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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

#551
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…

insane that nintendo is so litigious that they send lawyers to take down fan-made games meant to be patched on Ocarina of Time. What, is this fan game gonna detract from the valuable income you're making on a 22 year old game for the Nintendo 64?? It's at their own detriment...

https://github.com/github/dmca/blob/master/2020/10/2020-10-0...

https://www.pcgamer.com/the-missing-link-is-an-impressive-an...

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

#553

I don't understand exactly how this works. Github receives a letter from a private organisation RIAA and then takes down the repository. How does Github know that this request is proper and youtube-dl is illegal? Just because it comes from RIAA? Did Github give the repository owners a chance to migrate to another service willing to host their content?

From the DMCA repository:

> It only means that we received the notice on the indicated date. It does not mean that the content was unlawful or wrong. It does not mean that the user identified in the notice has done anything wrong. We don't make or imply any judgment about the merit of the claims they make. We post these notices and requests only for informational purposes.

(IANAL) Github follows US copyright law (and probably other countries' copyright laws too), so they're required to take it down upon receiving a DMCA takedown request. If it's not a proper request, the repository owner can file a counterclaim, but that would open the repository owner to lawsuits.

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

#554
post #464

Worth noting the MPA already tried doing this to Popcorn Time, a BitTorrent client designed to provide a Netflix-like UX.[1] The Popcorn Time devs put in a counter-notice and the repository was back up a few weeks later when the period for the MPA to respond expired. The same thing will probably happen here because this is not one of the purposes of DMCA takedown letters, period. Even if there are inappropriate test…

It's interesting how many Github counternotices (e.g., [1] [2]) seem completely justified yet link to repositories that are no longer on GitHub. I wonder what happened. [1] in https://github.com/github/dmca/blob/master/2020/05/2020-05-0... someone forked a permissively-licensed project; the original author made the project-closed source, then issued a DMCA takedown against the fork. That's clearly bogus: you can't re…

Jetbrains is also constantly taking down cracks/piracy license servers/etc - see [0,1,2].

0: https://github.com/github/dmca/blob/master/2020/10/2020-10-0...

1: https://github.com/github/dmca/blob/master/2020/01/2020-01-1...

2: https://github.com/github/dmca/blob/master/2019/09/2019-09-0...

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

#555
post #4

Note that RIAA is making this takedown because the software CAN be used to download copyrighted music and videos, and it uses examples in the ~~README~~(unit tests, see correction[1]) as an example of that: > We also note that the source code prominently includes as sample uses of the source code the downloading of copies of our members’ copyrighted sound recordings and music videos, as noted in Exhibit A hereto. For…

actually that it is in the test cases instead of the readme makes it seem worse to me, after all the readme is not addressed to anyone in particular, they needed examples of things someone might do and they used popular videos (that happened to be copyrighted) as those examples.

But anyone running the test cases that does not have rights to those videos will have infringed, and then of course youtube-dl must also run their own test cases and we know they don't have rights to the videos.

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

#556
post #158
post #4

Note that RIAA is making this takedown because the software CAN be used to download copyrighted music and videos, and it uses examples in the ~~README~~(unit tests, see correction[1]) as an example of that: > We also note that the source code prominently includes as sample uses of the source code the downloading of copies of our members’ copyrighted sound recordings and music videos, as noted in Exhibit A hereto. For…

I think you are misunderstanding the legal argument. The DMCA Section 1201 specifically prohibits (among other things) technology that "is marketed ... for use in circumventing a technological measure that effectively controls access to a work protected under this title." The example in the README is evidence of this. The argument is that youtube-dl is primarily used for breaking DRM not just that it could be used fo…

But what is being circumvented? As far as I'm aware there are no controls put in place that are being circumvented.

Edit: I'm also curious why the riaa would have standing at all? Even assuming there is some protection being circumvented, it's not the riaa's control that is being circumvented.

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

#557

>Note that RIAA is making this takedown because the software CAN be used to download copyrighted music and videos Well, then please also Block all Browsers, SSH, Tunnel, etc. too, because you can use those too to easily download copyrighted material.

this is honestly the first Hacker News article in a few years that made me yell at my computer. pure insanity.

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

#558

Curious if anyone with legal expertise knows if this has legs? They say: > The clear purpose of this source code is to (i) circumvent the technological protection measures used by authorized streaming services such as YouTube, and (ii) reproduce and distribute music videos and sound recordings owned by our member companies without authorization for such use. But the "circumventing" is still accessing a stream the use…

Also, does the fact that YouTube doesn't supply a download feature constitute a "technical protection measure"? From the RIAA's point of view, it works to their benefit that a download link doesn't exist, and it may be something they like, but that doesn't mean that's why. It could just as easily be that a download feature doesn't exist because YouTube wants you to keep returning to their site if you want to rewatch…

The fact that youtube wants people to come back to the site and use servers, miles of wires, electricity, network machinery instead of letting them download videos so they can watch them from thumbdrive just says to me this company is unethical and harms environment. Any business model that forces people to be on the network without any reason other than greed, should be illegal. If you can stream the file, download option should be mandatory by law.

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

#559
post #302

Earlier quoted context omitted.

Also, does the fact that YouTube doesn't supply a download feature constitute a "technical protection measure"? From the RIAA's point of view, it works to their benefit that a download link doesn't exist, and it may be something they like, but that doesn't mean that's why. It could just as easily be that a download feature doesn't exist because YouTube wants you to keep returning to their site if you want to rewatch…

>Also, does the fact that YouTube doesn't supply a download feature constitute a "technical protection measure"? Yes, they have some sort of DRM, albeit a very weak one.

Last I checked normal youtube videos are just a MPEG-DASH/HLS stream, with no DRM.

What youtube-dl essentially does is reading the playlist and concatenating chunks together, there is no DRM circumvention here.

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

#560
post #4

Note that RIAA is making this takedown because the software CAN be used to download copyrighted music and videos, and it uses examples in the ~~README~~(unit tests, see correction[1]) as an example of that: > We also note that the source code prominently includes as sample uses of the source code the downloading of copies of our members’ copyrighted sound recordings and music videos, as noted in Exhibit A hereto. For…

Seems like putting that in the readme was pretty stupid. Intent matters in legal things, making the example infringing undermines the argument that the tool is good and some people are just bad. > This feels like DeCSS all over again. I think napster would be the better comparision (and especially napster compared to vcrs)

They did not put that in the readme. The README contains only references to test videos, videos that don't actually exist, and one small-time video (in spanish?) that seems to be an old test video, but I have a hard time seeing for sure.

The source code does contain references to copyrighted videos in the tests, tests intended to make sure that youtube-dl can download the data from videos using the extremely "token" signature scrambling that youtube employs for certain videos. You can see the test cases here:

https://gitlab.com/HacktorIT/youtube-dl/-/blob/master/youtub...

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