Yes, but according to the DMCA limitations:
Monstrata wrote:Personally, I will cease all mapping commissions officially. But my concerns are now less about commissions and more about simply uploading maps in general. I'm not trying to shade the osu!team, I really think these are legitimate issues we need to consider now more than ever. I've even heard Larto quit osu because he feared legal ramifications due to mapping popular songs.Simple. You're infringing copyright thus violating the ToS, but it's not osu! stuff fault or obligation to check every your submission because they believe in your fair use of the service. In general osu! is protected by DMCA, you're kindly protected by osu! stuff by removing your uploads that was claimed with DMCA. In any case of huge leak in this chain you will be taking all legal implications, but keep in mind that probability meteorite will fall on your house is higher.
On the topic- I hope this will end with nicely asking people to remove any notes about commissions on their socials rather than checking legal permissions.
17 U.S. Code § 512 - Limitations on liability relating to material online wrote:
(c) Information Residing on Systems or Networks At Direction of Users.—osu! is only free of blame if it is not aware of infringing activity. Otherwise, if it is aware of such infringing activity, it has an obligation to remove this material.
(1)In general.—A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider—
(i) does not have actual knowledge that the material or an activity using the material on the system or network is infringing;
(ii) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or
(iii) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;
(B) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and
(C) upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.
Basically what I'm saying is turning a blind eye is not enough because on paper, the DMCA would theoretically protect osu! But I don't think this will hold in any court of law because the issue of negligence on the part of osu! staff will inevitably become a critical issue. If 99% of the content you upload is unlicensed and you are not doing anything to combat this issue, despite stating that your company is against this practice, then that is negligent practice and you should be held liable since you could have taken more preventative actions.
At least, this is what I am getting. Yes, the chance of this happening is low. I don't think it's impossible though, especially since DMCA's are legitimate and we get them from time to time.
This thread also sets a precedent. The osu!team is now clarifying its position that it is against profitting off of commissioned goods. But in doing so it appears to be turning a blind eye on maps that are not commissioned. Regular maps.
Furthermore, the only income osu! receives is from osu!supporter which only goes to the benefit of osu!staff. This means they are profitting off the creation of maps, as well as the efforts of BNs and QATs who push these maps for ranked. This is an issue IF BN's and QAT's are considered part of the staff, but not an issue if BN and QAT are just part of the community and regular users.