Tell HN: GitHub refuses to remove cracked copies of my software after a month

491 points by IvanK_net a day ago


I am a developer of https://www.photopea.com, a popular photo editor that runs in a web browser.

Many people are asking AI models to take the Javascript code from my website, remove all ads from it, and they publish such a "new product" on Github for everyone to download.

There exist tens of such repositories on Github. I want my website to be the only source of a stable version of my program Photopea. I even received emails from people complaining about something in Photopea, and it took several emails to figure out that they are not using Photopea.com (so it ruins my reputation a little).

I reported it to Github on the 4th of September 2026: https://www.photopea.com/g/XKoqqIGv

Today, a month later, I received this response:

Thank you for submitting a DMCA takedown notice. We've reviewed the information you've provided, and based on the facts presented to us, we're unable to confirm a violation of 17 U.S. Code § 1201.

What do you think I could do? Do you think I should look for a lawyer to deal with it outside the digital world? I really doubt that a real person ever looked at my report, and they probably send this response automatically to 99% of people.

DannyBee - 7 hours ago

IP lawyer here - I can't give you actual legal advice because you aren't my client, but generally, you have two options here, neither of which will be surprising, or very satisfying:

1. Pay a lawyer or firm that specializes in this sort of thing to play whack a mole for you

2. Accept it as normal losses and ignore it.

Contrary to others claims here, it is not a 500/hour thing to do #1 when dealing with firms that specialize in this. it probably would be if you just hire a random one-off IP lawyer to try and deal with this particular instance.

Trying to deal with it yourself will be increasingly frustrating and time wasting for you. You will also never be able to prevent someone sufficiently motivated from doing stuff like this to your software.

Unless you want to spend your time dealing with those folks instead of building the software, you should hand this part off - it's not a good use of your time, value wise.

Put another way: most companies farm out processing of this sort of request to high volume low cost processing teams. Or AI. Or both. For you this is an important one off. For the person processing it it's one of a hundred tickets they are handling today. You are not going to get very personalized attention and consistency.

I don't claim this is how it should be, etc. I simply claim this is how it realistically is. It would practically require legislative change to have a different thing happen here and while interesting to discuss, that seems outside the scope of your questions, which seemed more practically oriented

thought-gap - 16 hours ago

First off, let me get this out of the way - I am not a lawyer. If you want a legal advice talk to a lawyer.

Second, I am sorry this is happening to you.

Third, based on GitHub's reply, specifically

> we're unable to confirm a violation of 17 U.S. Code § 1201

they took your submission as 17 U.S. Code § 1201 takedown notice. Maybe you specifically stated this. Maybe it was implied. This is likely not what you want and GitHub's response is likely correct. The reason for this is that § 1201 prohibits circumventing a technological measure. The JS you host on your public site, even if obfuscated, very likely does not qualify for this protection. Another detail - the reason it took long (a month later according to your post) is that after the youtube-dl fiasco, they committed to manual review, legal and technical, of every 1201 takedown notice [0].

Fourth, if you believe these copies are sufficiently reproducing your copyrighted work, what you likely want to do is file a standard copyright infringement 17 U.S Code § 512(c) takedown notice. This still goes through the same DMCA report flow but it should result in a less stringent review process and a faster response.

Fifth and finally, consider asking your favorite LLM to get more context around these laws. Good luck!

[0] https://github.blog/news-insights/policy-news-and-insights/s...

gwbas1c - 7 hours ago

> take the Javascript code from my website, remove all ads from it, and they publish such a "new product" on Github for everyone to download

Remember that there is still quite a bit of friction to doing that, and that many people have better things to do than jump through those hoops.

In addition to the "hire a lawyer" comments in this thread, I suggest building in some heuristics that detect when Photopea is running outside of your domain. They don't need to be "foolproof," but add additional friction to pirating Photopea so that less people will jump through the hoops.

Some historical examples:

- Commercial software in the 1980s and 1990s would burn a hole on the disk, and the software would look for the error when reading that sector.

- Donkey Kong Country would detect that it was pirated by reading the amount of RAM available. (Because SNES backup systems had slightly different runtime properties than the real cartridge.)

More importantly, when detecting that Photopea is pirated, if it runs for 3-6 minutes and then crashes, it's more likely to look like a bug in the export than a deliberate anti-piracy attempt.

