because forks belong to different users, may have been altered in significant ways, and may be licensed or used in a different way that is protected by the fair-use doctrine. GitHub does not conduct any independent investigation into forks. We expect copyright owners to conduct that investigation and, if they believe that the forks are also infringing, expressly include forks in their takedown notice. -Please note, for the rare occasions in which you are alleging copyright infringement in a full repository that is actively being forked, and at the time that you submitted your notice, you identified all existing forks of that repository as allegedly infringing, we would process a valid claim against all forks in that network at the time we process the notice given the likelihood that all newly created forks would contain the same content. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories, we may consider disabling the entire network if you state in your notice that, "Based on the representative number of forks you have reviewed, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement. +In rare cases, you may be alleging copyright infringement in a full repository that is actively being forked. If, at the time that you submitted your notice, you identified all existing forks of that repository as allegedly infringing, we would process a valid claim against all forks in that network at the time we process the notice. We would do this given the likelihood that all newly created forks would contain the same content. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories, we may consider disabling the entire network if you state in your notice that, "Based on the representative number of forks you have reviewed, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement. ### C. What If I Inadvertently Missed the Window to Make Changes? From ff107d49f78a9e88c1297185908f490a97f4dae7 Mon Sep 17 00:00:00 2001 From: Abby Vollmer Date: Tue, 23 Feb 2021 15:56:04 -0800 Subject: [PATCH 12/15] Update guide-to-submitting-a-dmca-takedown-notice.md --- .../site-policy/guide-to-submitting-a-dmca-takedown-notice.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md b/content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md index a1dc87d329db..ec35daf93e06 100644 --- a/content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md +++ b/content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md @@ -54,7 +54,7 @@ GitHub exercises little discretion in the process other than determining whether 2. **Identify the copyrighted work you believe has been infringed.** This information is important because it helps the affected user evaluate your claim and give them the ability to compare your work to theirs. The specificity of your identification will depend on the nature of the work you believe has been infringed. If you have published your work, you might be able to just link back to a web page where it lives. If it is proprietary and not published, you might describe it and explain that it is proprietary. If you have registered it with the Copyright Office, you should include the registration number. If you are alleging that the hosted content is a direct, literal copy of your work, you can also just explain that fact. 3. **Identify the material that you allege is infringing the copyrighted work listed in item #2, above.** It is important to be as specific as possible in your identification. This identification needs to be reasonably sufficient to permit GitHub to locate the material. At a minimum, this means that you should include the URL to the material allegedly infringing your copyright. If you allege that less than a whole repository infringes, identify the specific file(s) or line numbers within a file that you allege infringe. If you allege that all of the content at a URL infringes, please be explicit about that as well. - - Please note that GitHub will *not* automatically disable [forks](/articles/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork) when disabling a parent repository. If you have investigated and analyzed the forks of a repository and believe that they are also infringing, please explicitly identify each allegedly infringing fork. Please also confirm that you have investigated each individual case and that your sworn statements apply to each identified fork. For the rare occasions in which you are alleging copyright infringement in a full repository that is actively being forked, and at the time that you submitted your notice, you identified all existing forks of that repository as allegedly infringing, we would process a valid claim against all forks in that network at the time we process the notice. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories and thus would be difficult to review in its entirety, we may consider disabling the entire network if you state in your notice that, "Based on the representative number of forks you have reviewed, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement. + - Please note that GitHub will *not* automatically disable [forks](/articles/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork) when disabling a parent repository. If you have investigated and analyzed the forks of a repository and believe that they are also infringing, please explicitly identify each allegedly infringing fork. Please also confirm that you have investigated each individual case and that your sworn statements apply to each identified fork. In rare cases, you may be alleging copyright infringement in a full repository that is actively being forked. If, at the time that you submitted your notice, you identified all existing forks of that repository as allegedly infringing, we would process a valid claim against all forks in that network at the time we process the notice. We would do this given the likelihood that all newly created forks would contain the same content. