Things like this make no sense from the notice: > The clear purpose of this source code is to (i) circumvent the technological protection measures used by authorized streaming services such as YouTube Using this logic then OBS or any desktop recording tool is also violating the same measures because you could press record while a Youtube video is playing and wind up with your own locally recorded copy of the video. S…
YouTube-dl has received a DMCA takedown from RIAA
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Re: YouTube-dl has received a DMCA takedown from RIAA
#252I'm surprised they haven't gone after browsers. They would surely have asked Google to display certain messages when a user visits known piracy sites This website is currently disabled due to a DMCA takedown notice. The website you are trying to access hosts copyrighted content. Please contact support, or seek the copyright holder's permission to access the content.
What this means is that iOS is effectively one lawsuit (ore even major bribe) away from RIAA or other similar unscrupulous group dictating what sites you can access and what you do with the browser. And you can't just sideload another browser due to the walled garden!
And it's not just iOS as there are unfortunately many Walled garden platforms these days - smart TVs, game consoles, browser extensions for some browsers, etc.
Even Android limits what you can do with a ROM that is not rooted - and some high profile apps will refuse to run on a rooted one!
Re: YouTube-dl has received a DMCA takedown from RIAA
#253Earlier quoted context omitted.
This isn't a new debate; in the early days of the DMCA, it was used to go after the author of DeCSS [0], despite the fact that legitimate Fair Use cases for the tool exist (personal backups, playback on unsupported devices at the time, like Linux PCs). The case was in fact stronger there, as DeCSS explicitly circumvented encryption [1], which AFAIK youtube-dl does not. And, of course, the infamous case of Napster [2]…
From the youtube-dl source code, in a file helpfully called youtube.py: def _decrypt_signature(self, s, video_id, player_url, age_gate=False): """Turn the encrypted s field into a working signature""" if player_url is None: raise ExtractorError('Cannot decrypt signature without player_url') It definitely does do decryption, as stated in the DMCA claim: > is a technology primarily designed or produced for the purpose…
Re: YouTube-dl has received a DMCA takedown from RIAA
#254They're requesting the takedown under 17 U.S. Code § 1201 - Circumvention of copyright protection systems. [https://www.law.cornell.edu/uscode/text/17/1201] It's a few paragraphs of the actual law at stake here. There's no much to it.
Essentially, they're arguing that Youtube's normal stream distribution technology is "effectively control[ling] access to a work." Given 3A & B from the link above, that will take a fair amount of arguing - there's no encryption, there's nothing that requires information under the authority of the copyright holder (like a key) to descramble the information.
Unless the repo has code that's breaking browser-based DRM, in which all bets are off - breaking DRM is by definition circumventing a technical protection. Doesn't matter if it was easy to break-- you break encryption, there's no more argument over whether you're circumventing. Decryption is right there in the text of the law.
Github agreed to the takedown because they don't want to be distributing a circumvention tool, and they don't feel like going to court over whether this is a circumvention tool or not. There are a lot of repos out there, you can't go to court over every single one. I'd be surprised if it stayed up on GitLab for much more than a New York minute, either.
The EFF might fight this, because there's a pretty good argument around the noninfringing uses; however, they also might not, because there's not much of an argument around whether it violates the Google Terms.
Some us are mentioning that there are use cases for this software that don't infringe copyright. That goes back to Sony v Universal, the VCR/Betamax case, which permitted the production and sale of technologies with "substantial noninfringing uses." In the case of the VCR, the particular noninfringing use was time-shifting of broadcast television, taping shows to watch later. The noninfringing uses here are around downloading works that are in the public domain or Creative Commons, and definitely around offline use. Easily a colorable argument.
The file sharing cases of the early 2000's have drawn some lines around the noninfringing use defense, though. Napster and Grokster both claimed, in court, to support noninfringing uses. However, both products promoted their products as offering free access to copyright-protected works, and the courts took notice of that in both cases-- I believe that the Grokster opinion may have noted that Grokster had never mentioned a noninfringing use outside the trial.
IOW, if you're providing a dual-use technology for noninfringing use that is also capable of infringing use, you absolutely cannot promote the infringing uses to the exclusion of others. Not only do you draw unwanted attention to yourself, you may actually (as in Napster and Grokster) invalidate the most important defense that you have for your activities.
Re: YouTube-dl has received a DMCA takedown from RIAA
#255But it can also be sued for downloading uncopyrighted material. It's like submitting DCMA for Office Word because people can use it for creating pirate copies of Harry Potter.
It's not because Word doesn't: 1. Advertise that it is intended to aid in copyright infringement 2. Include some tools to circumvent DRM used in harry potter e-books.
Re: YouTube-dl has received a DMCA takedown from RIAA
#256Earlier quoted context omitted.
Should it stand up to legal scrutiny though? What does it matter if I play the beatles on youtube by watching in a web browser or watching an .mp4 file that I just downloaded? It's functionally the same.
The former gives money to the original content owner for every listen while the latter does not. Which is why you're able to listen to it on youtube without having to personally pay someone.
Sony Corp. of America v. Universal City Studios, Inc., 464
U.S. 417 (1984), also known as the “Betamax case”, is a
decision by the Supreme Court of the United States which
ruled that the making of individual copies of complete
television shows for purposes of time shifting does not
constitute copyright infringement, but is fair use.[1][2]
The Court also ruled that the manufacturers of home video
recording devices, such as Betamax or other VCRs (referred
to as VTRs in the case), cannot be liable for infringement.
How is downloading something from youtube for later offline viewing ("time-shifting") in any way different from recording a tv show?Re: YouTube-dl has received a DMCA takedown from RIAA
#257This is like issuing a DMCA takedown on Microsoft Word because it's possible to use it as a means to defame someone.
I think a better analogy is to forbid an OCR software because they COULD be used to reproduce a book.
Re: YouTube-dl has received a DMCA takedown from RIAA
#258Earlier quoted context omitted.
DMCA is a bad law, but you'd have a harder time arguing a general purpose web browser meets any of the following conditions: https://www.law.cornell.edu/uscode/text/17/1201 (2)No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that— (A)is primarily designed or produced for the purpose of circumventing a techn…
Can you argue that youtube-dl meets any of those conditions? You can argue that youtube-dl facilitates making copies of copyrighted works; that's easy. But the items A, B, and C that you quote all require circumventing a technological measure that controls access to a protected work. And youtube videos, in the general case, have completely uncontrolled access. You can't circumvent measures that don't exist.
You don't have to be technically correct, you have to be legally correct. It's like technically correct only it's way more pedantic
Re: YouTube-dl has received a DMCA takedown from RIAA
#259Ok, so who's building a distributed, cryptographic, uncensorable version of GitHub?
Re: YouTube-dl has received a DMCA takedown from RIAA
#260Earlier quoted context omitted.
How is this perjury? No one's under oath.
DMCA takedowns are filed under penalty of perjury: "Under penalty of perjury, we submit that the RIAA is authorized to act on behalf of its member companies on matters involving the infringement of their sound recordings, audiovisual works and images, including enforcing their copyrights and common law rights on the Internet."