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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

#31

Earlier quoted context omitted.

Through the DCMA lens, does a tool having the ability to download from example.com = linking to example.com?

In this case the files you could view on github literally had links directly to copyrighted works. It was not just that it was compatible with pirate sites.

Where? I looked at a copy from March 16, and I only saw placeholders like 12345 and 12345/67890abcde in the files mentioned in the issue

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

#32
post #31

Earlier quoted context omitted.

In this case the files you could view on github literally had links directly to copyrighted works. It was not just that it was compatible with pirate sites.

Where? I looked at a copy from March 16, and I only saw placeholders like 12345 and 12345/67890abcde in the files mentioned in the issue

Look in the test vectors and you will see ones that are not for generic ids.

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

#33
post #28

Earlier quoted context omitted.

For real. Use https://radicle.xyz/ if you want actual takedown resistance.

Or self-host Forgejo?

This is what the Eden switch emulator does ever since Nintendo went after them on GitHub.

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

#34
post #12

Earlier quoted context omitted.

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

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.

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

#35
post #29

It's exciting to me recently with the increase in copyright abuse and AI blurring the lines that more people are going to be involved with decentralized systems. There have been multiple different ways to host git repositories over DHT networks such as BitTorrent. Similarly there have been ways to run DHT backed commands for Linux package managers like apt. These tools often receive little praise because the value of…

I was actually just wondering if torrents were the way to go. I don't have any experience with github so not sure if torrents are at all suitable but I always had the thought that they were decentralized so once released hard to stop as long as someone has a copy.

https://radicle.xyz/

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

#36
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.

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

#37

Earlier quoted context omitted.

That seems like an argument to go after the actual alleged illegally hosted materials through the proper DMCA takedown request.

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.

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

#38
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.

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.

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

#39
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.

> 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 to die. They can be used to criminalize just about anything.

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

#40
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.

Is that the benchmark? A website that disables the right click to prevent visitors from saving the content can still be saved by the browser. That’s an active measure to disable downloads being circumvented by the browser. So is Chrome going down?
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