Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

YouTube-dl is now part of GitHub/dmca.git

github.com

Post reply on HN
Print view View original

71–80 of 332 posts

Re: YouTube-dl is now part of GitHub/dmca.git

#71

Post by deelowe »

Bjartr wrote: post #65
echelon wrote: post #63

Earlier quoted context omitted.

Microsoft is losing the good will they've worked so hard to rebuild. Microsoft employees, managers, Satya: do you see what you're doing? I love the direction you've taken over the past five years, but bowing to the RIAA and attempting to disrupt an innocuous tool are horrible decisions. It's a chilling note, and everyone involved in tech can hear it. Are you telling us Github is not a safe place to develop software a…

IANAL, but as far as I recall, a site receiving a DMCA notice must immediately remove the stated content. The person who put the content up may then file a counter-notice, which, if uncontested may then be followed by reinstating the content. If contested, the process moves into the courtroom.

Correct. A company cannot not comply with a dmca takedown. When the law was written, the supposed safeguard against copyright holders filing tons of frivolous claims is that a counter claim can be pretty serious. Of course history has shown that this didn't work out as planned.

Re: YouTube-dl is now part of GitHub/dmca.git

#72

Post by sneak »

Bjartr wrote: post #65
echelon wrote: post #63

Earlier quoted context omitted.

Microsoft is losing the good will they've worked so hard to rebuild. Microsoft employees, managers, Satya: do you see what you're doing? I love the direction you've taken over the past five years, but bowing to the RIAA and attempting to disrupt an innocuous tool are horrible decisions. It's a chilling note, and everyone involved in tech can hear it. Are you telling us Github is not a safe place to develop software a…

IANAL, but as far as I recall, a site receiving a DMCA notice must immediately remove the stated content. The person who put the content up may then file a counter-notice, which, if uncontested may then be followed by reinstating the content. If contested, the process moves into the courtroom.

What was sent was not a DMCA notice in the standard sense; I encourage you to read it. It’s designed to look like one, but lacks critical elements (such as identifying an infringing URL).

The infringement described in their notice is hypothetical, not an actual instance of infringement, which is one of the required things in a DMCA notice.

GitHub can indeed leave the repo up, as this notice is insufficient to trigger the part of the DMCA that forces them to remove it.

More info from Parker Higgins in a tweet thread:

https://twitter.com/xor/status/1319755776043384838

Re: YouTube-dl is now part of GitHub/dmca.git

#73

Post by ab_testing »

I think the long term solution for this problem is the developers of open source software like the bit torrent client, youtube-dl and other similar software will have to host their code outside of the reach of DMCA regualation. That will usually mean something like Github like site hosted in Russia, China or some other bloc where DMCA does not apply.

Right now, lots of users in the US scientific community use Scihub or how millions of US students use libgen, millions of users of open source software will have to get used to a non US controlled domain to get access to their software. Also development of these software will be done in the shadows so as to avoid the reach of the DMCA.

Re: YouTube-dl is now part of GitHub/dmca.git

#74

Post by sneak »

saagarjha wrote: post #52
jcranmer wrote: post #49

Earlier quoted context omitted.

I doubt they'd fear the PR backlash. They didn't fear it before SOPA, and even when SOPA was defeated, it was largely because the backlash was driven by efforts by sites like Wikipedia, Facebook, and Google advertising counter-SOPA messaging, and that drives far more traffic than sites like GitHub.

Taking down GitHub would instantly make millions of developers at thousands of companies unable to do their work.

Only for a few days, critically.

GitHub may be the single source of truth, but it’s not the only copy of the data.

Re: YouTube-dl is now part of GitHub/dmca.git

#75

Post by DoofusOfDeath »

grishka wrote: post #60
shmerl wrote: post #7

I hope they did counter claim? RIAA should get a strong kick for this.

> RIAA should get a strong kick for this. Regardless of this particular case, the world would've been a saner place if copyright holders were held liable for erroneous claims.

