[HN Gopher] Update: YouTube-dl reinstantiated thanks to EFF (2020)
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       Update: YouTube-dl reinstantiated thanks to EFF (2020)
        
       Author : ericdanielski
       Score  : 375 points
       Date   : 2021-01-20 13:39 UTC (9 hours ago)
        
 (HTM) web link (assassinate-you.net)
 (TXT) w3m dump (assassinate-you.net)
        
       | jrochkind1 wrote:
       | > There is one thing that has been and is always going to be
       | counterproductive, especially in such situations: blind
       | actionism. Many people flooded the Internet (read: forums,
       | Reddit, bug trackers of projects), inciting panic and suggesting
       | to move to some other "free" hosted platform. This is clearly not
       | a solution. Any hosting platform will sooner or later have to
       | comply with such a request. It can become very expensive if you
       | end up in court.
        
         | 1vuio0pswjnm7 wrote:
         | [deleted]
        
           | stretchcat wrote:
           | AFAIK NewPipe does not use youtube-dl.
        
         | creatonez wrote:
         | > Any hosting platform will sooner or later have to comply with
         | such a request.
         | 
         | Gitlab so far has a history of not responding to bogus requests
        
         | RcouF1uZ4gsC wrote:
         | In addition, there is huge benefit if you can persuade a large
         | company to defend against this. GitHub/Microsoft is one of the
         | few entities that actually has the financial and legal
         | firepower to take on the recording and music industry.
         | 
         | The smaller hosts may not have the financial and legal cushion
         | to do anything but rollover if the music industry lawyers send
         | them a notice.
        
         | musicale wrote:
         | > Any hosting platform will sooner or later have to comply with
         | such a request. It can become very expensive if you end up in
         | court.
         | 
         | Yet it wasn't actually DMCA takedown request, but a strange new
         | kind of takedown request, where a a private company claimed
         | (falsely) that youtube-dl violated section 1201 and demanded
         | that github remove it.
         | 
         | Unfortunately github seems to have codified these new "1201
         | takedowns" which didn't seem to exist previously.
        
           | kmeisthax wrote:
           | Even if DMCA 512 doesn't cover DMCA 1201 violating
           | circumvention tools, that wouldn't make GitHub in the clear
           | to host them. If anything, it would actually increase their
           | liability: the whole point of DMCA 512 is to provide a
           | process by which an ISP can disclaim liability for
           | contributory copyright infringement.
           | 
           | If they refuse the request on the grounds of "you can't DMCA
           | a circumvention tool", then they're still liable regardless
           | of if a DMCA 512 takedown can or can't apply to a 1201
           | violation, since there's still an underlying tort of
           | distributing a 1201 circumvention tool. If they accept the
           | request, and get sued anyway, they could at least argue that
           | they have a safe harbor (or should have a safe harbor).
        
         | jsight wrote:
         | Advocating for even more centralization isn't necessarily more
         | productive. I'd love for someone to manage a mirror of all
         | github repos in a place that is less likely to face these kinds
         | of legal jeopardies.
         | 
         | Why not try to direct people toward that, rather than direct
         | them towards crossing their fingers and hoping the lone company
         | wins the fight?
        
           | withinboredom wrote:
           | Because the only way to "win" a "battle" is to take a stand
           | and "fight," running and hiding isn't winning.
           | 
           | By building up sufficient case law, everyone can do things
           | better and the next time this comes in front of law makers,
           | there will be a better understanding of edge cases and better
           | laws can be written.
           | 
           | I'd really love to see a Developer's Guild or Union that
           | could collectively take on these sorts of fights and argue
           | for all software devs. The EFF can't stand alone.
        
         | boomboomsubban wrote:
         | > Any hosting platform will sooner or later have to comply with
         | such a request. It can become very expensive if you end up in
         | court.
         | 
         | Given that this request was completely fraudulent, no matter
         | your take on whether youtube-dl itself is legal the project
         | itself is not an unauthorized post of copyright material,
         | doesn't this give groups like the RIAA a free pass to do
         | whatever they want until someone challenges them?
         | 
         | While it's good that github eventually returned it, their
         | willingness to comply with such a sham should make projects
         | consider moving from them.
        
