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TikTok streaming software is an illegal fork of OBS

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Re: TikTok streaming software is an illegal fork of OBS

#471
post #421

Earlier quoted context omitted.

I would say the entire world economy is based on people taking other people's ideas and running with them. Steve Jobs was a Silicon Valley folk hero, no? Was he known for implementing his original ideas?

What ideas did Steve Jobs illegally copy?

that's an oxymoron. ideas are inherently non copyrightable

Re: TikTok streaming software is an illegal fork of OBS

#473
post #404

Earlier quoted context omitted.

https://lwn.net/Articles/61292/ provides a great explanation > There is no provision in the Copyright Act to require distribution of infringing work on altered terms. What copyright plaintiffs are entitled to, under the Act, are damages, injunctions to prevent infringing distribution, and--where appropriate--attorneys' fees. A defendant found to have wrongfully included GPL'd code in its own proprietary work can be m…

I thought the latest lawsuit from Software Freedom Conservancy was interesting, they are suing as a third-party beneficiary of the GPL (not as a copyright holder, although they probably could do that too in this case) and seeking specific performance of the GPL violator (Vizio) and of course legal costs, but no damages. The specific performance they want is of course GPL compliance. As part of the case, they are basi…

> If any trolls try it, all they get is GPL compliance, so they have no incentive to try it.

Not necessarily. The Conservancy chose not to ask for monetary damages, but that doesn't mean their legal theory inherently precludes asking for them; a troll could still do so. Though (IANAL) it seems like it might be hard as a TV buyer to prove that you were damaged in any significant monetary amount.

Re: TikTok streaming software is an illegal fork of OBS

#474

People are misunderstanding this and claiming it's not problematic. Ben Torrell (an OBS developer) notes later in the thread that there is indeed GPL code compiled into TikTok's executables; since source is not available and they have not got another license, it is unlicensed and hence illegal.

It is absolutely problematic. Corporations will go to hell and back to make sure their IP rights are respected. The open source community should expect nothing less from them.

My experience in companies using FOSS licensed code is a bit dated, but back then their opinion was more close to "we can do as we want with their code, those are just a bunch of hippies". I'm sure things have changed in almost two decades, but the sooner TikTok gets a letter from a law firm, the better.

Re: TikTok streaming software is an illegal fork of OBS

#475

People are misunderstanding this and claiming it's not problematic. Ben Torrell (an OBS developer) notes later in the thread that there is indeed GPL code compiled into TikTok's executables; since source is not available and they have not got another license, it is unlicensed and hence illegal.

I don’t mean any disrespect to anyone but can we go back to basics? Copyright applies to creative expressions. Purely functional expressions are not copyrightable. Regardless of license, only creative expressions within the work are protected. That said, what portions of the work are creative?

Computer programs are as copyrightable as literary works, and generally are counted as such within the context of copyright (see https://wipolex.wipo.int/en/text/295166). Please point out where it is determined that one has to demonstrate the "creativity" of a literary work before it is protected by copyright laws.

Re: TikTok streaming software is an illegal fork of OBS

#477

Earlier quoted context omitted.

I believe the parent poster implicitly meant "as long as it's copyrightable" as a caveat

So copyrightable is 2 char?

One of the first tests for infringement is "substantial similarity"(see [1] for example). If you claim copyright infringement on the basis of any small number of characters your case will be tossed by the judge. There isn't a specific number of characters that need to be copied before it becomes "substantial" because the court gets to rule on that based on the context etc.

[1]https://www.legalzoom.com/articles/copyright-infringement-an...

Re: TikTok streaming software is an illegal fork of OBS

#478
post #452

Earlier quoted context omitted.

There is a "data minig" exception from copyright law, saying that you can use any available code to feed your AI and don't have respect the license. And the output of your AI is yours. So TikTok could claim they either use Copilot, which was fed OBS source, or that they created their own private AI similar to Copilot. Microsoft showed the way. It hasn't been tested at court AFAIK, but if a company can use this defens…

Is there? Can you point it out to me? I’ve looked, but haven’t been able to find it. I imagine it’d be somewhere on this page, in section 107 or later [0], but I haven’t actually found a clause which looks like it either has the intent or side-effect of making “data minig” exempt from having to obey copyright requirements. [0]: https://www.copyright.gov/title17/92chap1.html#107

In the UK there is a data mining exemption to copyright for non-commercial research if you otherwise have "lawful access" to the work [1] but it clearly wouldn't cover something like copilot and just allows you to build the model. It doesn't give you a copyright exemption if the outputs of the model would otherwise be infringing on the copyright of the input material.[2]

[1] https://www.gov.uk/guidance/exceptions-to-copyright#text-and... [2] That is to say it is not mentioned, and to give you such an exemption it would need to be mentioned. Hasn't been tested in court either as far as I am aware

Re: TikTok streaming software is an illegal fork of OBS

#479

Earlier quoted context omitted.

Given that it only affects a beta client they could: - pay damage for the violation the the client, given that's only beta that would likely not amount to much - and stop the beta program, while replacing their OBS dependency with something completely different.

This is not how it works. Courts do not care that it's a beta.

Courts care about "equity" (restoring fairness). So the scope of the breach determines what is a fair remedy to make the plaintiff whole. A breach in a beta release (with lower circulation) would seem to be lower impact than a breach in a production release in that context.

Re: TikTok streaming software is an illegal fork of OBS

#480
post #452

Earlier quoted context omitted.

There is a "data minig" exception from copyright law, saying that you can use any available code to feed your AI and don't have respect the license. And the output of your AI is yours. So TikTok could claim they either use Copilot, which was fed OBS source, or that they created their own private AI similar to Copilot. Microsoft showed the way. It hasn't been tested at court AFAIK, but if a company can use this defens…

Is there? Can you point it out to me? I’ve looked, but haven’t been able to find it. I imagine it’d be somewhere on this page, in section 107 or later [0], but I haven’t actually found a clause which looks like it either has the intent or side-effect of making “data minig” exempt from having to obey copyright requirements. [0]: https://www.copyright.gov/title17/92chap1.html#107

It's literally the first search result for "data mining exception": https://www.copyrightuser.org/understand/exceptions/text-dat...

This is about EU and UK, but think about it, Microsoft Copilot is already doing it, and so far it seems like they will get away with it. So if feeding an open source code into AI and then using the output in a proprietary application is illegal in the US, then Copilot must be illegal. According to wikipedia in the US it falls under fair use because it is "transformative" https://en.wikipedia.org/wiki/Data_mining#Situation_in_the_U... however Copilot has been seen producing verbatim blocks of code matching some open source projects and so far no legal problems. Why couldn't TikTok claim the same?

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