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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

#51

Post by fweimer »

lmz wrote: post #34
echelon wrote: post #12

Earlier quoted context omitted.

Germany and the EU will probably kowtow to the US if the DMCA requests or lawsuits are brought by big enough players. Big money interests rub shoulders with US politicians, US politicians deal with their overseas counterparts. Therefore, big enough DMCA requests will be mentioned behind closed doors in the same breath as international trade and other geopolitical concerns. Money protects money in deals between close…

A DMCA takedown is targeted at the host and is a pre-lawsuit thing ("we claim X and if you take it down now your host is safe" via the DMCA Safe Harbor provisions). If they escalate to lawsuits then not sure it's significantly different in Germany vs the USA. It's not like Europe is free from things like blocking all of Cloudflare because the football league wants to.

This procedure only applies to copyright-infringing content, not to trafficking in circumvention devices. It seems that in this case, it's the latter.

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

#52

Post by fweimer »

notThrowingAway wrote: post #9
ernsheong wrote: post #6

They can just file another DMCA against Codeberg, what am I missing here?

That won't be easy because Codeberg follows German law.

And German law is more restrictive than U.S. copyright law, with fewer protections for content uploaders and service providers. There is also no concept of fair use that limits copyright.

I want Codeberg to succeed, but running an open code hosting platform (both in the sense that anyone can create an account, and the service source code is publicly available) in the European Union, and especially Germany, is extremely challenging from a legal perspective. Sadly, once they become successful and popular, they will have to implement all kinds of weird stuff, like proprietary scanners for potentially infringing content prior to publishing it.

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

#53

Post by perching_aix »

charcircuit wrote: post #5
ronsor wrote: 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.

Linking to piracy sites whose content is all blatantly stolen from artists does seem violating to me.

Which is heartbreaking (and I'd argue misleading too), but not the whole story.

You can only issue takedowns in relation with material that you have copyright over. At least one of these sites I know for a fact routinely scrubs FAKKU licensed content, and abides by takedown requests.

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

#54

Post by bpavuk »

awakeasleep wrote: post #43
userbinator wrote: post #21

Earlier quoted context omitted.

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.

but can't it set a dangerous precedent if it escalates further?

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

#55

Post by ohhman11 »

What's up with people insisting that you need a lawyer to respond to a DMCA notice? That's some hilariously poor advice, like holy shit. I wonder if these same (presumably) rich idiots also hire a lawyer to read the terms of service when signing up for a service?

You absolutely do not need and should not spend money on a lawyer for this. The only way you're possibly going to get in trouble is if you're acting in bad faith, you don't need a lawyer to tell you if you are.

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

#56

Post by 47282847 »

direwolf20 wrote: post #36
ronsor wrote: 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.

Can you cite the relevant passages from the DMCA that support this argument? I have trouble bringing the two together.

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

#60

Post by ls612 »

dns_snek wrote: post #39
direwolf20 wrote: post #36

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.

> Not having a download button is a copy protection measure. That's absurd. Not having something is different from actively implementing measures to prevent something. I could similarly make the argument that any content that I can watch on my device doesn't really have copy protection measures because those bytes were purposefully copied into my display buffer. Anti-circumvention provisions are a cancer that needs t…

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