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| October 23, 2020 | ||
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| GitHub | ||
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| Dear Sir or Madam: | ||
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| I am contacting you on behalf of the Recording Industry Association of America, Inc. (RIAA) and | ||
| its member record companies. The RIAA is a trade association whose member companies | ||
| create, manufacture or distribute sound recordings representing approximately eighty-five (85) | ||
| percent of all legitimate recorded music consumption in the United States. 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. | ||
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| Copyright Violations. We have learned that your service is hosting the youtube-dl source code | ||
| on its network at the following locations, among others: | ||
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| https://github.com/ytdl-org/youtube-dl | ||
| https://github.com/ytdl-org/youtube-dl/tree/gh-pages | ||
| http://ytdl-org.github.io/youtube-dl/ | ||
| https://github.com/benkeung/youtube-dl | ||
| https://github.com/cyberjacob/youtube-dl | ||
| https://github.com/elaopinska/youtube-dl | ||
| [private] | ||
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IvanFon
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| https://github.com/huangciyin/youtube-dl | ||
| https://github.com/jckelley/youtube-dl | ||
| https://github.com/LouisPlisso/youtube-dl | ||
| https://github.com/ojauch/youtube-dl | ||
| https://github.com/rbrito/youtube-dl | ||
| https://github.com/successLee/youtube-dl | ||
| https://github.com/trammel/youtube-dl | ||
| https://github.com/vs9390/youtube-dl | ||
| https://github.com/zackfern/youtube-dl | ||
| https://github.com/tosuch/youtube-dl | ||
| https://github.com/pornophage/youtube-dl | ||
| https://github.com/tejaskhot/youtube-dl | ||
| https://github.com/VideoUtils/youtube-dl | ||
| https://github.com/798221028/youtube-dl | ||
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| The above list includes a representative sample of the youtube-dl forks of the youtube-dl | ||
| source code being hosted on GitHub. Based on our review of the representative sample noted | ||
| above, we have a good faith belief that most of the youtube-dl forks are infringing to the same | ||
| extent as the parent repository. | ||
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| The clear purpose of this source code is to (i) circumvent the technological protection measures | ||
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haykam821
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| used by authorized streaming services such as YouTube, and (ii) reproduce and distribute music | ||
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Asday
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| videos and sound recordings owned by our member companies without authorization for such | ||
| use. We note that the source code is described on GitHub as “a command-line program to | ||
| download videos from YouTube.com and a few more sites.”1 | ||
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| 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 | ||
| example, as shown on Exhibit A, the source code expressly suggests its use to copy and/or | ||
| distribute the following copyrighted works owned by our member companies: | ||
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| • Icona Pop – I Love It (feat. Charli XCX) [Official Video], owned by Warner Music Group | ||
| • Justin Timberlake – Tunnel Vision (Explicit), owned by Sony Music Group | ||
| • Taylor Swift – Shake it Off, owned/exclusively licensed by Universal Music Group | ||
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BenLubar
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| The source code notes that the Icona Pop work identified above is under the YouTube Standard | ||
| license, which expressly restricts access to copyrighted works only for streaming on YouTube | ||
| and prohibits their further reproduction or distribution without consent of the copyright owner; | ||
| that the Justin Timberlake work identified above is under an additional age protection | ||
| identifier; and that the request for the Taylor Swift work identified above is to obtain, without | ||
| authorization of the copyright owner or YouTube, an M4A audio file from the audiovisual work | ||
| in question. | ||
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| We have a good faith belief that this activity is not authorized by the copyright owner, its agent, | ||
| or the law. We assert that the information in this notification is accurate, based upon the data | ||
| available to us. | ||
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| Anticircumvention Violation. We also note that the provision or trafficking of the source code | ||
| violates 17 USC §§1201(a)(2) and 1201(b)(1). The source code is a technology primarily | ||
| designed or produced for the purpose of, and marketed for, circumventing a technological | ||
| measure that effectively controls access to copyrighted sound recordings on YouTube, including | ||
| copyrighted sound recordings owned by our members. For further context, please see the | ||
| attached court decision from the Hamburg Regional Court that describes the technological | ||
| measure at issue (known as YouTube’s “rolling cipher”), and the court’s determination that the | ||
| technology employed by YouTube is an effective technical measure within the meaning of EU | ||
