Dealing with DMCA issues in Tracker

Brad Smith brads at redhat.com
Mon Mar 29 02:13:46 UTC 2004


> Yes, but Ghandi wasn't a publicly traded corporation with headquarters 
> in Raleigh, NC.

Agreed. However, two things occur to me:


1) There is currently an explicit non-relationship between Tracker and
Red Hat. It's my personal project that I'm doing in my spare time.

2) I believe that under the DMCA any complaint would have to begin with
a formal request for offensive links to be taken down and an opportunity
given to comply. Someone please correct me if that's in error. If this
is so, then at least there's no chance of someone coming along and
saying "You linked to mplayer. Now give us money or get taken to court".
Nonetheless, it follows from 2 that as long as Tracker is hosted in the
US we will at least need a contingency plan in case such a
request-for-removal arrives. Removing download links from livna is one
thing. It's annoying, but then so is the DMCA. Removing download links
from all packages in all third-party repositories is another and would
defeat the point of Tracker's being there to some extent. 

So I'm beginning to lean toward hosting Tracker outside of the US as the
better solution. I've received email from someone in the UK who has
access to a machine, but there are some technical issues he and I will
have to sort out before it's viable. 

In any case I think that's what I'm going to pursue, at least as a
contingency plan, unless someone can come up with a better idea.

--Brad





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