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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

#111

Post by Aaargh20318 »

schrodinger wrote: post #67
cookiengineer wrote: post #55

Earlier quoted context omitted.

Youtube is using base64 "encryption" * and the reason the court decided in favor of youtube in the youtube-dl case was exactly this reason. The court thinks that base64 is a legitimate way to establish copyright protection online. Yeah, not kidding you. The lawyers are this stupid. Honestly I think the law is broken, because it is designed by people not capable of doing technological decisions, for technologically re…

I feel like it doesn’t make a difference how good the “encryption” is, it displays intent that you wouldn’t like your data downloaded. Just like an open door to your house vs a really easy to pick locked door makes a big difference.

But base64 is not an a form of encryption, it’s just a different encoding. It’s not bad encryption, it isn’t encryption at all. How does that show intent?

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

#112

Post by boopmaster »

Modified3019 wrote: post #106
ComposedPattern wrote: post #95

Earlier quoted context omitted.

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.

They definitely will be, now that google is looking to more proactively enforce ads. But the biggest danger is that videos and channels can get removed by any, all, or no reason. -Copyright middlemen/parasites -Trolls -Shifts in what’s politically or advertiser acceptable (see: https://www.reddit.com/r/youtube/comments/14ddlng/unalived/ ) -Massive data loss (see myspace) -And especially the capricious whims of the ch…

I have music playlists turned to swiss cheese on paid streaming music services, and it's for that reason that I've turned to doing the unthinkable: buying mp3s like some kind of devolved luddite.

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

#113

Post by Brian_K_White »

Aaargh20318 wrote: post #52
kmeisthax wrote: post #8

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…

> RIAA is alleging that youtube-dl is a copy protection circumvention tool How is it circumventing copy protection? IIRC videos on Youtube aren't DRMed. What protection method do they claim is being circumvented exactly?

Where is the button on any official YouTube app or web interface that offers to save a local unencrypted file for an anonymous user?

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

#114

Post by boomboomsubban »

Delk wrote: post #60
kmeisthax wrote: post #8

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…

The DMCA says it needs to be "effective," but then defines it as

>technological measure "effectively controls access to a work" if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.

Which sounds like basically anything they call DRM is DRM.

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

#115

Post by whycome »

Brian_K_White wrote: post #113
Aaargh20318 wrote: post #52

Earlier quoted context omitted.

> RIAA is alleging that youtube-dl is a copy protection circumvention tool How is it circumventing copy protection? IIRC videos on Youtube aren't DRMed. What protection method do they claim is being circumvented exactly?

Where is the button on any official YouTube app or web interface that offers to save a local unencrypted file for an anonymous user?

I guess the right click button that allows me to “save link as” is circumventing a websites lack of a “download this image” button?

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

#116

Post by kragen »

kmeisthax wrote: post #102
extraduder_ire wrote: post #86

Earlier quoted context omitted.

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.

The problem is that if they implement Widevine they also need to license FairPlay, PlayReady, and Adobe's DRM schemes as well. Otherwise YouTube is effectively Chrome-exclusive. The reason why EME didn't lead to a catastrophic downfall of freedom on the Web is purely a function of DRM being expensive to license. Netflix can afford it but not YouTube, and YouTube creators generally don't want it[0]. Related note: if Y…

hey, that's a really good point that i hadn't thought of: either whatever is required to watch a youtube video isn't a 'technological measure that effectively controls access to a work' or it's illegal for youtube to host all those videos using incompetech music

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

#119

Post by tenebrisalietum »

verisimi wrote: post #107
kmeisthax wrote: post #8

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…

> This is why Section 1201(a)(2) needs to be struct from the law Perhaps it is becoming clearer that the law is an ass, written to serve special interests, and nothing to do with some sort of expression of morality or right and wrong. And that is all it has ever been. For myself, I cannot conceive of the hybris required in writing down a set of words that I would then expect others to follow. Imagine doing this at a…

If what you wrote is true, you should have a good answer to this: What special interest is served by laws against murder?

One's "heart" is at least as exploitable as a democratic law system.

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