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| 1 | ||
| See https://github.com/ytdl-org/youtube-dl/blob/master/README.md#readme. | ||
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| and German law, which is materially identical to Title 17 U.S.C. §1201 of the United States | ||
| Code. The court further determined that the service at issue in that case unlawfully | ||
| circumvented YouTube’s rolling cipher technical protection measure.2 | ||
| The youtube-dl source code functions in a manner essentially identical to the service at issue in | ||
| the Hamburg Regional Court decision. As there, the youtube-dl source code available on | ||
| Github (which is the subject of this notice) circumvents YouTube’s rolling cipher to gain | ||
| unauthorized access to copyrighted audio files, in violation of YouTube’s express terms of | ||
| service,3 and in plain violation of Section 1201 of the Digital Millennium Copyright Act, 17 U.S.C. | ||
| §1201. | ||
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| Indeed, the comments in the youtube-dl source code make clear that the source code was | ||
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| designed and is marketed for the purpose of circumventing YouTube’s technological measures | ||
| to enable unauthorized access to our member’s copyrighted works, and to make unauthorized | ||
| copies and distributions thereof: they identify our member’s works, they note that the works | ||
| are VEVO videos (virtually all of which are owned by our member companies), they | ||
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| acknowledge the those works are licensed to YouTube under the YouTube standard license, and | ||
| they use those examples in the source code to describe how to obtain unauthorized access to | ||
| copies of our members’ works. | ||
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| In light of the above noted copyright infringements and anticircumvention violations, we ask | ||
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BenLubar
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| that you immediately take down and disable access to the youtube-dl source code at all of its | ||
| locations where it is hosted on GitHub, including without limitation those locations in the | ||
| representative list set forth above. | ||
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| This e-mail does not constitute a waiver of any right to recover damages incurred by virtue of | ||
| any such unauthorized activities, and all such rights as well as claims for other relief are | ||
| expressly reserved. | ||
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| You may contact me at RIAA, [private] Tel. [private], | ||
| or email [private] to discuss this notice. | ||
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| Sincerely, | ||
| [private] | ||
| [private] | ||
71 comments
on commit bccf7d0
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Clowns
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They are speaking as if all of the content on YouTube is theirs.
This is such an indirect correlation. So I could upload a video of my cat dumping a fat load into my toilet onto YouTube under the YouTube license, and that gives me the rights to take down a GitHub repository that downloads videos from data which is publically available on YouTube's API? That seems kinda iffy to me.
This seems more like Google's fight to me, and from how they've reacted (which is not at all, the code that exploits their API has been available on GitHub for years) they don't seem to care much.
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Can't wait for youtube-dl to file a counterclaim, the RIAA have no grounds to copyright strike this repository. I'm an artist and producer and I definitely do not support the RIAA's decision here.
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RIAA and all their member record companies are such a cancer to the humanity...
Developers, artists, content creators please move to the donation based approach, stop bending your knees to such companies! Make products for people instead! By sharing our work with each other and building upon each other's work we speed up our collective development progress and improve the lives of everyone, Imagine how slowly our lives would improve if all of science was licensed and close-sourced?
"Open-source" and "open-content" projects like PBS Space Time and thousands of others have demonstrated that it's possible to earn a lot of money by making their content available for free, instead of selling out all their hard work to large greedy corporations, and making it difficult for everyone to download, enjoy, and learn from.
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Thanks RIAA /s
While we're at it, why not DMCA OBS? Or maybe Chromium? Heck, let's go for all the networking code! /s
(just in case, can't be careful enough - what I just said above is sarcasm, as can be recognized by the /s.
RIAA, please go to extra-hell.)
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more like RI gay gay
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This one-liner here essentially replicates youtube-dl's functionality. (Not that it matters, I still have youtube-dl installed on my system and the RIAA can't delete it from my hard drives.)
curl 'https://www.youtube.com/watch?v=BaW_jenozKc' | perl -ne 'print if s/.*ytplayer\.config\s*=\s*(\{.+?});ytplayer.*/\1/' | jq -r '.args.player_response | fromjson | .streamingData.formats | max_by(.bitrate) | .url'
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Good going guys. Next time DMCA LibTorrent!
