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fogWraith's picture
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Joined: 2009 Oct 23
Recent takedowns & page restorations

There has been a few pages taken down, and the very same same pages later restored.

Now, when a legal department contacts us with a cease & desist letter including a list of titles that are either still being sold / supported by its publisher or creator, there isn't much else to do than accept it for what it is and do what must be done, unless we want to end up in court and have to pay large sums of money, worst case scenario is the garden going down in its entirety.

Now, when we take pages down, we do not have to explain ourselves, nor are we obligated to present any proof of claims as these letters always come with a notice of confidentiality.

As a final note on this, if a page is taken down by someone on the staff, they are in the right to do so. If you feel that it's in the wrong, firsthand create a topic on our forums regarding the issue and keep a civil tone, or join us on IRC.

Thank you.

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MikeTomTom's picture
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Joined: 2009 Dec 7

Thanks for the post [now a "sticky"].

As for our IRC tho', I wish that it was possible for me but its not an option I can use.

Binary's picture
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Joined: 2009 Jul 18

Is there a published blacklist that we can use to avoid re-uploading the same content?

MikeTomTom's picture
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Joined: 2009 Dec 7

   a published blacklist that we can use to avoid re-uploading the same content?

The nearest we have to this is the Duplicates topic.

m68k's picture
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Joined: 2016 Dec 30

Why are takedown notices "confidential"?
Lest we are talking FBI security letters here, I can't see where the right to "keep it secret" comes from.

fogWraith's picture
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Joined: 2009 Oct 23

I guess it's some kind of legal mumbo-jumbo attached in the letters from the legal department, thankfully I have not had to read such a letter in a very long time (and hope it stays that way).

In any case, we're not obligated to present any such letters, but may do so in the future (God forbid) depending on how the situation looks. I hope that everyone understands that we will do everything in our power when it comes to keeping the Garden and its data safe (and yes, that includes the users).

m68k's picture
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Joined: 2016 Dec 30

I am the first one to say "let's avoid any legal trouble where possible".
But if the complainant doesn't himself commit an act of illegallity, then why the need for secrecy on his behalf?

fogWraith's picture
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Joined: 2009 Oct 23

I'm not very familiar with American laws, so honoring confidentiality in my world is part of good ethics. Public information in the nature of the question why followed by a reasonable answer should suffice when it comes to letters of this nature.

The letters to date have been legitimate, though there have also been the odd few where I have challenged the letters and it has gone no further. Some have been so bad (friend of a friend in contact with so and so) that they have simply been ignored.

However, in the absence of any privacy claim in said letters, I can't see the harm in publishing them in the future, if there is interest in them.

m68k's picture
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Joined: 2016 Dec 30

I don't even care about the content of the letter as such, as in the name of the complainant and the exact nature of his complaint (article still being sold/not obsolete/about to be republished/...).
I would want to know if its just a law firm trying to collect legal fees or a software developer filing a legitimate claim.