> Specifically, at the URL, the Repository hosts and offers for download the Project, which, when downloaded, provides the downloader everything necessary to launch and host a “clone” infringing website identical to Nyaa.si (and, thus, engage in massive infringement of copyrighted motion pictures and television shows).
This is not a generic BitTorrent tracker. This is source code for duplicating the nyaa.si website (which in the github source code, they state is "A BitTorrent community focused on Eastern Asian media including anime, manga, music, and more" [1]).
I think it would be a stretch to say you are interested in this source code so you could then rip out large pieces of it to host your Linux ISO's on...
I agree that some DMCA crosses the line. But in this case, I don't see a legitimate use for this source code other than enabling copyright infringement.
It's a torrent index with search, categories, user management and so on. I don't see how I can't use this for hosting Linux ISOs by just renaming the categories.
You could use it, but would it be the most natural thing for you? Or are there better tools for that task? The nyaa source code includes features and organization specifically for the anime/manga scene.
For example, there is torrent classification to detect whether the torrent contains an entire series, which subtitles it contains, whether it is a reencode/remux/scene release, etc [1]. Would that be useful for you to host legitimate content (which typically is not reencoded/remuxed/fansubbed)?
I am all for criticizing the chilling effects if the DMCA was targeting the DMCA protocol in any way. But in this case, it is targeting the source code for a CLEARLY illegal website (illegal, in this case, based on the jurisdiction in which github operates and is bound to)
> Specifically, at the URL, the Repository hosts and offers for download the Project, which, when downloaded, provides the downloader everything necessary to launch and host a “clone” infringing website identical to Nyaa.si (and, thus, engage in massive infringement of copyrighted motion pictures and television shows).
This is not a generic BitTorrent tracker. This is source code for duplicating the nyaa.si website (which in the github source code, they state is "A BitTorrent community focused on Eastern Asian media including anime, manga, music, and more" [1]).
I think it would be a stretch to say you are interested in this source code so you could then rip out large pieces of it to host your Linux ISO's on...
I agree that some DMCA crosses the line. But in this case, I don't see a legitimate use for this source code other than enabling copyright infringement.
[1] https://github.com/seco/nyaa-1/blob/master/nyaa/templates/ho...