Don't give them ideas, imagine they DMCA cURL 😂
wait NO.
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I would just like to point out that the content of this DMCA request as it was presented to the community lacks any evidence of the mentioned unlawful(?) behavior and as such it presents itself only as a wild accusation of the mentioned behavior at which case i in good faith believe that it shoudn't be actionable by GitHub/Microsoft at which case the GitHub users should question the integrity and code safety of the provided service.
(i) circumvent the technological protection measures used by authorized streaming services such as YouTube
Furthermore RIAA seems to attempt to represent Google, Inc. to which i don't see any written permission (stated in general terms assuming that German and USA law mentioned) to do so nor any any law granting them the permission to issue a DMCA takedown on grounds of allegedly software that circumvents the technological protection of YouTube.
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Riaa 🤡
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I've forked the youtube-dl repo and removed all dmca infringement from the repo.
https://github.com/moom0o/youtube-dl
The fucking RIAA clowns took down the original repo for having VEVO videos as TESTS
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Good going guys. Next time DMCA LibTorrent!
Don't give them ideas, imagine they DMCA cURL 😂
wait NO.
They can't, they also use it
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F
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Very dumb letter. Web browsers execute the same javascript code that youtube-dl does to determine the URL to download the video from.
Executing javascript provided by YouTube on the video's webpage to access the video URL is not circumventing a DRM technique. Germany's thoughts about explicitly reverse engineering the highly complex "DRM" scheme[1] doesn't apply when youtube-dl is simply executing the code provided to it. All the scare tactics about linking to pop music hosted on YouTube in test cases, and supposed malicious intent is all disingenuous bullshit.
[1]:
var q = r.substr(34, 48).split("").reverse().join("");
var p = r.substr(0, 33).split("").reverse().join("");
r = q.substr(45, 1) + q.substr(2, 12) + q.substr(0, 1) + q.substr(15, 26) + r.substr(33, 1)
+ q.substr(42, 1) + q.substr(43, 1) + q.substr(44, 1) + q.substr(41, 1) + q.substr(46, 1)
+ p.substr(32, 1) + q.substr(14, 1) + p.substr(0, 32) + q.substr(47, 1);Will this be the DeCSS of our time?
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F
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bruh.
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Dear RIAA, Go take a flying leap. That is all.
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F
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Dear Github, deny their "request"
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why.
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F
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💩
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RIAA should issue DMCA takedown to Google for Chromium source code that allows users to download copyrighted content from YouTube for playback in the browser. 🙃
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every person can get music URLs of YouTube videos using the built-in devtools provided by all the modern browsers, maybe RIAA should ask browser developers to remove devtools?
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This is ridiculous, there's so much more in youtube-dl than just youtube. Taking down the whole project is just reckless - censor first, ask questions later.
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F*** RIAA, kthxbye
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F before this comment section get locked
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Wow. Just wow.
First time I've heard of RIAA in years!
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This DMCA claim is a joke. Youtube videos are cached by browsers so they would have to file DMCA claims for all browsers too if they want to be coherent. Also as stated by @InfoTeddy you can use command-line utilities such as curl with perl to obtain a youtube video. So again they should make DMCA claims for curl, perl, and essentially any tool that is able to perform HTTP requests, which doesn't make any sense.
This demonstrates that the legal team at RIAA doesn't have any knowledge of how these tools work.
The tool is never the problem, as it can be used to do so many things. The problem is how some people may use it and that doesn't give you the right to DMCA claim anything that may be used against your company. False DMCA claims should be harshly punished by the law.
I hope that a counter-claim is filed and that the repo is reenabled.
