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

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

#321
post #233

Earlier quoted context omitted.

I would love to know the legal distinction between YouTube-dl and Chrome. They are both obviously user agents used for accessing video content hosted on a public remote server using standard web protocols. Then tell me how uBlock Origin is somehow Ok if YouTube-dl is not.

What is the legal distinction between DeCSS and the decryption code in the firmware of a DVD player? One comes from the publisher and is intended to play back the content in an approved way. The other is a reimplementation of the first, intended to circumvent the restrictions imposed by the first. That's illegal, per the DMCA. It's black-letter law in the US and elsewhere.

In the case of DVDs, the copyrighted code which decrypted DVDs was being licensed to DVD player companies. The code was not open source, and so stealing the key was itself copyright infringement, and more obviously circumvention of DRM.

In this case we have video which is streaming on the open web, which trivially provides for the user agent to download / cache a copy. The question is not a matter of whether that copy is being redistributed, but that the user agent can watch it in an ad-free space whenever they want. You could probably accomplish the same thing, or nearly so, with a browser plugin.

Which is why I make the comparison to uBlock. uBlock is similarly "playing back the content in an unapproved way" and perhaps you could say it is also a circumvention device.

The whole concept of "user agent" is that software on the user's machine -- that they control -- is rendering remote content in a form and fashion chosen by the user. The HTML provided by a remote server is not a legal contract for how that content must be displayed. It is a semantic description of the content, which the user agent can do with whatever it pleases for display to the user.

As long as no redistribution is occurring, the whole basis of the world-wide web is that a user agent can do whatever it wants to the content, including save a copy on the local machine.

So to me the most interesting question is exactly how youtube-dl becomes/became distinct from a user agent.

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

#322
post #302

Earlier quoted context omitted.

I think is valid as long as it protects the right of people creating (now) digital goods, to be payed for if they created that value. But i think the law is to harsh and actually can even destroy that piece from existing for being too severe over the copies of that work. For movies or music for instance, something like 3 year period of copyright ownership would be fine. People would still pay for first access to the…

> For movies or music for instance, something like 3 year period of copyright ownership would be fine. Great line of thinking. But I think the idea of earning income from a creative work throughout one's life also has value. A compromise is to retain the existing copyright periods (after which works go to the public domain),but after 5-10 years of creation, works would become free for non commercial distribution. So…

> Great line of thinking. But I think the idea of earning income from a creative work throughout one's life also has value.

I agree with you, at least in parts. I was addressing only the issue of copyright with digital copies, where people watch. play or listen free of charge after a given period.

But still after the artist, crew, studio or company cashed from their success, they could still make copyright grants to people that want to reproduce their content.

For instance, the free extension would only cover private listening, viewing or playing. But if you want to play the movie in your theater and make some bucks out of it, them you would have to pay for the copyright with the 'extended period rule'.

If you are musician and want to sing the song in your show, you would have to pay for copyright.

The logic here goes to anyone that might sell others people labor while getting it for free. This should be protected by the copyright law, more or less the way it is now.

But for private consumption, just giving enough time that would not be reasonable to just "wait for when its free" for people that otherwise would be buying is enough.

If your kids want to watch the new Avengers movies that cost just 10 bucks, who would wait 3 years for such a small value?

The problem is the whole industry is still stuck in the 20th century where products were all physical goods.

The digital realm and copies are here to stay, they are fighting against the tide, and one day they will wake up that its a lost battle.

> A compromise is to retain the existing copyright periods (after which works go to the public domain),but after 5-10 years of creation, works would become free for non commercial distribution. So Netflix would still have to pay for movies in their catalog. But me torrenting it from people freely sharing it and playing it on VLC would be legal.

Yes, that's basically it. But 10 years is too much and unnecessary. Within 3 to 4 years anything stop being fresh. People that buy things when they are fresh are no longer interested, and its enough time to make it if your piece had a bad first launch, but by virtue started to catch-up and make some bucks to the creators.

The key is to define a period of time where the piece might stop trending until very few people pay for them. Analitics might help to get a reasonable period for each media.

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

#323

Earlier quoted context omitted.

> Youtube-dl is executing code as a World Wide Web user agent, provided by Google/YouTube [...] I'm guessing that's a typo, and this was actually meant to say the following? > Youtube-dl is executing code as a World Wide Web user agent, accessing a service provided by Google/YouTube [...]

No, the code is provided for the purpose enabled by ytdl. I'll try to clarify that elsewhere: > Youtube-dl is executing code provided by Google/YouTube, for Wold Wide Web user agents, as a World Wide Web user agent, and meant to be accessed _and run_ by user agents in order to access YouTube content. That is, youtube-dl's operation is entirely within YouTube's technical design and intent.

Wait, but it doesn't execute analytics or run ads.

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

#324

Earlier quoted context omitted.

youtube-dl is not, strictly speaking, a downloading tool. It's an access tool. You want to access YouTube videos through an alternate client, as is your legal right in the European Union ? youtube-dl is a useful library for the job. You can use youtube-dl to download videos, but the intended use here is clearly for watching them. Just because syringe needles are tested on (and advertised for) human skin and are also…

> You want to access YouTube videos through an alternate client, as is your legal right in the European Union? Do you have a source on this? I can't find anything about this through a quick Google search, but I'd love for this to be true.

The EU directive is a bit different to the implementations I've seen (which are stronger), but you still have a right to create such an alternate client (if it's sufficiently different in its expression, which youtube-dl clearly is):

https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:... article 6(1):

> 1. The authorisation of the rightholder shall not be required where reproduction of the code and translation of its form within the meaning of points (a) and (b) of Article 4(1) are indispensable to obtain the information necessary to achieve the interoperability of an independently created computer program with other programs, provided that the following conditions are met:

(a) you're allowed to use YouTube, (b) YouTube is undocumented, (c) this only applies to relevant parts of the code.