---

Finally, you could consider a business model that relies on server-side functionality for revenue or stickiness, that's hard to replicate merely by pirating the software. (IE, some kind of server-side storage and sharing system.)

summarity - 11 hours ago

Is there a ticket code or other contact you've been in touch with?

As for DMCA filings, we publish all of them here: https://github.com/github/dmca

I see two from Photopea, one from 2022 (https://github.com/github/dmca/blob/d97814f268e07e62aabe8b5c...) and one from 2024 (https://github.com/github/dmca/blob/d97814f268e07e62aabe8b5c...) - could you point to the recent filing?

I work at GH, but am not involved in DMCA filings, and can in no way answer or judge this case, but potentially follow up internally.

IvanK_net - 14 hours ago

Hey guys, thank you all very much for your comments! I just woke up, I did not really believe my post would get this much attention, so thanks!

Honestly, I was a hoping that giving attention to this problem here at HN might lead to someone from Github actually noticing my problem and looking into it.

I think I will try solving it with a lawyer. But it would be really cool if I could spend my days writing code instead of dealing with lawyers and stuff.

JohnFen - a day ago

You should discuss this with an attorney that is experienced with IP law to see what your options really are. IP law is very complex and sometimes very surprising. You need expert legal advice, not advice from the HN crowd.

As an aside, I thought that "cracked" software meant software that has had the copy protection or other access control bypassed or removed, not the alteration of the software functionality itself. If your software was actually cracked then you may have some fairly heavy law in your favor. For better or worse, bypassing access controls (even weak or simple access controls) gets special legal attention.

bartread - 20 hours ago

Man, some of the comments this is getting are absolutely wild.

OP, I’m sorry this is happening to you. It must be incredibly frustrating to have people ripping off something you’ve worked on for many years and pass it off as their own work. I would be furious in your position.

I wish I could do something directly to help you but the best I can offer is to echo the best advice others have already given you: it’s time to get a lawyer. That is the one guaranteed route to get GitHub to sit up and take the action they should already have taken on your behalf.

hgs3 - 5 hours ago

The 3rd U.S. Circuit Court of Appeals recently ruled [1] that using AI to train on a competitor's copyrighted material to build a competing product is _not_ fair use. This is a recent ruling (September 30, 2026). GitHub policy has surely not caught up yet and who knows when it will.

> Do you think I should look for a lawyer to deal with it outside the digital world?

Absolutely. This is a copyright infringement case and there is now an appellate precedent to cite. Gather as much evidence as you can and speak with an IP attorney.

[1] https://www.reuters.com/legal/litigation/unsealed-opinion-sh...

jodrellblank - 6 hours ago

You’ve made a million dollars a year for five years with it? Why are you stressing about lawyers and support tickets instead of being retired?

schnebbau - 11 hours ago

I think we're going to see a lot more of this going forward.

I think we're also going to see the strategy to be to remove the processing and magic sauce from the client and move it to the server where it can't be decompiled and rebuilt with AI.

lewelove - 8 hours ago

With all due respect: people should be able to do this. Copyright as a concept applied to code was always a god-awful idea, DMCA especially. And for JS served on the open web it's plainly comedic.

Someone can always make a new repo without redistributing your code, sourcing and hot-patching it directly from your domain. GitHub deleting this repo won't ever fix it, you're playing whack-a-mole and doing free PR for these repos here on HN.

We seem to forget that this website is called Hacker News.

MisterMunchkin - 9 hours ago

It's inevitable if your entire product is statically hosted and pulled into their browser. They didn't even need AI to do this, they could have just done it by hand anyway.

handoflixue - 20 hours ago

Regardless of what you do now, I think you should be prepared for the upcoming reality that LLMs are going to be able to reproduce software, feature-perfect, in a way that does not currently violate copyright law.

Right now, the settled law is that such an LLM reproduction is 100% legal.

If you really want to protect your software in the years to come, you might have to seriously consider starting some sort of popular political movement to address this issue in copyright law.

Current models can already do a full reproduction of anything with source code available (e.g. JavaScript...), and there's already been some poor-quality Photoshop knockoffs.

anilgulecha - 16 hours ago

Can you post the actual link of the repo? You'd get responses with more context.

