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YouTube-dl has received a DMCA takedown from RIAA

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Re: YouTube-dl has received a DMCA takedown from RIAA

#371

Post by vaccinator »

reggieband wrote: post #239

It is a bit of a tough question. How would I feel about someone borrowing a book from a library and then photocopying it to keep a local copy? If the intent was to re-distribute then I would not feel comfortable allowing it. However, if the proposed remedy was to ban personal ownership of photocopiers I would not even consider that a valid approach. But would I expect I could keep my own photocopied version instead o…

Mix tapes of copyright content are legal... not sure why youtube-dl you be illegal even if only used to copy copyright content

Re: YouTube-dl has received a DMCA takedown from RIAA

#372

Post by kelnos »

Santosh83 wrote: post #7

How can a program be in violation of DMCA? Is a knife in violation of the criminal justice system because some people use it to kill and therefore no one can use it anywhere, ever? How ridiculous.

> How can a program be in violation of DMCA?

The DMCA contains provisions that criminalize circumvention tools. The plaintiff only has to prove that a tool is mainly designed to aid in copyright infringement and/or that's the most common use. It's a super super bad law, but has unfortunately been used quite successfully over the past 20 years by the likes of the RIAA and MPAA and others.

> Is a knife in violation of the criminal justice system because some people use it to kill and therefore no one can use it anywhere, ever?

Many jurisdictions in the US consider carrying a hidden knife beyond a certain length as illegal carry of a concealed weapon.

Re: YouTube-dl has received a DMCA takedown from RIAA

#373

Post by rvense »

deepender99 wrote: post #265
yamrzou wrote: post #215

Earlier quoted context omitted.

What if collaboration on opensource projects (i.e. hosting, issues and their comments) was decentralized instead of relying on a central entity like Github? That would keep the developer base active and make DMCA takedowns ineffective.

keybase.io provide decentralized crypto solution, it's better to open source community to move on to such crypto soluion

Keybase is extremely centralized, and they were bought by Zoom a few months ago.

Stop using Keybase.

Re: YouTube-dl has received a DMCA takedown from RIAA

#376

Post by qw3rty01 »

dragonwriter wrote: post #291
qw3rty01 wrote: post #267

Earlier quoted context omitted.

IANAL, but DMCA takedowns do not have "no repercussions" for false claims. If the DMCA takedown was actually baseless, they would be opening themselves up to damage liabilities, as specified under 17 U.S. Code § 512 under section f[1]. This is different than YouTube copyright claims, which as far as I'm aware don't actually have any repercussions for false claims unless YouTube decides to take action[2], since copyri…

> DMCA takedowns do not have "no repercussions" for false claims. They mostly do. > If the DMCA takedown was actually baseless, they would be opening themselves up to damage liabilities, as specified under 17 U.S. Code § 512 under section f[1]. The basis for liability there is knowing misrepresentation of infringement . So as long as RIAA believed (and that belief need not be reasonable ) the legal theory of infringe…

While this is true, I was responding to a post about abusing DMCA takedowns, which have the assumption that they're using it to knowingly misrepresent infringement. And even though most abusive DMCA takedowns end up without any counter action, the law does provide a way to fight them, which is the disincentive from "simply send a takedown for anything they don't like no matter whether it is legal or not"

Re: YouTube-dl has received a DMCA takedown from RIAA

#377

Post by warp »

adrianmonk wrote: post #197
crazygringo wrote: post #21

Curious if anyone with legal expertise knows if this has legs? They say: > The clear purpose of this source code is to (i) circumvent the technological protection measures used by authorized streaming services such as YouTube, and (ii) reproduce and distribute music videos and sound recordings owned by our member companies without authorization for such use. But the "circumventing" is still accessing a stream the use…

Also, does the fact that YouTube doesn't supply a download feature constitute a "technical protection measure"? From the RIAA's point of view, it works to their benefit that a download link doesn't exist, and it may be something they like, but that doesn't mean that's why. It could just as easily be that a download feature doesn't exist because YouTube wants you to keep returning to their site if you want to rewatch…

There is a "Download" button in the mobile Youtube apps (if you're paying for Youtube Premium).

Re: YouTube-dl has received a DMCA takedown from RIAA

#378

Post by kelnos »

nickjj wrote: post #114

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…

It makes perfect sense to the people who design these twisted legal machinations.

A tool like OBS is designed for generic desktop recordings, while youtube-dl is designed specifically to enable the copying of copyrighted works. Or at least that's what the RIAA will say, and unfortunately a judge will likely be very sympathetic to that claim.

Re: YouTube-dl has received a DMCA takedown from RIAA

#379

Post by CivBase »

RealStickman_ wrote: post #240

Made a torrent of the latest version from pypi. Hope it works. magnet:?xt=urn:btih:da76788b4d05583f8a3a7ed60f136c5647daa113&dn=youtube%5Fdl-2020.9.20.tar.gz&tr=http%3A%2F%2Ftracker.bittorrent.am%2Fannounce&tr=http%3A%2F%2Fopen.acgtracker.com%3A1096%2Fannounce&tr=http%3A%2F%2Fretracker.krs-ix.ru%2Fannounce&tr=udp%3A%2F%2F9.rarbg.com%3A2710%2Fannounce Edit: NVM. Getting nowhere with setting that up.

Is there anything stopping someone from creating a new youtube-dl repo on GitHub with the README examples in question removed?

On that note... how do you actually remove copyrighted content from a git repo? Even if you fixed the problem on the HEAD of the master branch, it would still exist in the version history.

Re: YouTube-dl has received a DMCA takedown from RIAA

#380

Post by tbabej »

tbabej wrote: post #329

The removal of youtube-dl is a loss to the open source community. I hope this does not set a precedence going forward and that authors re-establish themselves (and the bug tracker, which had immense amount of information). At the same time, this lead me to browse the Github's DMCA repo, which has some real gems. For example, this DMCA takedown of repo with copied course assignment of a different student and did not c…

Removal of repositories like youtube-dl seems to have been happening for a while though, here are couple of examples:

Removal of Udemy-dl (2015,2017): https://github.com/github/dmca/blob/master/2015/2015-08-12-U... https://github.com/github/dmca/blob/master/2017/2017-11-13-U...

Removal of linuxacademy-dl (2018): https://github.com/github/dmca/blob/master/2018/2018-09-24-l...

Removal of Instagram-API (2020): https://github.com/github/dmca/blob/master/2020/01/2020-01-2...

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