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories and thus would be difficult to review in its entirety, we may consider disabling the entire network if you state in your notice that, "Based on the representative number of forks you have reviewed, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement. 4. **Explain what the affected user would need to do in order to remedy the infringement.** Again, specificity is important. When we pass your complaint along to the user, this will tell them what they need to do in order to avoid having the rest of their content disabled. Does the user just need to add a statement of attribution? Do they need to delete certain lines within their code, or entire files? Of course, we understand that in some cases, all of a user's content may be alleged to infringe and there's nothing they could do short of deleting it all. If that's the case, please make that clear as well. From 4faf330568a80a3ff128fcd938dea5f0b3ee9133 Mon Sep 17 00:00:00 2001 From: Abby Vollmer Date: Tue, 23 Feb 2021 15:56:45 -0800 Subject: [PATCH 13/15] Update dmca-takedown-policy.md --- content/github/site-policy/dmca-takedown-policy.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/content/github/site-policy/dmca-takedown-policy.md b/content/github/site-policy/dmca-takedown-policy.md index b0112e684dec..2becd17cf5a5 100644 --- a/content/github/site-policy/dmca-takedown-policy.md +++ b/content/github/site-policy/dmca-takedown-policy.md @@ -63,7 +63,7 @@ One of the best features of GitHub is the ability for users to "fork" one anothe GitHub *will not* automatically disable forks when disabling a parent repository. This is because forks belong to different users, may have been altered in significant ways, and may be licensed or used in a different way that is protected by the fair-use doctrine. GitHub does not conduct any independent investigation into forks. We expect copyright owners to conduct that investigation and, if they believe that the forks are also infringing, expressly include forks in their takedown notice. -In rare cases, you may be alleging copyright infringement in a full repository that is actively being forked. If, at the time that you submitted your notice, you identified all existing forks of that repository as allegedly infringing, we would process a valid claim against all forks in that network at the time we process the notice. We would do this given the likelihood that all newly created forks would contain the same content. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories, we may consider disabling the entire network if you state in your notice that, "Based on the representative number of forks you have reviewed, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement. +In rare cases, you may be alleging copyright infringement in a full repository that is actively being forked. If, at the time that you submitted your notice, you identified all existing forks of that repository as allegedly infringing, we would process a valid claim against all forks in that network at the time we process the notice. We would do this given the likelihood that all newly created forks would contain the same content. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories and thus would be difficult to review in its entirety, we may consider disabling the entire network if you state in your notice that, "Based on the representative number of forks you have reviewed, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement. ### C. What If I Inadvertently Missed the Window to Make Changes? From 1a109831f25d78092e727ef29698db7c2260a438 Mon Sep 17 00:00:00 2001 From: Abby Vollmer Date: Wed, 24 Feb 2021 16:07:06 -0800 Subject: [PATCH 14/15] Update content/github/site-policy/dmca-takedown-policy.md Co-authored-by: Kathy Korevec --- content/github/site-policy/dmca-takedown-policy.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/content/github/site-policy/dmca-takedown-policy.md b/content/github/site-policy/dmca-takedown-policy.md index 2becd17cf5a5..c73627ff5d81 100644 --- a/content/github/site-policy/dmca-takedown-policy.md +++ b/content/github/site-policy/dmca-takedown-policy.md @@ -63,7 +63,7 @@ One of the best features of GitHub is the ability for users to "fork" one anothe GitHub *will not* automatically disable forks when disabling a parent repository. This is because forks belong to different users, may have been altered in significant ways, and may be licensed or used in a different way that is protected by the fair-use doctrine. GitHub does not conduct any independent investigation into forks. We expect copyright owners to conduct that investigation and, if they believe that the forks are also infringing, expressly include forks in their takedown notice. -In rare cases, you may be alleging copyright infringement in a full repository that is actively being forked. If, at the time that you submitted your notice, you identified all existing forks of that repository as allegedly infringing, we would process a valid claim against all forks in that network at the time we process the notice. We would do this given the likelihood that all newly created forks would contain the same content. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories and thus would be difficult to review in its entirety, we may consider disabling the entire network if you state in your notice that, "Based on the representative number of forks you have reviewed, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement. +In rare cases, you may be alleging copyright infringement in a full repository that is actively being forked. If at the time that you submitted your notice, you identified all existing forks of that repository as allegedly infringing, we would process a valid claim against all forks in that network at the time we process the notice. We would do this given the likelihood that all newly created forks would contain the same content. