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Downloading a video should be “fair use” as recording a song from the radio

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Re: Downloading a video should be “fair use” as recording a song from the radio

#92

Earlier quoted context omitted.

Yes. By design. Copyright law, and basically all other IP law, is explicitly and purposefully about allowing rent seeking. The idea is that in a completely unregulated market, it is impossible to make money from ideas after they are made public. Since making ideas public is good for society, we want to encourage people to continue to do this. Paying people is how we encourage people to do things. So we allow rent see…

Of course, we now have a torrential supply of available media, which markets strongly say is worth little to nothing. Apparently, given mass distribution tools and sufficient level of education, the public creates things on such a large scale that it can hardly be argued protectionist policies are necessary for them to exist. We also see that even with these protectionist policies, only a select few are ever even abl…

lol imagine if someone had copyright over 2-5-1 chord progressions lmao.

Re: Downloading a video should be “fair use” as recording a song from the radio

#93
post #71

The problem is that whether or not downloading a YouTube video can be fair use, the RIAA is alleging that youtube-dl is a copy protection circumvention tool. 17 USC 1201(a)(2) does not care about your fair use, it only cares about keeping copying tools off the market. To bring this back into the home recording of radio, it'd be as if Congress decided to ban the sale of tape decks that could record radio transmissions…

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 technological measure that effectively controls access to a work protected under this title; (B) has only limited commercially significant purpose or use other than to circumvent a…

Reading this I wonder if a computer program falls under "any technology, product, service, device, component, or part thereof". Has it been established that a computer program can be a protection circumvention tool?

Re: Downloading a video should be “fair use” as recording a song from the radio

#95

Earlier quoted context omitted.

> RIAA is alleging that youtube-dl is a copy protection circumvention tool "(3) As used in this subsection— (A) to “circumvent a technological measure” means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and (B) a technological measure “effectively controls access to a wo…

I am startled, and also glad, that record labels haven't put the screws to youtube enough to get them to implement widevine for music videos on youtube. Probably unworkable for the time being.

I'm currently feeling the need to back up youtube videos that are important to me, because I figure it will be much harder soon.

Re: Downloading a video should be “fair use” as recording a song from the radio

#96
A ton of history and literature has been basically wiped out over the centuries. That fact alone should make downloading media and storing it privately a natural right, just like monks copied writings in the middle ages to preserve them. Distribution is an entirely different topic.

Re: Downloading a video should be “fair use” as recording a song from the radio

#97
post #74

Earlier quoted context omitted.

In principle, if you want the post and comments without JS you can just pull the underlying ActivityPub document (application/activity+json). I made a command-line browser based on this idea: https://github.com/bentonedmondson/servitor

That's unfortunate. Sites used to not need JS to show static content.

Yep, the web used to be for distributing documents, but now it is becoming/has become more of an application VM [1]. But ActivityPub is a nice format for the document distribution use-case; it is a superset (in terms of features) of semantic HTML [2] and RSS and has higher level semantics (comment sections, profiles, etc) and no server-provided scripting nor styling.

[1]: https://docs.google.com/document/d/1peUSMsvFGvqD5yKh3GprskLC... [2]: any plain HTML page can be represented as an ActivityPub Article

Re: Downloading a video should be “fair use” as recording a song from the radio

#98
post #60

The problem is that whether or not downloading a YouTube video can be fair use, the RIAA is alleging that youtube-dl is a copy protection circumvention tool. 17 USC 1201(a)(2) does not care about your fair use, it only cares about keeping copying tools off the market. To bring this back into the home recording of radio, it'd be as if Congress decided to ban the sale of tape decks that could record radio transmissions…

I don't know or remember the details of the DMCA, but does it not require the copy protection to be of some reasonable effectiveness (e.g. reasonable cryptography)? Or does it consider the "copy protection" scheme protected regardless of how weak the scheme or claim is? I remember that in Finland, it was debated in courts whether breaking DVD CSS encryption using readily downloadable software was infringement upon an…

This sounds like a transposition[0] and translation error. The word "effective" has two meanings:

- Is strong enough to keep you from copying the thing

- Has the effect of keeping you from copying the thing

Congress intended the latter meaning and US courts adopted that. The first meaning would be self-defeating: once someone figured out how to break a copy protection system, it would no longer be effective, so you'd only be able to prosecute the first person to break the system.

If effective meant "is strong enough" I don't think DVD CSS would count because they specifically used export-grade encryption. The rule (part of ITAR, AFAIK) was that 40-bits was the max entropy you could have, specifically so the NSA could break foreign-operated encryption systems. But this is kind of silly - computers are getting faster all the time, so it seems odd that a measure considered copy protection yesterday would stop being copy protection today just because we can crack passwords faster.

[0] Transposition is the concept of copying EU regulations into member state law. I'm using the term slightly broader than EU law. While WTO rules don't have a direct transposition requirement, USTR conditioned lots of trade deals on transposing DMCA 1201 into local law.

Re: Downloading a video should be “fair use” as recording a song from the radio

#99
post #9

The hypocrisy of download defenders is exposed when re-distribution is the concern. Most content producers and publishers are fine with downloading as long as you don't re-distribute (which is theft), but we have no way of preventing that, so they are forced to close the download gate

It's not fucking theft. That is a literally insane and irrational position to take.

Re: Downloading a video should be “fair use” as recording a song from the radio

#100

The problem is that whether or not downloading a YouTube video can be fair use, the RIAA is alleging that youtube-dl is a copy protection circumvention tool. 17 USC 1201(a)(2) does not care about your fair use, it only cares about keeping copying tools off the market. To bring this back into the home recording of radio, it'd be as if Congress decided to ban the sale of tape decks that could record radio transmissions…

Am I the only one that finds it hard to engage with the RIAA as good faith actors? It feels similar to patent trolls whose business strategy is simply to leverage the court by exploiting poorly executed legislation.

As a musician who has dealt with them, no. They are for the big labels and distributors, not the artists.
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