@dredmorbius@zens@merveilles.town Incorrect. Safe-harbour provisions (512), which do not apply in this action (1201), would be lost in the specific action.
Q: Does a service provider have to follow the safe harbor procedures?
A: No. An ISP may choose not to follow the DMCA takedown process, and do without the safe harbor. If it would not be liable under pre-DMCA copyright law (for example, because it is not contributorily or vicariously liable, or because there is no underlying copyright infringement), it can still raise those same defenses if it is sued.
@dredmorbius @zens [merveilles.town]
This is an interesting distinction I'm not super familiar with.
It still seems to me github has nothing to gain by resisting, whether it's a technically legal stance they can take or not.
Microsoft does not benefit from taking a stand here. Companies only care about ethics when it helps them. This is exactly what anyone looking at history should expect.
@dredmorbius@toot.cat@polyphonic Microsoft claim to have staked their future on Free Software.
How believable this is can be argued, of course.
The company paid $7.4 billion for GitHub in 2018, a $5.4 billion premium over the service's 2015 valuation.
https://www.theverge.com/2018/10/26/17954714/microsoft-github-deal-acquisition-complete
https://fortune.com/2015/07/29/github-raises-250-million-in-new-funding-now-valued-at-2-billion/
@zens@merveilles.town