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That logic might be acceptable if the DMCA takedown mentioned the images. It doesn't. It specifically references the trademarks "GoPro" and "Hero".

Their "clarification" isn't.



It should be noted that there is no such thing as a DMCA takedown for trademark infringements.

http://chillingeffects.org/dmca512/faq.cgi#QID569

So yeah pretty much nothing holds up.




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