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36 changes: 18 additions & 18 deletions Policies/acceptable-use-policies/github-acceptable-use-policies.md

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Expand Up @@ -14,7 +14,7 @@ redirect_from:
We do not tolerate harassment, bullying, or abuse of any kind, whether directly or by encouraging others to take part in the prohibited conduct. This includes:

- Targeted personal attacks
- Piling on to or orchestrating [disruptive](/github/site-policy/github-disrupting-the-experience-of-other-users) activity in a way that amounts to abuse
- Piling on to or orchestrating [disruptive](/site-policy/acceptable-use-policies/github-disrupting-the-experience-of-other-users) activity in a way that amounts to abuse
- Following another user around the platform in a manner that causes intimidation
- Making sexual advances or comments directed at another individual
- Disingenuously participating in conversation in a way that instigates conflict or undermines sincere discussion
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Expand Up @@ -24,4 +24,4 @@ We do not allow behavior that significantly or continually disrupts the experien

While we encourage maintainers to moderate their own projects on an individual basis, GitHub staff may take further restrictive action against accounts that are engaging in these types of behaviors.

Please note that the above conduct may also violate other restrictions in our [Acceptable Use Policies](/github/site-policy/github-acceptable-use-policies). For example, depending on the nature and severity of the activity, it may rise to the level of [bullying and harassment](/github/site-policy/github-bullying-and-harassment).
Please note that the above conduct may also violate other restrictions in our [Acceptable Use Policies](/site-policy/acceptable-use-policies/github-acceptable-use-policies). For example, depending on the nature and severity of the activity, it may rise to the level of [bullying and harassment](/site-policy/acceptable-use-policies/github-bullying-and-harassment).
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Expand Up @@ -25,6 +25,6 @@ Don't post other people's personal information. This includes:

We may consider other information, such as photos or videos that were taken or distributed without the subject's consent, to be an invasion of privacy, especially when such material presents a safety risk to the subject, such as in the case of intimidation or harassment.

GitHub will take context into account as well as whether the reported content is publicly available elsewhere. Please note, however, that while sharing publicly available content may not be a violation of this policy, if the information is shared with the intent to harass or incite other abusive behavior, it may violate our prohibition against [bullying and harassment](/github/site-policy/github-bullying-and-harassment).
GitHub will take context into account as well as whether the reported content is publicly available elsewhere. Please note, however, that while sharing publicly available content may not be a violation of this policy, if the information is shared with the intent to harass or incite other abusive behavior, it may violate our prohibition against [bullying and harassment](/site-policy/acceptable-use-policies/github-bullying-and-harassment).

For more information, or to learn how to report a violation, see our [Private Information Removal Policy](/github/site-policy/github-private-information-removal-policy) and our instructions for [Reporting Abuse](/communities/maintaining-your-safety-on-github/reporting-abuse-or-spam).
For more information, or to learn how to report a violation, see our [Private Information Removal Policy](/site-policy/content-removal-policies/github-private-information-removal-policy) and our instructions for [Reporting Abuse](/communities/maintaining-your-safety-on-github/reporting-abuse-or-spam).
2 changes: 1 addition & 1 deletion Policies/acceptable-use-policies/github-impersonation.md
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Expand Up @@ -20,4 +20,4 @@ You may not misrepresent your identity or your association with another person o

Impersonation is a form of harassment and violation of this policy may lead to loss of access to your account.

Please note, having a username similar to another is not necessarily impersonation. GitHub will take context into account. For example, as in cases involving claims of [misinformation or disinformation](/github/site-policy/github-misinformation-and-disinformation), we generally allow parody and satire that is in line with our [Acceptable Use Polices](/github/site-policy/github-acceptable-use-policies).
Please note, having a username similar to another is not necessarily impersonation. GitHub will take context into account. For example, as in cases involving claims of [misinformation or disinformation](/site-policy/acceptable-use-policies/github-misinformation-and-disinformation), we generally allow parody and satire that is in line with our [Acceptable Use Polices](/site-policy/acceptable-use-policies/github-acceptable-use-policies).
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Expand Up @@ -17,5 +17,5 @@ You may not post content that presents a distorted view of reality, whether it i
- False or misleading content likely to interfere with an individual's ability to participate in civic activities
- Unsubstantiated claims that could promote hate or targeted harassment of specific groups of people