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories and thus would be difficult to review in its entirety, we may consider disabling the entire network if you state in your notice that, "Based on the representative number of forks you have reviewed, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement. ### C. What If I Inadvertently Missed the Window to Make Changes? From e49965bdf6c44e7943ecf86513cdfe039257fdf7 Mon Sep 17 00:00:00 2001 From: Abby Vollmer Date: Wed, 24 Feb 2021 16:09:32 -0800 Subject: [PATCH 15/15] Update content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md Co-authored-by: Kathy Korevec --- .../site-policy/guide-to-submitting-a-dmca-takedown-notice.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md b/content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md index ec35daf93e06..78989d611256 100644 --- a/content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md +++ b/content/github/site-policy/guide-to-submitting-a-dmca-takedown-notice.md @@ -54,7 +54,7 @@ GitHub exercises little discretion in the process other than determining whether 2. **Identify the copyrighted work you believe has been infringed.** This information is important because it helps the affected user evaluate your claim and give them the ability to compare your work to theirs. The specificity of your identification will depend on the nature of the work you believe has been infringed. If you have published your work, you might be able to just link back to a web page where it lives. If it is proprietary and not published, you might describe it and explain that it is proprietary. If you have registered it with the Copyright Office, you should include the registration number. If you are alleging that the hosted content is a direct, literal copy of your work, you can also just explain that fact. 3. **Identify the material that you allege is infringing the copyrighted work listed in item #2, above.** It is important to be as specific as possible in your identification. This identification needs to be reasonably sufficient to permit GitHub to locate the material. At a minimum, this means that you should include the URL to the material allegedly infringing your copyright. If you allege that less than a whole repository infringes, identify the specific file(s) or line numbers within a file that you allege infringe. If you allege that all of the content at a URL infringes, please be explicit about that as well. - - Please note that GitHub will *not* automatically disable [forks](/articles/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork) when disabling a parent repository. If you have investigated and analyzed the forks of a repository and believe that they are also infringing, please explicitly identify each allegedly infringing fork. Please also confirm that you have investigated each individual case and that your sworn statements apply to each identified fork. In rare cases, you may be alleging copyright infringement in a full repository that is actively being forked. If, at the time that you submitted your notice, you identified all existing forks of that repository as allegedly infringing, we would process a valid claim against all forks in that network at the time we process the notice. We would do this given the likelihood that all newly created forks would contain the same content. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories and thus would be difficult to review in its entirety, we may consider disabling the entire network if you state in your notice that, "Based on the representative number of forks you have reviewed, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement. + - Please note that GitHub will *not* automatically disable [forks](/articles/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork) when disabling a parent repository. If you have investigated and analyzed the forks of a repository and believe that they are also infringing, please explicitly identify each allegedly infringing fork. Please also confirm that you have investigated each individual case and that your sworn statements apply to each identified fork. In rare cases, you may be alleging copyright infringement in a full repository that is actively being forked. If at the time that you submitted your notice, you identified all existing forks of that repository as allegedly infringing, we would process a valid claim against all forks in that network at the time we process the notice. We would do this given the likelihood that all newly created forks would contain the same content. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories and thus would be difficult to review in its entirety, we may consider disabling the entire network if you state in your notice that, "Based on the representative number of forks you have reviewed, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement. 4. **Explain what the affected user would need to do in order to remedy the infringement.** Again, specificity is important. When we pass your complaint along to the user, this will tell them what they need to do in order to avoid having the rest of their content disabled. Does the user just need to add a statement of attribution? Do they need to delete certain lines within their code, or entire files? Of course, we understand that in some cases, all of a user's content may be alleged to infringe and there's nothing they could do short of deleting it all. If that's the case, please make that clear as well.