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Media scraper Gallery-dl is moving to Codeberg after receiving a DMCA notice

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Re: Media scraper Gallery-dl is moving to Codeberg after receiving a DMCA notice

#43

Earlier quoted context omitted.

No one has the guts, time, or money to challenge it though

This is what groups like the EFF are for: https://en.wikipedia.org/wiki/List_of_litigation_involving_t...

In general no! The EFF is not interested in litigating laws that are firmly established! They spend their resources on cases that can set legal precedent.

When you call about something like this, they’ll try to give you some general advice and refer you to a law firm.

Re: Media scraper Gallery-dl is moving to Codeberg after receiving a DMCA notice

#44
post #4

It's important to remember that these projects are not violating copyright law, are not circumvention tools, and that filing a DMCA notice against them is in fact unlawful.

It's lawful if you have a good faith belief that it's a circumvention tool. It might even be true. Not having a download button is a copy protection measure as defined in the DMCA. If this project bypasses not having a download button, it's an illegal circumvention measure under DMCA.

> It's lawful if you have a good faith belief that it's a circumvention tool.

Is it? Isn't Section 512 the takedown section that applies to infringing works (e.g. notices require "Identification of the copyrighted work claimed to have been infringed", 512(c)(3)(A)(ii)) and Section 1201 the separate anti-circumvention section which has government-imposed criminal penalties but no private takedown provision?

Re: Media scraper Gallery-dl is moving to Codeberg after receiving a DMCA notice

#45

Earlier quoted context omitted.

Both should be done. Often the actual illegally hosted materials are on servers not friendly with takedown requests or will get immediately reloaded by the pirates. By going after the links it can cut off the ability for people to find the illegally hosted materials.

Seems like a strange way to attempt to police the internet by proxy. The Internet should ignore or route around people attempting to police how nodes connect to each other.

I agree that the larger Internet should be capable of routing lawful traffic through jurisdictions where such traffic is lawful to another jurisdiction where the traffic is lawful. But within a country for example local laws should be applied to the traffic.

Re: Media scraper Gallery-dl is moving to Codeberg after receiving a DMCA notice

#47

Earlier quoted context omitted.

Both should be done. Often the actual illegally hosted materials are on servers not friendly with takedown requests or will get immediately reloaded by the pirates. By going after the links it can cut off the ability for people to find the illegally hosted materials.

Is this like how in France, DNS resolvers are legally required to block certain websites? That's right, if you run "unbound" with default options in France you're a felon.

Yeah. The government can dictate what you are and aren't allowed to do. This is not a novel concept.

Re: Media scraper Gallery-dl is moving to Codeberg after receiving a DMCA notice

#48

Earlier quoted context omitted.

Seems like a strange way to attempt to police the internet by proxy. The Internet should ignore or route around people attempting to police how nodes connect to each other.

I agree that the larger Internet should be capable of routing lawful traffic through jurisdictions where such traffic is lawful to another jurisdiction where the traffic is lawful. But within a country for example local laws should be applied to the traffic.

There are two options here:

1) You can have an encrypted connection between two jurisdictions that have different laws, but then anyone can route around censorship because you don't know if they're discussing geopolitics or distributing DeCSS.

2) You can't have an encrypted connection between two jurisdictions that have different laws, which is >99% of all connections because even different cities have different laws, which is an Orwellian panopticon and the destruction of all privacy.

I'm going to have to insist we stick with the first one.

Re: Media scraper Gallery-dl is moving to Codeberg after receiving a DMCA notice

#49

Earlier quoted context omitted.

It's lawful if you have a good faith belief that it's a circumvention tool. It might even be true. Not having a download button is a copy protection measure as defined in the DMCA. If this project bypasses not having a download button, it's an illegal circumvention measure under DMCA.

The problem here is that the complaint seems to be filed by the copyright owner (or licensee) but the code is accessing piracy sites. There could be a circumvention case if the piracy site is the one filing the copyright complaint, but they have not.

    https://github.com/mikf/gallery-dl/discussions/9304#discussioncomment-16279674
I know for sure that at least some of the listed sites already remove content in response to fakku dmca. There is no fakku content on there.

    https://github.com/mikf/gallery-dl/discussions/9304#discussioncomment-16280050
they also list hentaifoundry which afaik is a site for users to post their own art and is certainly not a piracy site

Re: Media scraper Gallery-dl is moving to Codeberg after receiving a DMCA notice

#50
post #4

It's important to remember that these projects are not violating copyright law, are not circumvention tools, and that filing a DMCA notice against them is in fact unlawful.

It's lawful if you have a good faith belief that it's a circumvention tool. It might even be true. Not having a download button is a copy protection measure as defined in the DMCA. If this project bypasses not having a download button, it's an illegal circumvention measure under DMCA.

But that's a different process, not the usual notice-and-takedown notice procedure. If it's consider a circumvention device, there is no way to file a counterclaim, among other things.
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