We encourage active participation in the expression of ideas, perspectives, and experiences and may not be in a position to dispute personal accounts or observations. We generally allow parody and satire that is in line with our [Acceptable Use Polices](/github/site-policy/github-acceptable-use-policies), and we consider context to be important in how information is received and understood. When reviewing content under this policy, GitHub will consider the impact of various factors that may help to orient the viewer, such as whether the content has been provided with clear disclaimers, citations to credible sources, or includes other details that clarify the accuracy of the information being shared.
We encourage active participation in the expression of ideas, perspectives, and experiences and may not be in a position to dispute personal accounts or observations. We generally allow parody and satire that is in line with our [Acceptable Use Polices](/site-policy/acceptable-use-policies/github-acceptable-use-policies), and we consider context to be important in how information is received and understood. When reviewing content under this policy, GitHub will consider the impact of various factors that may help to orient the viewer, such as whether the content has been provided with clear disclaimers, citations to credible sources, or includes other details that clarify the accuracy of the information being shared.

20 changes: 10 additions & 10 deletions Policies/content-removal-policies/dmca-takedown-policy.md
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Expand Up @@ -32,13 +32,13 @@ The DMCA also prohibits the [circumvention of technical measures](https://www.co

## DMCA Notices In a Nutshell

The DMCA provides two simple, straightforward procedures that all GitHub users should know about: (i) a [takedown-notice](/articles/guide-to-submitting-a-dmca-takedown-notice) procedure for copyright holders to request that content be removed; and (ii) a [counter-notice](/articles/guide-to-submitting-a-dmca-counter-notice) procedure for users to get content re-enabled when content is taken down by mistake or misidentification.
The DMCA provides two simple, straightforward procedures that all GitHub users should know about: (i) a [takedown-notice](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-takedown-notice) procedure for copyright holders to request that content be removed; and (ii) a [counter-notice](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-counter-notice) procedure for users to get content re-enabled when content is taken down by mistake or misidentification.

DMCA [takedown notices](/articles/guide-to-submitting-a-dmca-takedown-notice) are used by copyright owners to ask GitHub to take down content they believe to be infringing. If you are a software designer or developer, you create copyrighted content every day. If someone else is using your copyrighted content in an unauthorized manner on GitHub, you can send us a DMCA takedown notice to request that the infringing content be changed or removed.
DMCA [takedown notices](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-takedown-notice) are used by copyright owners to ask GitHub to take down content they believe to be infringing. If you are a software designer or developer, you create copyrighted content every day. If someone else is using your copyrighted content in an unauthorized manner on GitHub, you can send us a DMCA takedown notice to request that the infringing content be changed or removed.

On the other hand, [counter notices](/articles/guide-to-submitting-a-dmca-counter-notice) can be used to correct mistakes. Maybe the person sending the takedown notice does not hold the copyright or did not realize that you have a license or made some other mistake in their takedown notice. Since GitHub usually cannot know if there has been a mistake, the DMCA counter notice allows you to let us know and ask that we put the content back up.
On the other hand, [counter notices](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-counter-notice) can be used to correct mistakes. Maybe the person sending the takedown notice does not hold the copyright or did not realize that you have a license or made some other mistake in their takedown notice. Since GitHub usually cannot know if there has been a mistake, the DMCA counter notice allows you to let us know and ask that we put the content back up.

