When a legal takedown request arrives, whether it’s about copyright, censorship, privacy, or something more vague, how a Free and Open Source Software (FOSS) project responds can make all the difference. Handled well, a takedown request can be a manageable administrative step. Handled poorly, it can cause panic, disrupt infrastructure, or even put contributors at legal risk. As part of our legal resilience research, we spoke with a range of legal experts, software freedom advocates, and maintainers of mature FOSS infrastructure to understand how others manage these moments. In this article, we share what we learned, and how F-Droid is incorporating these lessons into its own approach. A Pattern Emerges Despite differences in jurisdiction, size, and mission, a few common themes from our research emerged when we asked how other projects handle takedown requests: 1. Don’t Be a Soft Target Legal threats often follow the path of least resistance. FOSS projects that publish a formal takedown policy, require legal submissions through specific channels, and insist on a valid legal basis are much less likely to receive, or comply with, vague or harassing demands. One FOSS organization, for example, requires all legal correspondence to be submitted by postal mail in the national language and citing local law. Most complaints evaporate once asked to comply. 2. Creating a transparent and documented process Several digital rights organizations advised setting up structured response steps: Require submissions to a dedicated legal@ or abuse@ email. Insist on full documentation: legal basis, jurisdiction, evidence of the infringement and identity of the complainant. Review for sufficiency, proportionality, and standing before acting. This creates proper documentation to process valid claims, while protecting projects from illegitimate or unfounded requests. 3. Use Jurisdiction Strategically Projects based in civil law jurisdictions, particularly in Europe, are often better position...
First seen: 2025-09-12 18:02
Last seen: 2025-09-13 00:12