Skip to content

Commit

Permalink
Record new changes of GitHub Copyright Claims Policy
Browse files Browse the repository at this point in the history
This version was recorded after extracting from snapshot OpenTermsArchive/demo-snapshots@be94291
  • Loading branch information
OTA-Bot committed Sep 6, 2024
1 parent 29e7f22 commit 649a3c1
Showing 1 changed file with 2 additions and 2 deletions.
4 changes: 2 additions & 2 deletions GitHub/Copyright Claims Policy.md
Original file line number Diff line number Diff line change
Expand Up @@ -37,7 +37,7 @@ Here are the basic steps in the process.

> **Example:** An employee of Acme Web Company finds some of the company's code in a GitHub repository. Acme Web Company licenses its source code out to several trusted partners. Before sending in a take-down notice, Acme should review those licenses and its agreements to confirm that the code on GitHub is not authorized under any of them.
2. **Copyright Owner Sends A Notice.** After conducting an investigation, a copyright owner prepares and sends a [takedown notice](https://docs.github.com/en/site-policy/content-removal-policies/guide-to-submitting-a-dmca-takedown-notice) to GitHub. Assuming the takedown notice is sufficiently detailed according to the statutory requirements (as explained in the [how-to guide](https://docs.github.com/en/site-policy/content-removal-policies/guide-to-submitting-a-dmca-takedown-notice)), we will [post the notice](#d-transparency) to our [public repository](https://github.com/github/dmca) and pass the link along to the affected user.
2. **Copyright Owner Sends A Notice.** After conducting an investigation, a copyright owner prepares and sends a [takedown notice](https://docs.github.com/en/site-policy/content-removal-policies/guide-to-submitting-a-dmca-takedown-notice) to GitHub. Assuming the takedown notice is sufficiently detailed according to the statutory requirements (as explained in the [how-to guide](https://docs.github.com/en/site-policy/content-removal-policies/guide-to-submitting-a-dmca-takedown-notice)), we will [post the notice](#e-transparency) to our [public repository](https://github.com/github/dmca) and pass the link along to the affected user.

3. **GitHub Asks User to Make Changes.** If the notice alleges that the entire contents of a repository infringe, or a package infringes, we will skip to Step 6 and disable the entire repository or package expeditiously. Otherwise, because GitHub cannot disable access to specific files within a repository, we will contact the user who created the repository and give them approximately 1 business day to delete or modify the content specified in the notice. We'll notify the copyright owner if and when we give the user a chance to make changes. Because packages are immutable, if only part of a package is infringing, GitHub would need to disable the entire package, but we permit reinstatement once the infringing portion is removed.

Expand All @@ -47,7 +47,7 @@ Here are the basic steps in the process.

6. **GitHub May Disable Access to the Content.** GitHub will disable a user's content if: (i) the copyright owner has alleged copyright over the user's entire repository or package (as noted in Step 3); (ii) the user has not made any changes after being given an opportunity to do so (as noted in Step 4); or (iii) the copyright owner has renewed their takedown notice after the user had a chance to make changes. If the copyright owner chooses instead to _revise_ the notice, we will go back to Step 2 and repeat the process as if the revised notice were a new notice.

7. **User May Send A Counter Notice.** We encourage users who have had content disabled to consult with a lawyer about their options. If a user believes that their content was disabled as a result of a mistake or misidentification, they may send us a [counter notice](https://docs.github.com/en/site-policy/content-removal-policies/guide-to-submitting-a-dmca-counter-notice). As with the original notice, we will make sure that the counter notice is sufficiently detailed (as explained in the [how-to guide](https://docs.github.com/en/site-policy/content-removal-policies/guide-to-submitting-a-dmca-counter-notice)). If it is, we will [post it](#d-transparency) to our [public repository](https://github.com/github/dmca) and pass the notice back to the copyright owner by sending them the link.
7. **User May Send A Counter Notice.** We encourage users who have had content disabled to consult with a lawyer about their options. If a user believes that their content was disabled as a result of a mistake or misidentification, they may send us a [counter notice](https://docs.github.com/en/site-policy/content-removal-policies/guide-to-submitting-a-dmca-counter-notice). As with the original notice, we will make sure that the counter notice is sufficiently detailed (as explained in the [how-to guide](https://docs.github.com/en/site-policy/content-removal-policies/guide-to-submitting-a-dmca-counter-notice)). If it is, we will [post it](#e-transparency) to our [public repository](https://github.com/github/dmca) and pass the notice back to the copyright owner by sending them the link.

8. **Copyright Owner May File a Legal Action.** If a copyright owner wishes to keep the content disabled after receiving a counter notice, they will need to initiate a legal action seeking a court order to restrain the user from engaging in infringing activity relating to the content on GitHub. In other words, you might get sued. If the copyright owner does not give GitHub notice within 10-14 days, by sending a copy of a valid legal complaint filed in a court of competent jurisdiction, GitHub will re-enable the disabled content.

Expand Down

0 comments on commit 649a3c1

Please sign in to comment.