The DMCA notice and takedown process should be used only for complaints about copyright infringement. Notices sent through our DMCA process must identify copyrighted work or works that are allegedly being infringed. The process cannot be used for other complaints, such as complaints about alleged [trademark infringement](/articles/github-trademark-policy/) or [sensitive data](/articles/github-sensitive-data-removal-policy/); we offer separate processes for those situations.
The DMCA notice and takedown process should be used only for complaints about copyright infringement. Notices sent through our DMCA process must identify copyrighted work or works that are allegedly being infringed. The process cannot be used for other complaints, such as complaints about alleged [trademark infringement](/site-policy/content-removal-policies/github-trademark-policy) or [sensitive data](/site-policy/content-removal-policies/github-private-information-removal-policy); we offer separate processes for those situations.

## A. How Does This Actually Work?

Expand All @@ -49,7 +49,7 @@ Here are the basic steps in the process.
1. **Copyright Owner Investigates.** A copyright owner should always conduct an initial investigation to confirm both (a) that they own the copyright to an original work and (b) that the content on GitHub is unauthorized and infringing. This includes confirming that the use is not protected as [fair use](https://www.lumendatabase.org/topics/22). A particular use may be fair if it only uses a small amount of copyrighted content, uses that content in a transformative way, uses it for educational purposes, or some combination of the above. Because code naturally lends itself to such uses, each use case is different and must be considered separately.
> **Example:** An employee of Acme Web Company finds some of the company's code in a GitHub repository. Acme Web Company licenses its source code out to several trusted partners. Before sending in a take-down notice, Acme should review those licenses and its agreements to confirm that the code on GitHub is not authorized under any of them.

2. **Copyright Owner Sends A Notice.** After conducting an investigation, a copyright owner prepares and sends a [takedown notice](/articles/guide-to-submitting-a-dmca-takedown-notice) to GitHub. Assuming the takedown notice is sufficiently detailed according to the statutory requirements (as explained in the [how-to guide](/articles/guide-to-submitting-a-dmca-takedown-notice)), we will [post the notice](#d-transparency) to our [public repository](https://github.com/github/dmca) and pass the link along to the affected user.
2. **Copyright Owner Sends A Notice.** After conducting an investigation, a copyright owner prepares and sends a [takedown notice](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-takedown-notice) to GitHub. Assuming the takedown notice is sufficiently detailed according to the statutory requirements (as explained in the [how-to guide](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-takedown-notice)), we will [post the notice](#d-transparency) to our [public repository](https://github.com/github/dmca) and pass the link along to the affected user.

3. **GitHub Asks User to Make Changes.** If the notice alleges that the entire contents of a repository infringe, or a package infringes, we will skip to Step 6 and disable the entire repository or package expeditiously. Otherwise, because GitHub cannot disable access to specific files within a repository, we will contact the user who created the repository and give them approximately 1 business day to delete or modify the content specified in the notice. We'll notify the copyright owner if and when we give the user a chance to make changes. Because packages are immutable, if only part of a package is infringing, GitHub would need to disable the entire package, but we permit reinstatement once the infringing portion is removed.

Expand All @@ -59,21 +59,21 @@ Here are the basic steps in the process.

6. **GitHub May Disable Access to the Content.** GitHub will disable a user's content if: (i) the copyright owner has alleged copyright over the user's entire repository or package (as noted in Step 3); (ii) the user has not made any changes after being given an opportunity to do so (as noted in Step 4); or (iii) the copyright owner has renewed their takedown notice after the user had a chance to make changes. If the copyright owner chooses instead to *revise* the notice, we will go back to Step 2 and repeat the process as if the revised notice were a new notice.

7. **User May Send A Counter Notice.** We encourage users who have had content disabled to consult with a lawyer about their options. If a user believes that their content was disabled as a result of a mistake or misidentification, they may send us a [counter notice](/articles/guide-to-submitting-a-dmca-counter-notice). As with the original notice, we will make sure that the counter notice is sufficiently detailed (as explained in the [how-to guide](/articles/guide-to-submitting-a-dmca-counter-notice)). If it is, we will [post it](#d-transparency) to our [public repository](https://github.com/github/dmca) and pass the notice back to the copyright owner by sending them the link.
7. **User May Send A Counter Notice.** We encourage users who have had content disabled to consult with a lawyer about their options. If a user believes that their content was disabled as a result of a mistake or misidentification, they may send us a [counter notice](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-counter-notice). As with the original notice, we will make sure that the counter notice is sufficiently detailed (as explained in the [how-to guide](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-counter-notice)). If it is, we will [post it](#d-transparency) to our [public repository](https://github.com/github/dmca) and pass the notice back to the copyright owner by sending them the link.

