Yes. Sony did again what she does better. What? Adding actual features to the PS3? Oh no…Taking legal actions. Drizztbsd (developer of Gaia Manager) ‘s ps3free repository at Gitorious was removed because of a DMCA Takedown notice from Sony. What else? Apparently Norvegian law forces Gitorious to obey to the order invite of Sony.
PS3: It just sues everyone
EDIT by Dukio: Same things happened before this on Github that involves Graf_Chokolo, Kmeaw and other developers repository. KaKaRoTo has a lengthy text to responds in Gitorious’s blog.
Here’s my answer to you :
You say “If you can provide Gitorious with irrefutable evidence that this code is not violating neither Sony’s copyrights/patents nor Norwegian law”.
We cannot refute a negative, they should be the ones to give evidence that the code is violating their copyright by pinpointing specific lines of code with specific laws. Without any details on what exactly is infringing, we have no way of refuting anything.
They should give exact projects, exact filenames and exact lines of code that are infringing, as well as the exact copyrights/laws that are being infringed. Without that information, we cannot defend ourselves, we cannot simply start guessing and mount a case to defend every single line.
For now, it all seems to be ‘we don’t like these projects, remove them and we’ll use DMCA as an excuse’.
The only proof we can give at this point is : Their entire PS3 system is closed source, there never was any leak of any of their source code, so we couldn’t have copied any of their copyrighted source. Also, we are not distributing any binaries from their system.
What else do you require ?
Marius Mathiesen of Gitorious.org’ Blog, has posted an update on the DMCA notice from Sony and the removed content of Playstation 3 computer FOSS developers. In short: it returned the removed content to its previous state and demanding proper proven claims in regard to Norwegian common law or a court order from the Courts of justice of Norway.
We have just sent an email to Sony’s legal attournes in reply to their DMCA takedown notice sent to us yesterday:
Re: Demand for removal of claimed copyright infringing content from Gitorious.org
This is in reply to your notification of United States Copyright Law Violations at Listed URLs, dated February 1st 2011. As we confirmed via email yesterday, the content was taken down from gitorious.org yesterday at 3.18PM CET.
Your claim made reference to US law, which is not applicable in Norway. When removing the content from our server placed in Norway, we did so to avoid being in violation with Norwegian law, to the degree that Norwegian and US copyright law is compatible.
However, it is unreasonable, and in conflict with basic legal principles, to assume someone as guilty until proven innocent. Allowing any third party to demand the removal of content on gitorious.org based on unproven claims of copyright infringement would assume any gitorious.org user would need to prove his innoncence under Norwegian law. This is unacceptable to us.
Our Infringement Notice Policy (http://en.gitorious.org/infringement_policy/) requires any Infringement Notice to include:
– An identification of the intellectual property right claimed to have been infringed
Since your letter of yesterday contained no reference to Norwegian law we kindly ask that you prove that the content is in fact in violation of Norwegian law. We will not act on further Infringement Notices related to this content until SCEA provides a Norwegian court order that deems the content in question as being in violation of Norwegian law.
Gitorious wants to make it absolutely clear that we have no agenda relating to the repositories in question. Our initial response to this notice was motivated by the fact that Gitorious could possibly be held accountable for not responding should this content be deemed illegal (with reference to “Ehandelsloven” §18). We object deeply to any violation of the basic legal principle of being innocent until proven guilty. This is why we have passed the ball back to Sony.
We hope you understand that it is not in Gitorious’, or the majority of its users’, best interest to pick this fight. We don’t have the resources nor necessary domain knowledge to assess the legality of all of our projects, which is why we have terms of service that state that users carry this responsibility.
An update on the Sony DMCA issue