Here you can find the complete DMCA takedown notice and here you can find my gitorious mirror of the removed repositories.
I choose gitorious since it's in Norway where the DMCA is not valid.
UPDATE 2011/02/02
Sony sent a notice to Gitorious too and they removed my Gitorious repositories with the following email:
Greetings,We're writing you to inform you that we have been forced to removeyour Gitorious repositories containing PS3 related code. We received aDMCA takedown notice from Sony this morning, and Norwegian lawcommands us to respond to such a notice by removing potentiallyinfringing content until it's legality can be fully clarified.If you can provide Gitorious with irrefutable evidence that this codeis not violating neither Sony's copyrights/patents nor Norwegian law,you are welcome to keep hosting the affected repositories with us.
UPDATE 2011/02/03
Gitorious accepted back my legal repositories and they sent a reply to Sony as you can read on their blog.
"Live long and prosper to legal hacking"
That is total bullshit, at least if this concerns the keys. Such data does not have any protection what so ever from the norwegian copyright law.
ReplyDeleteAlso "Norwegian law commands us to respond to such a notice by removing potentially infringing content until it's legality can be fully clarified." is simply not correct. It is not mandated to do no such thing - you are only forced to remove content that IS illegal. Yes, you face a harsher penalty for not removing it IF you should have realized it is illegal, but not if it by a fair persons judgement seemed to be legit.
They're just covering their ass instead of standing up for their users. They should have let SCEA go to court to get a court order before removing anything. At least they shouldn't lie to you.
Especially funny that Sony was in clear violation of Norways Customer protection laws (forbrukerkjøpsloven) when it removed OtherOS, you think they'd want to avoid too much legal attention in their direction over here.
That was me above.
ReplyDeleteAnyway, I realized you mirrored a lot more than the keys, if I remember correctly. Sadly, it is not allowed to distribute software designed to bypass security set in place to protect copyrighted material, Which means that any code in your mirrored repos related to backup managers, is surely not allowed.
You can argue that tools to remove signing checks is not designed for piracy, but for installing free open source software. However, I'm guessing it's quite difficult to sort of exactly what part of your reps does what, especially as some of it is aimed at piracy-aimed lvl2 exploits.
If the problem is only the lv2patcher repository I will only remove it :)
ReplyDeleteWell, it's hard to say. The DMCA notice doesnæt really say anything about what's not legal about it (in Norway), and so Gitorious should never have taken down anything. Asking you to prove it is legal when they don't even say what is supposedly illegal is utterly hopeless.
ReplyDeleteSo drizzt where do you developers plan to host the cod now? It seems all of the alternatives don't have the spine to resist the US. I received a DMCA on both my site and github the last two days but I don't have the money to fight or dispute it. So I'm in a bind. Will you update us when you find a good location for all of your projects?
ReplyDeleteThis shit is getting ridiculous.