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It is a valid DMCA notice, but not for that reason. The repo contained Google copyrighted code.



It’s both:

> It is our belief that the repo as a whole represents a circumvention tool in violation of 1201 and therefore needs to be removed.

> Additionally, the Git repo contains several files that violate Google’s copyrights:

> <a bunch of files>

> In addition to this request, we have filed a separate Sensitive Data takedown request of this file: /widevine-l3-decryptor as it contains the secret Widevine RSA private key, which was extracted from the Widevine CDM and can be used in other circumvention technologies.


> > It is our belief that the repo as a whole represents a circumvention tool in violation of 1201 and therefore needs to be removed.

That bit is probably irrelevant to the DMCA takedown procedure, which only applies to "material that is claimed to be infringing or to be the subject of infringing activity". I don't think there's much clear precedent to what "be the subject of infringing activity" means, but decryption tools that don't use stolen code definitely don't qualify as "material that is claimed to be infringing".

And if Google does want to claim that the circumvention tool is infringing a Google copyright rather than merely running afoul of an unrelated provision of the DMCA, then Google has to specifically identify their own work of decryption code that the circumvention tool is ripping off. All this notice specifically identifies in the way of actual infringement are two documentation PDFs and an API header file (and we all know where Google stands on API copyright).


> It is our belief that the repo as a whole represents a circumvention tool in violation of 1201 and therefore needs to be removed.

"Their belief" is meaningless, to get a circumvention tool removed they need a court order.


Or a polite request to github, apparently, which seems to work too.

I don't feel as bad about it here as about youtube-dl. I disagree, mind you -- I'd like github to act as a neutral service provider -- but this one is a place where I can see why githu might hold a different opinion. It's an ideological split like abortion, gun control, or similar, where reasonable people can violently disagree.

The whole "Sensitive Data takedown request" is also a github thing, but this one is a written policy:

https://docs.github.com/en/free-pro-team@latest/github/site-...

It has nothing to do with the DMCA.


It contained a private key!




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