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YouTube-dl has received a DMCA takedown from RIAA

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Re: YouTube-dl has received a DMCA takedown from RIAA

#491
All: don't miss that there are multiple pages of comments in this thread. That's what the More link at the bottom points to. Or click here:

https://news.ycombinator.com/item?id=24872911&p=2

https://news.ycombinator.com/item?id=24872911&p=3

https://news.ycombinator.com/item?id=24872911&p=4

https://news.ycombinator.com/item?id=24872911&p=5

Re: YouTube-dl has received a DMCA takedown from RIAA

#492

Earlier quoted context omitted.

IANAL, but as far as I know GitHub has to comply with DMCA requests. Otherwise, they would lose their safe harbor protection and become liable for all distributions of copyrighted content through their service. However, GitHub is also required to reinstate `youtube-dl` if the creator files a DMCA counter-notice.

This is not a valid DMCA takedown request, as the claimant has not asserted copyright ownership of anything in the repository. This notice is a conflation of two separate aspects of the DMCA, the copyright takedown process and technological circumvention devices. If the RIAA wishes to claim that youtube-dl is a circumvention device, the proper route is to sue the authors of youtube-dl. This notice is an abuse of proc…

It seems like the right process is to mosey on over to gitlab. If gitlab properly defends the developer, that will continue the gradual github exodus to more open platforms.

Re: YouTube-dl has received a DMCA takedown from RIAA

#494

Earlier quoted context omitted.

IANAL, but as far as I know GitHub has to comply with DMCA requests. Otherwise, they would lose their safe harbor protection and become liable for all distributions of copyrighted content through their service. However, GitHub is also required to reinstate `youtube-dl` if the creator files a DMCA counter-notice.

This is not a valid DMCA takedown request, as the claimant has not asserted copyright ownership of anything in the repository. This notice is a conflation of two separate aspects of the DMCA, the copyright takedown process and technological circumvention devices. If the RIAA wishes to claim that youtube-dl is a circumvention device, the proper route is to sue the authors of youtube-dl. This notice is an abuse of proc…

It's not a DMCA Takedown Request. It's just a letter. Making a request to take a repo down. Anyone can write a letter.

Re: YouTube-dl has received a DMCA takedown from RIAA

#495

Earlier quoted context omitted.

How is this perjury? No one's under oath.

Perjury may or may not be the right term here, but it's definitely bad faith. EU and German legal definitions hold no weight on a US law. The repo contains no copyrighted material.

More importantly: they are not the copyright owners of the content being removed.

The DMCA doesn't magically give you the right to file "takedown requests" for circumvention devices: as stated elsewhere in this thread, they must sue in an appropriate United States venue.

This filing is absolutely in bad faith and the preparing attorney should actually face professional censure.

Perjury?

> Under penalty of perjury, we submit that the RIAA is authorized to act on behalf of its member companies on matters involving the infringement of their sound recordings, audiovisual works and images, including enforcing their copyrights and common law rights on the Internet.

Absolutely none of these things are applicable to this case.

Re: YouTube-dl has received a DMCA takedown from RIAA

#496
post #329

The removal of youtube-dl is a loss to the open source community. I hope this does not set a precedence going forward and that authors re-establish themselves (and the bug tracker, which had immense amount of information). At the same time, this lead me to browse the Github's DMCA repo, which has some real gems. For example, this DMCA takedown of repo with copied course assignment of a different student and did not c…

I remember back in 2008 I read a research paper on what to not do when publishing/advertising peer-to-peer networks in order to avoid stuff such as RIAA. Showing copyright-protected work in your website/screenshots/etc was a big thing. Sadly I cannot find the paper anymore and I don't remember all the advice :(

If someone here with a good research-paper-search-fu can find the paper, it would help help our community a lot. All I remember is that it was from some peer-to-peer conference, and I read it in 2008.

Re: YouTube-dl has received a DMCA takedown from RIAA

#497
post #116
post #45

How is this not perjury again? They need to be punished for this harshly.

What about this is perjury? The readme actually did encourage downloading copyrighted material...

Great! Then they should have sued the responsible party. Circumvention devices are not something the quintessential "DMCA takedown" process allows for or covers: these claims need to go to court where an injunction may be granted.

Re: YouTube-dl has received a DMCA takedown from RIAA

#498

Earlier quoted context omitted.

Someone should issue DMCAs for the Chromium and Firefox repos. Fight fire with fire.

That is extremely illegal.

Apparently not, since people get away with sending fraudulent takedown requests all of the time. Now that I think of it, has anyone ever been punished for abusing the DMCA?

Re: YouTube-dl has received a DMCA takedown from RIAA

#499
So, are they going to also issue a takedown for YouTube Premium next? Premium allows you to watch/listen without ads and also allows you to download videos for offline use. If I pay for YouTube Premium, there should be no problem with me using youtube-dl to timeshift the content I've already paid for. It's no different than using a DVR to record a show off a cable channel I pay to subscribe to.

Re: YouTube-dl has received a DMCA takedown from RIAA

#500
This should serve as an example to people who want (for example) the GNU project to relax their contributor copyright assignment practices. It only takes a single moment of complacency and the vultures will swoop in. In this case it was because of sloppiness around which urls were used in a demo. Yeah, all urls are the same to the guy who is building a url slurping service (which is why the take down will likely be defeated), but there is an entire profession dedicated to nothing but nit picking, loophole hunting, and general levels of pedantry that we have just come to call it lawyering. Layers are like cliffs or handguns. Stay as far away from them as possible, they are facts of life, but you really don't want to have anything to do with them unless you have no other option.
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