           | Mindwipe wrote:
           | > Given that this request was completely fraudulent, no
           | matter your take on whether youtube-dl itself is legal the
           | project itself is not an unauthorized post of copyright
           | material, doesn't this give groups like the RIAA a free pass
           | to do whatever they want until someone challenges them?
           | 
           | The takedown request didn't claim the project was an
           | unauthorised post of copyright material. It claimed it was a
           | DRM circumvention measure, and US law is sufficiently vague
           | on that matter it really can't be said definitively one way
           | or another if that's correct unless someone is willing to
           | litigate it.
           | 
           | Nobody does, in this case. Certainly, describing the request
           | as "completely fraudulent" is wrong. It may or may not have
           | been valid, but the legislation is sufficiently vague in most
           | of the US and Europe that it's entirely possible this could
           | go to court and the RIAA would win.
        
             | boomboomsubban wrote:
             | >. It claimed it was a DRM circumvention measure
             | 
             | The takedown notices do not apply to DRM circumvention
             | measures, only copyright material.
             | 
             | I agree it's completely possible that a court case could
             | rule against youtube-dl, but the only method for taking
             | down a DRM circumvention tool is to get a court order.
        
               | Mindwipe wrote:
               | DRM circumvention measures don't have a takedown
               | provision as such, but the hoster becomes jointly liable
               | as soon as they are notified, which was the point of the
               | letter.
        
               | boomboomsubban wrote:
               | If this were true, it would make no sense for github to
               | have reinstated youtube-dl. I assume such legal liability
               | would need the start of a lawsuit to be valid.
        
           | wonder_er wrote:
           | Based on how easily the EFF resolved the problem by sending
           | that notice to GitHub, it feels like this could be an easy
           | problem to solve in the future..
           | 
           | The RIAA got effortlessly blocked here with a couple of
           | lawyer man hours, which contained information gathered from a
           | handful of really interesting blog posts.
           | 
           | I would say this entire story is something to celebrate,
           | because it shows how easily a single person could stop this.
           | 
           | Mitchell L. Stoltz, Senior Staff Attorney at the EFF signed
           | this letter, which probably took no more than handful of man
           | hours to compile.
           | 
           | Pretty great roi.
        
             | stretchcat wrote:
             | Not every project will have a sufficiently high profile for
             | the EFF to notice. Relying on the EFF like this doesn't
             | scale, isn't future proof, and doesn't address the long
             | tail of the problem.
        
               | munk-a wrote:
               | I think it'll most likely come down to a question of cost
               | per incident - while a couple of lawyer hours is
               | certainly relatively cheap if that same cost is required
               | for every similar RIAA take down request then you'd need
               | to look at how many hours it takes for RIAA to identify a
               | good target and produce a take down notice. The
               | effortlessness of this particular incident gives me hope
               | that if the volume of take downs increased then maybe the
               | EFF or someone else could essentially put together a form
               | reply.
        
             | boomboomsubban wrote:
             | >The RIAA got effortlessly blocked here with a couple of
             | lawyer man hours, which contained information gathered from
             | a handful of really interesting blog posts.
             | 
             | It's not clear that the RIAA needed to spend any real
             | lawyer man hours making the request, I don't think a
             | designated agent needs to be a lawyer but even if they do
             | they just send a form letter.
        
         | skocznymroczny wrote:
         | Any hosting platform in the US.
        
       | aryehbeitz wrote:
       | now sosumi is taken off snap store, probably due to pressure from
       | apple
        
       | ChrisArchitect wrote:
       | reinstantiated? or reinstated? this is not news (2020)
        
         | nicky0 wrote:
         | It's of interest.
        
