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From "Kevin A. McGrail" <kevin.mcgr...@mcgrail.com>
Subject Re: IMPORTANT: Re: Forwarded: GitHub vs. FreeYourGadget Full Story
Date Thu, 13 Jul 2017 12:22:59 GMT
Sorry for my vagueness but this is important and you went left while i went right on the topic.

My actions are pretty specific but I will bubble them up because I think the urgency is being
missed.  My note has less to do with github.  

It has to do with the fact that someone could arguably find an IP violation somewhere in our
resources  and with very little work legally shutdown the ASF's resources very rapidly that
all the pro bono attorneys can't slow down.  This slows it down and let's it go through a
process where offending material could be removed and all operations remain intact.

There is a process and protection granted under dmca called safe harbour and I believe we
fall under it.

The way to do that is what I was covering:

Register an asf agent for dmca notices so we fall under DMCA safe harbour.

Do it with urgency. 

Add the required agent notice somewhere on www.a.o.  I can send ours as a template which we
got from one of our upstream providers.

Make sure all our isps and datacenters that are in the US have the same registration.  The
copyright.gov/dmca page has very easy 6$ registration and a way to search old paper filings
and new electronic filings.

Hope this helps explain things better 
Regards,
KAM

On July 13, 2017 8:07:21 AM EDT, Greg Stein <gstein@gmail.com> wrote:
>We already keep copies of all GitHub activity on ASF systems, as
>mandated
>by VP Legal. The ASF is set up entirely different from GadgetBridge and
>our
>use of GitHub is ancillary compared to them. In addition, we already
>have
>pro bono lawyers ready to assist at any point.
>
>Please reduce the incredibly wide range of your To: header and minimize
>the
>subject line shouting, if there is something specific needed. It is
>also
>unwise to cross-post across private and public lists.
>
>Regards,
>Greg Stein
>Infrastructure Administrator, ASF
>
>
>On Thu, Jul 13, 2017 at 6:29 AM, Kevin A. McGrail
><kevin.mcgrail@mcgrail.com
>> wrote:
>
>> Thank you Isabel. This is an interesting issue and there are
>protections
>> against this very quick injunction process. My own firm had something
>> similar occur and I am a designated agent for the DMCA.
>>
>> I think the ASF should immediately file an agent with the dmca
>> https://www.copyright.gov/dmca-directory/ and add a dmca agent info
>to
>> www.a.o.
>>
>> It costs 6$ and I apologize I never thought about it before. Thank
>you for
>> sending this.
>>
>> I have cc'd the board and vp infra. Sam or David, I suggest we
>register
>> today and get this done.
>>
>> Going further check that all isps and datacenters we use in the US
>are
>> also in their. It adds a process and protection layer to anyone
>filing
>> complaints.
>> Regards,
>> KAM
>>
>> On July 13, 2017 4:24:09 AM EDT, Isabel Drost-Fromm
><isabel@apache.org>
>> wrote:
>>>
>>>
>>> Hi,
>>>
>>> I thought it would make sense to share the following story with the
>wider
>>> Apache community (those who shared it with me are on CC and can
>potentially
>>> provide more background should that be needed).
>>>
>>> I believe this is one of those stories that are a datapoint in
>favour of
>>> keeping all vital history of our projects (that is code, docs,
>decisions and
>>> arguments exchanged) mirrored on systems we control.
>>>
>>> On Thu, Jul 13, 2017 at 08:58:43AM +0200, Thoralf Klein wrote:
>>>
>>>>  the full story can be found here:
>>>> 
>https://blog.freeyourgadget.org/our-dmca-takedown-a-post-mortem.html
>>>>
>>>>  There were also posts on heise.de and even printed in the c't. So
>I think the german geeks already know it...
>>>>
>>>
>>>
>>> If you think it's interesting beyond dev@community feel free to
>forward my info
>>> to the appropriate channels/ lists.
>>>
>>> Looking forward to your feedback,
>>>
>>> Isabel
>>>
>>>
>>> ------------------------------
>>>
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>>>

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