We reported last week, that Sony had issued Digital Millenium Copyright Act (DMCA) notices to several websites, which were hosting PS3 scene developer's projects. The main site issued DMCA notices was gitHub, a site commonly used by programmers, to host code for various programming projects. Most PS3 scene developers work was removed from gitHub, so they moved their projects to a competing site called Gitorious.
Well, it seems Sony also took notice, spotting that devs were moving their projects over to Gitorious. Sony recently issued Gitorious DMCA notices, stating to take down these dev's projects. However, here's the twist, Gitorious isn't blindly complying, unlike other sites which have. Gitorious temporarily removed the initial content in question, but notified Sony that they would not comply with further requests, unless issued Norwegian court orders.
It will be interesting to see how this pans out between Sony and Gitorious. Sony may choose not to pursue the site any further, instead focusing on other sites, ones which may give in easier.
Gitorious's Official Statement:
It will be interesting to see how this pans out between Sony and Gitorious. Sony may choose not to pursue the site any further, instead focusing on other sites, ones which may give in easier.
Gitorious's Official Statement:
An update on the Sony DMCA issue
We have just sent an email to Sony’s legal attournes in reply to their DMCA takedown notice sent to us yesterday:Re: Demand for removal of claimed copyright infringing content from Gitorious.org
This is in reply to your notification of United States Copyright Law Violations at Listed URLs, dated February 1st 2011. As we confirmed via email yesterday, the content was taken down from gitorious.org yesterday at 3.18PM CET.
Your claim made reference to US law, which is not applicable in Norway. When removing the content from our server placed in Norway, we did so to avoid being in violation with Norwegian law, to the degree that Norwegian and US copyright law is compatible.
However, it is unreasonable, and in conflict with basic legal principles, to assume someone as guilty until proven innocent. Allowing any third party to demand the removal of content on gitorious.org based on unproven claims of copyright infringement would assume any gitorious.org user would need to prove his innoncence under Norwegian law. This is unacceptable to us.
Our Infringement Notice Policy (http://en.gitorious.org/infringement_policy/) requires any Infringement Notice to include:
- An identification of the intellectual property right claimed to have been infringed
Since your letter of yesterday contained no reference to Norwegian law we kindly ask that you prove that the content is in fact in violation of Norwegian law. We will not act on further Infringement Notices related to this content until SCEA provides a Norwegian court order that deems the content in question as being in violation of Norwegian law.
Gitorious wants to make it absolutely clear that we have no agenda relating to the repositories in question. Our initial response to this notice was motivated by the fact that Gitorious could possibly be held accountable for not responding should this content be deemed illegal (with reference to “Ehandelsloven” §18). We object deeply to any violation of the basic legal principle of being innocent until proven guilty. This is why we have passed the ball back to Sony.This is in reply to your notification of United States Copyright Law Violations at Listed URLs, dated February 1st 2011. As we confirmed via email yesterday, the content was taken down from gitorious.org yesterday at 3.18PM CET.
Your claim made reference to US law, which is not applicable in Norway. When removing the content from our server placed in Norway, we did so to avoid being in violation with Norwegian law, to the degree that Norwegian and US copyright law is compatible.
However, it is unreasonable, and in conflict with basic legal principles, to assume someone as guilty until proven innocent. Allowing any third party to demand the removal of content on gitorious.org based on unproven claims of copyright infringement would assume any gitorious.org user would need to prove his innoncence under Norwegian law. This is unacceptable to us.
Our Infringement Notice Policy (http://en.gitorious.org/infringement_policy/) requires any Infringement Notice to include:
- An identification of the intellectual property right claimed to have been infringed
Since your letter of yesterday contained no reference to Norwegian law we kindly ask that you prove that the content is in fact in violation of Norwegian law. We will not act on further Infringement Notices related to this content until SCEA provides a Norwegian court order that deems the content in question as being in violation of Norwegian law.
We hope you understand that it is not in Gitorious’, or the majority of its users’, best interest to pick this fight. We don’t have the resources nor necessary domain knowledge to assess the legality of all of our projects, which is why we have terms of service that state that users carry this responsibility.
Thanks cloud for the news tip
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