         | ChrisArchitect wrote:
         | Further bulk of discussion from November:
         | https://news.ycombinator.com/item?id=25111726
        
         | musicale wrote:
         | It should probably be "reinstated" as you suggest.
         | 
         | And the title has been labeled (2020) as you suggest.
         | 
         | HN isn't up-to-the-minute "news" necessarily; the best date
         | I've seen recently on HN was (516). ;-)
        
       | lmilcin wrote:
       | Just a reminder, that for every reinstated project there is bunch
       | of other that are going to die without public support.
       | 
       | So no, the problem did not get resolved.
        
         | munk-a wrote:
         | I think the hope is that getting a few high profile counters
         | out there will have a chilling effect on the RIAA being so
         | cavalier with their notices - but I do agree that if the
         | counters would, in perpetuity, take hours of lawyers' time then
         | I'm uncertain if RIAA or the counter notices will scale better.
        
           | lmilcin wrote:
           | Except that it keeps happening constantly and platform-owning
           | companies just quietly "correct" the error and everything is
           | fine.
           | 
           | It is not a fair process if it requires you to get public
           | outrage.
           | 
           | Whenever I see a story of a kid which family succeeded to
           | collect money for an expensive treatment thanks to public
           | outcry, I always think about all those other kids who were
           | not so fortunate to get public interested in them.
           | 
           | Should we be happy that we got one of a thousand saved or
           | should we be thinking there is something fundamentally wrong?
        
       | wonder_er wrote:
       | It sounds like the _real_ "Lesson to be Learned" is:
       | 
       | "When a large organization makes asinine threats with spurious
       | reasoning, take a lawyer friend to lunch and help them draft a
       | sternly-worded email about the offending organization."
       | 
       | "Mail said letter to threatened party. No further action needed.
       | Go back to solving meaningful problems."
        
       | rurban wrote:
       | > more importantly, all the metadata (for example, issues and
       | pull requests) that was posted on the platform by users,
       | developers and maintainers. Such information is invaluable to a
       | project, and a takedown of the entire repository with all this
       | data can hurt a project very badly.
       | 
       | That's why you regularly need to update your issues with `git bug
       | bridge pull`. Then you have all the issues locally, and are not
       | bound to slick but the unfree website UI. You can edit and add
       | issues locally and push it eventually. Only problem is:
       | corabolation on issues with such a temp. took down GH project
       | relies on everybody interacting with it via git bug. But all the
       | bug refs are pushed upstream, wherever that is.
       | 
       | About lost pull requests: Regular remote branches are the
       | standard workflow, and an issue can carry the description, if the
       | commits are not descriptive enough.
       | 
       | Problems: issues are not numbered, only have hashes. They can be
       | merged out of order, there's no central truth. So references in
       | docs or commits need to use the hash, like bug #4e327af, not just
       | GH #403.
        
         | jhauris wrote:
         | For those down voting, can someone comment on why this would
         | not be a good idea? I hadn't heard of git-bug, are there other
         | caveats one should be aware of, or is there a reason this isn't
         | a problem worth solving?
        
           | bergstromm466 wrote:
           | Do they maybe want to be able to trust Github for the service
           | they claim to provide? And do they maybe agree with the
           | initial takedown?
        
         | inetknght wrote:
         | > _update your issues with `git bug bridge pull`_
         | $ man git-bug         No manual entry for git-bug         $ git
         | bug         git: 'bug' is not a git command. See 'git --help'.
         | The most similar commands are                 log
         | tag         $ git --version         git version 2.17.1
         | 
         | What is `git bug`?
        
           | michaelmure wrote:
           | See https://github.com/MichaelMure/git-bug
        
           | antman wrote:
           | Seems to be this one: https://github.com/MichaelMure/git-
           | bug#bridges
        
           | [deleted]
        
       | louloulou wrote:
       | Information doesn't want to be free - Cory Doctorow - Tech Forum
       | 2015: https://www.youtube.com/watch?v=-or9aNnz-CA
        
       | Matheus28 wrote:
       | Remember to donate to EFF if you support their work.
        
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       (page generated 2021-01-20 23:00 UTC)