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sankaku_full

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DeepGHS 263

but the art in the datast is not even from the web page the web page jsut reuplods teh art form artists

Does Sankaku even have the rights to request a dmca on this dataset when nothing in here is theirs?

this is hilarious considering sankaku literally just re-uploads art from other artists

Sankaku literally ignores DMCA from the artists they store art of
Also not the first time they go after someone scraping their booru so prob best to ignore

As Chavinlo stated they themselves are flagrant violators of DMCA and the vast majority of content in this repo is not unique to their site, intellectual property, or any other mechanism that would give them right to take down the content if any deeper inspection is made. A classic case of using the social contract as a weapon while not even being a signatory.

Update: Upon further investigation their (Sankaku Complex) ToS definitely does not grant them IP over the content posted to their website. This was not a properly performed DMCA notice as the specific items in question need to be listed. A blanket request saying an entire account or even an entire dataset is infringing is simply not valid and taking down the dataset is not the just thing to do it merely gives these frivolous messages teeth where legally there are none.

It is incredibly sad that a massive amount of good faith work was taken down due to a single zero effort message from a bad faith actor. In the future I hope HF does more due diligence before revoking access to such an important artifact.

sankaku is a shithole

We received a DMCA takedown notice from the representatives of Sankaku Complex (link) alleging that materials in this repository uploaded by you infringe their copyright.

In the linked DMCA takedown notice, they "swear, under penalty of perjury, that the information in this notice is accurate and that I am the owner of the copyright or am authorized to act on behalf of the copyright owner", which is observably false, since their ToS doesn't explicitly mention transfer of copyright or getting permission to act on behalf of the copyright owner - https://legal.sankakucomplex.com/terms-of-service.

They have not filed any proof of ownership or authorization to act on behalf of the copyright owner, and until they have done so, this DMCA claim should have zero effect.

Therefore, since they do not own their content (per copyright), they cannot claim DMCA, and the notice likely has a different motive. If I were to guess, they are protecting themselves against scraping by sending false DMCA claims, since false DMCA claims are almost never penalized.

LinkedIn also tried to protect themselves against scraping in HiQ Labs v. LinkedIn - https://en.wikipedia.org/wiki/HiQ_Labs_v._LinkedIn. In that case, The Ninth Circuit declared that selectively banning potential competitors from accessing and using data that is publicly available can be considered unfair competition under California law.

We provide corresponding counter-notice content in accordance with the DCMA webpage.

Counter Notice

1. Infringing URL (DMCA Notice)
   https://huggingface.co/datasets/huggingface-legal/takedown-notices/blob/main/2025/2025-01-03-Sankaku-Complex.md

2. Source URL
   Public Internet

3. Description of Ownership
   In the linked DMCA takedown notice, they "swear, under penalty of perjury, that the information in this notice is accurate and that I am the owner of the copyright or am authorized to act on behalf of the copyright owner", which is observably false, since their ToS doesn't explicitly mention transfer of copyright or getting permission to act on behalf of the copyright owner - https://legal.sankakucomplex.com/terms-of-service.
   The images in the dataset(main content) come from the public Internet and are not owned by Sankaku Complex.
   They have not filed any proof of ownership or authorization to act on behalf of the copyright owner, and until they have done so, this DMCA claim should have zero effect.
   They should list specific items in question.

Thank you,
DeepGHS Team

@pierric

Dear DeepGHS Team,

Please complete your counter-notice with the following information required by law, and we will inform the Sankaku Complex Team: your name, address, telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found.

We will then wait 10-14 days and re-enable your content unless the Sankaku Complex Team informs us that they initiated legal action against you before then.

You can send this to us by email at [email protected]

Thank you,
Hugging Face Team

@bdsqlsz

Please complete your counter-notice with the following information required by law, and we will inform the Sankaku Complex Team: your name, address, telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found.

@brunatrevelin This is a fraudulent DMCA claim why are you doing this?

These ap3s from sankaku really ask for getting scraped even by more people by doing all these shady things. Imagine issuing DMCA notices when you're an art stealer yourself.
Who has a scraper for this joke site? Let's scrape and upload everything somewhere else if HF really believes these r@ts and is limiting the access to this dataset.