Thank you, this definitely answered a bunch of questions 
On a somewhat side note, do you know if the DMCA policy for Roblox will change in the future sooner or later? If so, what might we be able to expect from the changes? I assume if there were to be changed in the future they would be mainly based off of the current policy.
I asked the same question on their newest thread where they answered some questions. Hopefully we get an answer soon as well.
" * Are assets uploaded to groups you no longer own still associated with your account and liable to get you a strike?"
I’d like to know about this as well.
Roblox should just delete content and not strike users for content which was uploaded before the new policy was made. Thats how most laws work in real life, like if you commit a crime and get found out later on meanwhile that crimes maximum jail sentience gets increased from 5 to 10 years later on you would still get the 5 year sentience.
There is a feature request here about the idea that moderation should not punish for X year old violations of TOS / retroactively punish for new policies, you should support it if you haven’t yet:
I’m glad that thread exists, but I think it’s a bit sad we have to beg Roblox to not terminate us for content made years and years ago because of rules put in place after the content was created. Especially sad when there’s not even a single response from anyone who could make a change with how the moderation is handled in that thread.
To be clear, these rules have always been in place. Copyright law hasn’t changed in decades.
DMCA itself was introduced in 1998.
This question definitely needs to be answered. There are many groups, some of them being large groups, and many people on the forum who would be affected by this if it were a lock-on-DMCA policy.
This provides many of us with quite a bit of relief due to not striking us for content uploaded before the new policy was released. Thanks for updating us on this.
This is not a new policy. If you read any of the recent threads on this, they mention it nearly every time in OP that this is not new policy.
Then I guess I mean “policy that was never enforced, giving the illusion that it wasn’t there.”
Either way, retroactive moderation for something not harming anyone is ridiculous, whether or not the rules were there.
The policy has always been enforced, it’s against the law for them not to enforce it.
It comes down to the simple fact that Roblox doesn’t receive many DMCA requests (5/month) with even fewer in previous years.
The DMCA section of the Roblox Terms of Use/Service has existed since 2010 (based on Internet archive records), you agreed when you created your Roblox account and when you use Roblox.
Unfortunately or fortunately depending on how you think about it, you agreed to those rules and still do.
If you made content back in 2008, I would say that you should be able to move on. Roblox have finally made more information public about it, rather than announcing it as a new policy persay.
My bad for “describing it as a new policy” then. Like it’s been said in one of the posts above this, it’s never been really enforced in this way and with Roblox finally cracking down on it a bit more than they usually would, it’s basically making us realise that the DMCA rules have been in place and still exist. However, up until now, I’m sure some people would’ve been blind to the fact that they existed because there has been minimal information realised about it before now.
They have always been enforced like this. Nothing has changed.
And I agree. It’s due to lack of education, which is exactly why they posted about it. To inform and remind developers that the law does exist and we have to follow it or face the consequences. This is not simply a Roblox rule, but a law.
And no one is arguing against the law being enforced. People are arguing against the retroactive termination of accounts for uploading copyrighted assets before DMCAs were filed and Roblox started taking action against copyrighted assets. They are under no legal obligation to terminate users, let alone users for old content, which is why people aren’t happy with what’s happening. My apologies if I worded my thoughts weirdly in previous posts.
That’s not how DMCAs work. When a DMCA is filed it applies to ALL of that IP uploaded, regardless of the date.
DMCA’s are inherently retroactive. It’s quite literally how it’s intended to be used.
I’m not arguing against that. The claimed content should 100% be deleted. However, as I’ve said, Roblox is under no obligation to terminate users, and the EFF actually discourages a 3 strike system like Roblox is using. By no means do they have to terminate anyone, let alone terminate for old content.
CaptainJadeFlames worded it much better than I could earlier in the thread:
To be completely fair, it’s not one and done termination necessarily. Every single case is reviewed separately and action is decided based on severity of infringement.
The policy is intentionally vague to specifically allow case by case review.
DMCA does explicitly state that companies must implement some sort of termination system for repeat infringers. The fact that Roblox will allow us time to counter file is actually really great and allows false claims to be dealt with accordingly.
This policy isn’t as simple as “3 strikes and you’re out” even tho it’s somewhat worded like that. Case by case review negates the “3 & out” mindset as it allows for ‘exceptions’ based on a number of factors. But as per DMCA, Roblox needs to have some sort of repeat infringer policy, which they do. How else would you suggest they implement a repeat infringer policy other than a strike system?