Under the red flag requirement, they got to at least check or think about how identical the fork is.
Yea, if you fork Linux and your fork just happens to use a stolen logo. Obviously there is no reason to think Linux is infringing.
But if you are forking popcorn time, that is unreasonable to assume that the fork is going to be non-infringing.
A general assumption that forks are okay is not a reasonable assumption. They'll have to look at this on a case by case basis.
This is even easier when the infringing content is a file or code. There is no excuse for not removing the infringing file from all github projects. And it is easy to check the forks for containing the alleged infringing code.
The safe harbor is not there to protect people acting in bad faith.
Yea, if you fork Linux and your fork just happens to use a stolen logo. Obviously there is no reason to think Linux is infringing.
But if you are forking popcorn time, that is unreasonable to assume that the fork is going to be non-infringing.
A general assumption that forks are okay is not a reasonable assumption. They'll have to look at this on a case by case basis.
This is even easier when the infringing content is a file or code. There is no excuse for not removing the infringing file from all github projects. And it is easy to check the forks for containing the alleged infringing code.
The safe harbor is not there to protect people acting in bad faith.