6.7 KiB
Before disabling any content in relation to this takedown notice, GitHub
- contacted the owners of the affected repositories to give them an opportunity to make changes.
- provided information on how to submit a DMCA Counter Notice.
To learn about when and why GitHub may process some notices this way, please visit our README.
Note: Because the reported networks that contained the allegedly infringing content were larger than one hundred (100) repositories, and the submitter alleged that all or most of the forks were infringing to the same extent as the parent repository, GitHub processed the takedown notice against the entire network of 3879 repositories, inclusive of the parent repository.
Are you the copyright holder or authorized to act on the copyright owner's behalf?
I submit this notice as an [private] of NM/A. The NM/A represents over 2,200 news, magazine, and digital media publishers in the United States and internationally on all matters affecting the publishers’ ability to provide essential services to their communities. N/MA’s members publish copyrighted content on websites protected by paywalls which the technology identified below circumvents. NM/A submits this notice to further the interest of its members and to inform GitHub that the identified technology violates Section 1201 of the Digital Millennium Copyright Act (DMCA), which prohibits circumvention technology. N/MA does not submit this notice under Section 512 of the DMCA which governs takedown notices for material that infringes upon a copyright.
Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?
At the request of GitHub, this notice supplements letters I previously emailed to GitHub (included in this email as attachments and pasted below), which like this notice, were not takedown notices under Section 512 of the DMCA.
Please provide the Zendesk ticket number of your previously submitted notice. Zendesk ticket numbers are 7 digit ID numbers located in the subject line or body of your confirmation email.
2712839
Does your claim involve content on GitHub or npm.js
GitHub
Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.
See above in response to your first question.
Please provide a detailed description of the original copyrighted work that has allegedly been infringed. If possible, include a URL to where it is posted online.
n/a
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
The unlawful products (which are repositories) are titled “bypass-paywalls-chrome,” “bypass-paywalls-firefox,” “bpc_updates,” and “bypass-paywalls-clean-filters,” and are offered at https://github.com/iamadamdev/bypass-paywalls-chrome, https://github.com/iamadamdev/bypass-paywalls-firefox/tree/master, https://github.com/bpc-clone/bpc_updates, and https://github.com/bpc-clone/bypass-paywalls-clean-filters, respectively.
There are thousands of forks affiliated with these repositories. Based on the representative number of forks we have reviewed, we believe that all or most of the forks constitute unlawful circumvention technology to the same extent as these parent repositories.
Do you claim to have any technological measures in place to control access to your copyrighted content? Please see our Complaints about Anti-Circumvention Technology if you are unsure.
Yes, for NM/A members.
What technological measures do you have in place and how do they effectively control access to your copyrighted material?
The precise paywall technology deployed by N/MA members differs from member to member, and from site to site, with some using [private] and others using hard paywalls (where content is not available until such authentication). Regardless, N/MA members deploy password-protected sign-in technology to allow subscriber-only access to its protected content, either for all content or after a user has accessed a certain number of articles. These password requirements clearly suffice as technological protection measures within the meaning of the DMCA. See, e.g., [private]. Our member’s paywalls qualify as “technological measure[s]” under the statute because they “require[] the application of information…to gain access to the [paywalled] work[s].” 17 U.S.C. § 1201(a)(3)(B)
How is the accused project designed to circumvent your technological protection measures?
The identified Bypass Paywalls technology circumvents NM/A’s members’ paywalls in one of two ways. [private]
For hard paywalls, it is our understanding that the identified Bypass Paywalls technology automatically scans web archives for a crawled version of the protected content and displays that content.
The “Bypass Paywalls” technologies that GitHub, Inc. offers on its site are unlawful anti-circumvention technologies under the DMCA. See 17 U.S.C. § 1201(a)(1). As the DMCA makes clear, any technology or product designed to “circumvent a technological measure that effectively controls access to a [copyrighted] work” is a prohibited anti-circumvention tool. Id. The “Bypass Paywalls” technology, by its own terms, is a technology created to “bypass” our members’ paywalls. The technology, moreover, falls within the precise category of technologies that motivated the enactment of anti-circumvention provisions in the first place—it is the [private].
Have you searched for any forks of the allegedly infringing files or repositories? Each fork is a distinct repository and must be identified separately if you believe it is infringing and wish to have it taken down.
Yes. There are thousands of forks affiliated with these repositories. Based on the representative number of forks we have reviewed, we believe that all or most of the forks constitute unlawful circumvention technology to the same extent as these parent repositories.
Is the work licensed under an open source license?
n/a
What would be the best solution for the alleged infringement?
Reported content must be removed
Do you have the alleged infringer’s contact information? If so, please provide it.
As set forth above, NM/A is not identifying an alleged infringer. NM/A does not have contact information for the person or entity that posted the challenged technology.
[private]
[private]
News / Media Alliance
[private]