8. **Copyright Owner May File a Legal Action.** If a copyright owner wishes to keep the content disabled after receiving a counter notice, they will need to initiate a legal action seeking a court order to restrain the user from engaging in infringing activity relating to the content on GitHub. In other words, you might get sued. If the copyright owner does not give GitHub notice within 10-14 days, by sending a copy of a valid legal complaint filed in a court of competent jurisdiction, GitHub will re-enable the disabled content.

## B. What About Forks? (or What's a Fork?)

One of the best features of GitHub is the ability for users to "fork" one another's repositories. What does that mean? In essence, it means that users can make a copy of a project on GitHub into their own repositories. As the license or the law allows, users can then make changes to that fork to either push back to the main project or just keep as their own variation of a project. Each of these copies is a "[fork](/articles/github-glossary#fork)" of the original repository, which in turn may also be called the "parent" of the fork.
One of the best features of GitHub is the ability for users to "fork" one another's repositories. What does that mean? In essence, it means that users can make a copy of a project on GitHub into their own repositories. As the license or the law allows, users can then make changes to that fork to either push back to the main project or just keep as their own variation of a project. Each of these copies is a "[AUTOTITLE](/get-started/quickstart/github-glossary#fork)" of the original repository, which in turn may also be called the "parent" of the fork.

GitHub *will not* automatically disable forks when disabling a parent repository. This is because forks belong to different users, may have been altered in significant ways, and may be licensed or used in a different way that is protected by the fair-use doctrine. GitHub does not conduct any independent investigation into forks. We expect copyright owners to conduct that investigation and, if they believe that the forks are also infringing, expressly include forks in their takedown notice.

In rare cases, you may be alleging copyright infringement in a full repository that is actively being forked. If at the time that you submitted your notice, you identified all existing forks of that repository as allegedly infringing, we would process a valid claim against all forks in that network at the time we process the notice. We would do this given the likelihood that all newly created forks would contain the same content. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories and thus would be difficult to review in its entirety, we may consider disabling the entire network if you state in your notice that, "Based on the representative number of forks I have reviewed, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement.

## C. What about Circumvention Claims?

The DMCA prohibits the [circumvention of technical measures](https://www.copyright.gov/title17/92chap12.html) that effectively control access to works protected by copyright. Given that these types of claims are often highly technical in nature, GitHub requires claimants to provide [detailed information about these claims](/github/site-policy/guide-to-submitting-a-dmca-takedown-notice#complaints-about-anti-circumvention-technology), and we undertake a more extensive review.
The DMCA prohibits the [circumvention of technical measures](https://www.copyright.gov/title17/92chap12.html) that effectively control access to works protected by copyright. Given that these types of claims are often highly technical in nature, GitHub requires claimants to provide [detailed information about these claims](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-takedown-notice#complaints-about-anti-circumvention-technology), and we undertake a more extensive review.

A circumvention claim must include the following details about the technical measures in place and the manner in which the accused project circumvents them. Specifically, the notice to GitHub must include detailed statements that describe:
1. What the technical measures are;
Expand Down Expand Up @@ -105,8 +105,8 @@ It is the policy of GitHub, in appropriate circumstances and in its sole discret
## G. Submitting Notices

If you are ready to submit a notice or a counter notice:
- [How to Submit a DMCA Notice](/articles/guide-to-submitting-a-dmca-takedown-notice)
- [How to Submit a DMCA Counter Notice](/articles/guide-to-submitting-a-dmca-counter-notice)
- [How to Submit a DMCA Notice](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-takedown-notice)
- [How to Submit a DMCA Counter Notice](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-counter-notice)

## Learn More and Speak Up

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