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

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131–140 of 253 posts

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

#131

Earlier quoted context omitted.

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.

No, they're not good faith actors, far from it. However, the sorts of bad faith actions they engage in are not violations of the law. "Implied covenant of good faith and fair dealing" is a provision of contract law, not copyright law.

It's also quite hard to be in violation of a law you more or less wrote and passed.

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

#132
post #39

It feels very human that we have a nearly post-scarcity delivery mechanism that we still optimize for rent seeking.

I love the precision with which you've said this - but I also I really need to feel like we need a better "general public" way to say it? I haven't figured this out yet.

I've always thought that reality has made their business model obsolete and untenable, so instead of adapting, they lobby and get laws written to protect it. Essentially "rejecting reality, and substituting their own".

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

#133

Mastodon without Javascript enabled: https://mastodon.social/@HalvarFlake/110883667162838296/embe...

Text-only:

     curl -A "" -40s https://mastodon.social/@HalvarFlake/110883667162838296/ \
     |sed -n '/./{/property=\"og:url\"/,/name=.description.>/{
     s/. name=.description.>//;
     s/

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

#134

Earlier quoted context omitted.

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.

IMHO it displays intent to require a browser that has JS, which yt-dl has sort of implemented.

Base64 doesn’t require JS, it requires a Base64 decoder, which either every language has, or any CS student who’s taken an algorithms class could write in a few hours for the language of their choice. Base64 encoding/decoding is the type of thing you could ask most applicants to write during an interview. It’s like saying they encrypted it in UTF-8.

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

#135

Earlier quoted context omitted.

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?

I'd assume that it's a way to make it so the average person can't just right click and choose download, or easily go into inspector. I know base64 isn't encryption but it's a minor hurdle to dissuade the average person hence my inference of intent (e.g. we made a token effort for you to not download, showing we are protecting our assets). IANAL though so I'm just hypothesizing, happy to be wrong.

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

#136
Recording a song from the radio is not fair use.

In Sony v. Universal, the usage of the VCR was justified based on a very narrow, very uncommon use case: if there were a TV show that aired exactly once, and for some reason you wanted to see it but couldn't, and it would never air again, you had the legal right to record one copy for later viewing. (I'm not sure if you had to destroy the copy after viewing it.) On that basis, and that basis alone, was the VCR ruled to have a legal use case. Otherwise it was pretty much a copyright violation device. Justice Blackmun, in his dissent, was clear that even making a single copy for personal use violates copyright law.

Fair use covers making excerpts of a work, not copying a full work, for purposes of reporting, criticism, parody, and the like. If you record or download a full song or video without permission, YOU ARE INFRINGING ON COPYRIGHT.

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

#137

Earlier quoted context omitted.

I wonder if a cassette deck connected to the computer is also a copy protection circumvention tool. I suppose it is?

1201(a)(2) prohibits selling tools that are either... - Only capable of breaking copy protection - Have minimal commercial utility other than to break copy protection - Are advertised as being able to break copy protection If you sold someone an aux cord with the marketing slogan "Copy music off Spotify and stop paying for your subscription", that'd violate 1201(a)(2) because of that third prong[0]. There's also plen…

Somewhere in my HDMI chain (Fire TV, Receiver, Splitter, HDMI capture), there is something that’s stripping/ignoring HDCP providing a throwback method of “time/format shifting” content from at least one of the big players. Obviously all of those components have other uses, but I’m happy one of them (probably the splitter or capture device) give me fair use back.

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

#138
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…

> 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)?

No. "Effective" is defined in section 1201 as meaning that the technological measure prevents copying "during the normal course of its operation" -- i.e., the "happy path" of the code prevents unauthorized copying. No matter how trivially the code may be broken, breaking it is a felony. A simple bit of JavaScript embedded in a page that prevents right clicks (to download images) would be an "effective technological measure" under the DMCA. If you put up a web page showing how to get around this with Chrome developer tools, you are "trafficking in circumvention tools" and can be found civilly/criminally liable under the DMCA.

Note that there are Library of Congress exceptions for circumventing, but not for trafficking. So you can figure out how to, say, rip DVDs yourself if doing so falls under a LoC exemption. But if you then turn around and publish how to do it, you are still in violation of the DMCA.

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

#140
post #139

Whats to stop me from playing a video full screen while I have a screen recorder? There are plenty of sites out there that can already convert youtube to mp3s

At least with some services/apps, screen recording only captures a black box around the video you want.
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