WTF? Originally shared by Andreas Kahler I got a DMCA takedown notice from Makerbot/thingiverse

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discussion
(Nils Hitze) #1

WTF?

Originally shared by Andreas Kahler

I got a DMCA takedown notice from Makerbot/thingiverse for this: http://www.thingiverse.com/derivative:52654
How can a photo (which I took myself) of a 3D print violate someone’s copyright? I’m not a lawyer, but wouldn’t a photo of, let’s say an action figure be the same thing? Am I not allow to publish that?
Interestingly, the page is still online.

(Stephen Baird) #2

I’d guess it’s a blanket kind of thing starting with the claim that the design violates copyright so all derivative prints from it also do. It seems a little odd… But because none of the anti-abuse portions of the DMCA ever get used the thing is zero risk and throwing a wide net is the norm.

(Matt Hale) #3

You titled it ‘Tin Tin’. That’s an internationally recognised brand and trademark. Also it’s intellectual property. Just rename it and create a new thingy of a hand flipping them off. Name that one “Not Tin Tin’s Rocket”.

(William Brine) #4

Maybe Sn Sn Rocket

(Matt Hale) #5

I don’t get it.

(Martin Ngo) #6

element symbol of tin is Sn

(Rene K. Mueller) #7

http://www.thingiverse.com/thing:746 This Thing is currently under moderation due to a DMCA request from Moulinsart SA
Files and images for this Thing are currently unavailable.

(ThantiK) #8

@Laird_Popkin1 you’ve got that somewhat incorrect.

It’s not just “safer”, it’s required for the site to stay protected under the provisions of the DMCA. If they don’t take it down, they can be sued along with the supposed infringer.

Also, it’s not the sites duty to pursue any kind of claim to restore the content - it’s the duty of the user who had the content claimed upon. The only duty of said user is to send a DMCA counter-notice to the site, and the site is free to reinstate said content, being 100% free and clear as well as still protected under the DMCA safe harbor provisions.