Is it legal to file a DMCA claim when the motivation is retaliation? (Assuming that the person filing retaliatory DMCA claim can satisfy the good-faith requirement, that is.)

Re: YouTube-dl is now part of GitHub/dmca.git

#76

Post by WhyNotHugo »

Bjartr wrote: post #65
echelon wrote: post #63

Earlier quoted context omitted.

Microsoft is losing the good will they've worked so hard to rebuild. Microsoft employees, managers, Satya: do you see what you're doing? I love the direction you've taken over the past five years, but bowing to the RIAA and attempting to disrupt an innocuous tool are horrible decisions. It's a chilling note, and everyone involved in tech can hear it. Are you telling us Github is not a safe place to develop software a…

IANAL, but as far as I recall, a site receiving a DMCA notice must immediately remove the stated content. The person who put the content up may then file a counter-notice, which, if uncontested may then be followed by reinstating the content. If contested, the process moves into the courtroom.

That's pretty much it though.

In all honesty, we need a GH alternative hosted outside the US, in any place where absurd laws like DMCA don't exist.

Re: YouTube-dl is now part of GitHub/dmca.git

#77

Post by ryanmcdonough »

freeone3000 wrote: post #28
orbitingpluto wrote: post #13

The RIAA will have to create a takedown notice to takedown their takedown notice, invalidating the former takedown notice?

No, issuing a DMCA claim does not invalidate former claims. The system always works the way a rational human would expect.

The system always works the way a rational human who has a vested interest in the claimaint

Re: YouTube-dl is now part of GitHub/dmca.git

#78

Post by chrismorgan »

MrStonedOne wrote: post #8
madars wrote: post #2

It looks like this is the corresponding PR: https://github.com/github/dmca/pull/8142

if you have the dmca repo on your computer, you can checkout this PR via git fetch upstream pull/8142/head:pr-8142&&git checkout pr-8142 Should work even if they blackhole the pr.

There’s no need to create that pr-8142 branch, which will otherwise hang around indefinitely which is most commonly not what you want:

  git fetch upstream pull/8142/head
  git checkout FETCH_HEAD

Re: YouTube-dl is now part of GitHub/dmca.git

#79

Post by WhyNotHugo »

gizmo686 wrote: post #33
Iv wrote: post #6

Earlier quoted context omitted.

Note that a hack is not a fix. All of you, write to your representatives about that if you care. In EU when they were going to put some similar laws we all organized and wrote massively to the parliament and they backed down. It is a lot of effort but it works.

And what should we ask for? There is stuff to complain about with the DMCA, but the core process is reasonable. Someone claims copyright infringement by a user, and the website takes the content down. The user claims no copyright infringement, the website restores the content. The website is immune from liability, the alleged copyright owner can settle things in court with the user if they want to.

For one, you could ask for due process, or the right to defend yourself before the takedown is executed.

Right now, DMCA is an accusation AND a sentence bundled into one. There's no review of its validity, you're instant guilt unless proven wealthy.

Re: YouTube-dl is now part of GitHub/dmca.git

#80

Post by aesyondu »

ab_testing wrote: post #73

I think the long term solution for this problem is the developers of open source software like the bit torrent client, youtube-dl and other similar software will have to host their code outside of the reach of DMCA regualation. That will usually mean something like Github like site hosted in Russia, China or some other bloc where DMCA does not apply. Right now, lots of users in the US scientific community use Scihub…

> I think the long term solution for this problem is the developers of open source software like the bit torrent client, youtube-dl and other similar software will have to host their code outside of the reach of DMCA regualation

I'm not sure about that. I think the real long term solution is to have a decentralized version of YouTube/video publishing platform that is resistant (invulnerable?) to censorship. I'm not saying that it's not difficult, or even impossible, but I would love to see more discussion regarding true web decentralization, not legal semantics.

Post reply on HN