> 2. The provisions of paragraph 1 shall not permit the infor­mation obtained through its application:

to be (a) used for other stuff, (b) distributed, (c) used for cloning or copyright infringement.

> 3. In accordance with the provisions of the Berne Convention for the protection of Literary and Artistic Works, the provisions of this Article may not be interpreted in such a way as to allow its application to be used in a manner which unreasonably prejudices the rightholder's legitimate interests or conflicts with a normal exploitation of the computer program.

Creating youtube-dl isn't infringing on anyone's copyright, and the rightsholder here is Google, so it's allowed. There's wiggle room for arguing – it's not as cut and dry as most Big Bold Legal Statements I make, so iamnotalawyerandthisisnotlegaladvice – but I'm fairly sure this is sound.

In the UK, you have unequivocal rights to do this. https://www.legislation.gov.uk/ukpga/1988/48/section/50B, based on this directive, says:

> (3) In particular, the conditions in subsection (2) are not met if the lawful user—

> (a)has readily available to him the information necessary to achieve the permitted objective;

> (b)does not confine the decompiling to such acts as are necessary to achieve the permitted objective;

> (c)supplies the information obtained by the decompiling to any person to whom it is not necessary to supply it in order to achieve the permitted objective; or

> (d)uses the information to create a program which is substantially similar in its expression to the program decompiled or to do any act restricted by copyright.

The wording in (d), here, is clearer than the EU directive – unless youtube-dl's existence can somehow be shown to be a copyright violation (specifically, if its creation was an act restricted by copyright), it's permitted. Not sure whether this would help in an EU court, but if other countries' implementations have taken the obvious interpretation of the directive, then the other language versions of the directive are probably clear on the matter.

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

#325
post #323

Earlier quoted context omitted.

No, the code is provided for the purpose enabled by ytdl. I'll try to clarify that elsewhere: > Youtube-dl is executing code provided by Google/YouTube, for Wold Wide Web user agents, as a World Wide Web user agent, and meant to be accessed _and run_ by user agents in order to access YouTube content. That is, youtube-dl's operation is entirely within YouTube's technical design and intent.

Wait, but it doesn't execute analytics or run ads.

Which are neither 1) acts infringing RIAA / members' copyrights (this is literaly not copying creative works, nor 2) an anti-circumvention action.

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

#326
post #135

It's a fun hack, but to those thinking about streisanding the source: The strength of ytdl and other downloaders isn't their source code, it's the extensive library of scrapers that are tailor-made for individual sites. The devs have to constantly maintain and update those to keep working when a site changes its design. So if the takedown manages to stop ongoing development on ytdl then even existing copies will beco…

Would it not be possible to move to some decentralized Github alternative?

Something like... git? Git is designed from the start to work for decentralized workflows, development could continue without too much issue by sending patches by email instead of pull requests by github.

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

#327

Earlier quoted context omitted.

youtube-dl is not, strictly speaking, a downloading tool. It's an access tool. You want to access YouTube videos through an alternate client, as is your legal right in the European Union ? youtube-dl is a useful library for the job. You can use youtube-dl to download videos, but the intended use here is clearly for watching them. Just because syringe needles are tested on (and advertised for) human skin and are also…

> youtube-dl is not, strictly speaking, a downloading tool. It's an access tool. What you’re describing is a circumvention device. The DMCA explicitly outlaws these. 17 U.S. Code § 1201 https://www.law.cornell.edu/uscode/text/17/1201

um.. simple.. move the code out of the US region then.

it's perfectly legal in EU

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

#328
post #180

Earlier quoted context omitted.

> scihub gives people what they are likely already paid for No, as long as the researcher was not bound by the grant to publish in the open and published in a journal/conference with a copyright, you do not have the legal right to get it, even if taxpayers funded the research. It’s fucked that the law doesn’t stipulate open publications for taxpayer funded research, but that’s an issue with the law. Academic publishi…

You're countering what I perceive to be moral argument with a legal one, which would be a category error.

“Fraud”

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

#329
post #292

Earlier quoted context omitted.

Actually I found the statement "guns don't kill people, people kill people" very oxymoronic. Sure one might argue that if you have the intent to kill, it's not necessary for one to use a gun, you have alternatives such as grenades, knives, chainsaw or even your bare hand if it's lethal enough. This is how you derive that "the gun is not evil, it's the people who are" statement. But guns, under the category of firearm…

There is nothing intrinsically evil about a gun. You might as well say that a knife, pen or any other inanimate object is intrinsically evil. Also, there is nothing intrinsically evil about defending yourself.

Oh, but in most cases there is something intrinsically evil about killing to defend yourself.

Like whenever you're not facing a murderous psychopath.

It's a tragedy when two people who have a gun feel the need to kill the other, over nothing more than the fear that the other might have and use one too. Even if one was breaking into the house of the other.

If you're a healthy human being you don't want to kill the intruder, you want to be safe. Neither does the intruder want to kill you, they want to get away with your stuff.

Two people not wanting to kill, being forced to kill simply by the presence, or even just the possible presence of a gun.

If you can't see the intrinsic evil in that, then I guess you must really think lightly about killing people.

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

#330
post #212

Earlier quoted context omitted.

GitHub is not a safe place to develop software that has an association with piracy, nor would any centralized service.

What piracy are talking about?

In the case of YouTube-dl they had test cases supporting downloads of DRM'd material. Specifically "Shake it Off" by taylor swift.
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