You had commented on the photocraft post prior, so if it's that, then it's a bit muddled. It's a LLM based re-implementation and not a copy of the code made open. So the argument would be weaker there, and you'd really need specific code samples to make a case of copyright infringement. Photocraft not "piracy" as is normally understood, which is the exact same binary, optionally with the license protection removed.

jdlshore - 21 hours ago

It sounds like you might have a case for copyright infringement. Resolving the situation yourself has failed. Your next step is to talk to a lawyer.

hereme888 - 5 hours ago

Nowadays useful software either resists being copied/distilled or it will be with minimal human effort.

Look at Adobe Photoshop was just ripped as a clean, open sourced project:

https://x.com/esrtweet/status/2107561430568571363

msalihb - 11 hours ago

I use photopea for years and really respect what you did. I disabled the adblocker. I hope they remove that.

jameshilliard - 20 hours ago

> Thank you for submitting a DMCA takedown notice. We've reviewed the information you've provided, and based on the facts presented to us, we're unable to confirm a violation of 17 U.S. Code § 1201.

Did they actually republish you code or were they just creating wrappers that download/cache the code from your website to run locally?

B4uler5 - a day ago

Sorry this happened to you dude. I don’t want to be harsh but, out of the crimes ignored in this era of AI clean rooming, book destroying distilleries and a despondent ostrich adjacent legal system you do seem to be one amongst a deluge of cheated individuals.

Hope you manage to get it sorted but I have no idea how that would go down at this point. I’m sure at least one of them could claim they copied it off the other ones and then you’re shit out of luck.

binlog - 21 hours ago

Yes you need a lawyer. You may not have filed the DMCA request correctly. You may not be understanding the law correctly.

swframe2 - 5 hours ago

<Naive>

Run the code you want to protect in a cloud function. Cache the user data on the server; modify it on the server, send the diffs to the browser.

</Naive>

<MoreNaive>

Any product that agent can generate from a prompt or reverse engineer will be cloned.

</MoreNaive>

<MostNaive>

Solve problems that make your life better even if cloned.

</MostNaive>

aetherspawn - a day ago

I think what you want is a legal avenue, like Trademark, Design rights, or patent.

If you have one of these, it’s possible that GitHub would honour it if you go via a lawyer.

BSVogler - 14 hours ago

I am in the same situation where people are hosting copies of the software for commercial use in companies. Even as big as Tencent. That is not allowed with my license and they also went to remove the code that does the license check on application startup. GitHub’s response so far: “please give an explanation how they can become conformant so that the users can fix this.”

SeriousM - 12 hours ago

A talk with a lawyer would be advised. But this is money you may not want to invest. You could just go on, keep your product improving and proof this way that your solution is more worth than the copycats out there. You just realized how it is to be a valuable target.

jakub_g - 12 hours ago

I'd recommend to DM github's VP of dev relations:

https://github.com/martinwoodward

before starting heavy artillery with lawyers.

(Martin also often posts on HN).

throwawayffffas - 11 hours ago

> What do you think I could do?

Hire a copyright lawyer.

Start going after the people that run this as a service, for both copyright and trademark infringement (you have a trademark for photopea right?).

maximegarcia - 4 hours ago

question: the code on Github is an issue (plenty of answers on that), yes, but is people hosting copies of your service a bigger issue? In other words, they are probably similar people that do it without publishing on Github...

pdutt111 - 7 hours ago

just move crucial bits in another language and use webassembly. so good section of your code is in compiled binaries hence blocking anyone stealing your IP. also at the moment they just change some bits I don't think it'll be long before they can just recreate a new project with different code but with exactly the same functionality and then you got no protection afaik(although not a lawyer so not 100% sure).

lrvick - 21 hours ago

I was like oh cool... until you mentioned the ads.

I would not fork or re-release proprietary code. I would ask my LLM to write a very rigorous end to end test suite for your tool, delete all the code, then have a clean context LLM re-write the code to pass all the same tests. Then I could publish it under an open license.

Ads are a cancer, and it is a matter of weeks before someone does the above where you have zero recourse.

I suggest open sourcing the code properly without ads yourself before someone does it for you. If you do that someone might donate to you instead of paying for the tokens to clone your work.

Software is no longer a moat and DMCA means nothing anymore.