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From "Ted Dunning (JIRA)" <j...@apache.org>
Subject [jira] [Commented] (LEGAL-164) DMCA Safe Harbor Policy
Date Sun, 16 Feb 2014 00:54:19 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-164?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13902600#comment-13902600

Ted Dunning commented on LEGAL-164:


As I read it (and I was one of the architects of the DMCA policy at Veoh which passed stringent
court review with flying colors, but am not a lawyer), the ASF itself produces nearly nothing.
 It certainly does not produce releases which consist entirely of user generated code.

What the DMCA requires for safe harbor is very clearly spelled out in the statute, but operationally
what it means is that

a) the ASF has to have a clearly designated way to provide take-down notices

b) that the ASF has procedures in place to respond to take-down notices very quickly by taking
down material that is subject to a take-down notice

c) that the ASF actually follows the procedures in (b)

d) that reasonable care be exercised to not allow infringing content to be posted.  This usually
means that technical measures be implemented to automatically detect common infringements
(not much applicable here since we don't have music or videos) and that the owners of the
site take down material which they reasonably know is infringing. 

Most user generated content sites (UGC) like Youtube or Veoh have the additional nuance that
the rate at which content is added is so high that it is incredibly hard to know what is being
posted even with automated checking.

There is the gray area in that the division between the ASF and the originators of the content
is not as sharp as with other sites, but that probably isn't the core issue if (a) through
(d) are covered well.

> DMCA Safe Harbor Policy
> -----------------------
>                 Key: LEGAL-164
>                 URL: https://issues.apache.org/jira/browse/LEGAL-164
>             Project: Legal Discuss
>          Issue Type: Task
>            Reporter: Kevan Miller
> It seems it would be wise for the ASF to adopt a DMCA Safe Harbor Policy. 
> https://www.softwarefreedom.org/blog/2013/apr/02/safe-harbor-compliance/ provides a good
discussion of the subject.

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