This one-liner here essentially replicates
youtube-dl's functionality. (Not that it matters, I still haveyoutube-dlinstalled on my system and the RIAA can't delete it from my hard drives.)curl 'https://www.youtube.com/watch?v=BaW_jenozKc' | perl -ne 'print if s/.*ytplayer\.config\s*=\s*(\{.+?});ytplayer.*/\1/' | jq -r '.args.player_response | fromjson | .streamingData.formats | max_by(.bitrate) | .url'
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literally why
hi megumin, im sad too
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I'm just gonna leave this here
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That's a straight 1984 move. 🖕
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https://www.youtube.com/watch?v=3M9iKwE2A9A Video from 2008, couldn't fit better
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Absolute horseshit, as if the Google cancer at Youtube wasn't enough
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RIAA instead of doing fundraising for artists impacted by COVID-19 is going after tools users use for everything except downloading music illegally. Nice Job RIAA.
PS: Who downloads music from youtube these days? Everyone uses spotify now, wake up.
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RIAA instead of doing fundraising for artists impacted by COVID-19 is going after tools users use for everything except downloading music illegally. Nice Job RIAA.
PS: Who downloads music from youtube these days? Everyone uses spotify now, wake up.
Yeah lmao let me just get my music from the LOWEST QUALITY source possible. I sure do love listening to transcodes of transcodes of transcodes.
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-
Please refrain from posting potentially offensive, off-topic, and inappropriate comments as posted by @liamcottam, @Terradice, @lorpus, @dic1911, @ivanka2012, and others. Doing so could possibly hurt the case, and doesn't meaningfully contribute to the conversation / building of a case.
This point especially applies, when the second part of your comment contains a meaningful point. The comment could be dismissed due to the first part. You may use https://languagetool.org to check for discouraged keywords. -
As in the unwritten gh etiquette, comments with a random word, 'F', or similar, don't add to the conversation. This only makes other comments harder to read (due to the volume) and sends out unneeded notifications to everyone involved.
Paying respects is fine, you may click 👍 on the first 'F' comment. -
We get it, most things that have been on the internet will be copied, archived, and stay on the internet. There's plenty linked to here already, there's no need to advertise yours, as doing so once again, sends out notifications, adds to the volume, additionally potentially getting you unwanted attention of both the copy, and the size of your ego.
If anyone mentioned would like to acknowledge their errors, I'm happy to remove the mentioned username. Contact me via e-mail.
Thanks.
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@jtagcat frivolous DMCAs begets frivolous comments. My comment was just in the spirit of the filing, a complete and utter joke.
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@jtagcat frivolous DMCAs begets frivolous comments. My comment was just in the spirit of the filing, a complete and utter joke.
Yep, but I stand by the statement, that handling shit professionally no matter the other side still holds value. Be it in the other side understanding, or a third side, determining the outcome, having respect and a more favourable opinion.
In addition, the other side, or equivalent party, is less likely to make the next case, when the first case is shut down swiftly, with communication being dead serious ('destroying' the other side, why would the next party want to risk resulting strongly defeated?).
If the other side, or the public (including other 'opponents') smells internal uncertainty, wobbliness; or better worded, lack of strong unity, without hesitation; you'd have more inquiries to deal with.
From the perspective, if handled well, gh might choose not to take down the repos immediately, when the next DMCA arrives.
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@jtagcat my opinion bears no weight in American law as a British citizen. They've shown no compassion or regard by filing a DMCA and a cease-and-desist against an ex-maintainer, and I think most don't look upon that with a professional demeanour.
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F
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RIAA has never benefited actual people, just heartless executives.
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What I don't get is why it seems like no one fights these abuses of DMCA (including some entities that have the resources to do so). It's like they get hit and just roll over. There really needs to be a class-action suit filed against the RIAA and others that abuse the DMCA system as it's long overdue in order to get those that abuse it to cease and desist. I can understand legitimate cases of content being stolen, but when it's used either because of a faulty bot making bad claims, or an entity/group that is being greedy, they need to face the same consequences that we would rather than get special treatment and allowed to keep on the same track.
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This is really not cool. Some people screw it up for others. We now have no way to rebroadcast our church services to other platforms. Not cool.
Could anyone please suggest alternatives? I ask as we are in South Africa and we have nothing to do with RIAA. They have zero jurisdiction here.
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f
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Could anyone please suggest alternatives? I ask as we are in South Africa and we have nothing to do with RIAA. They have zero jurisdiction here.
Seems to be backed up on gitlab https://gitlab.com/ytdl-org/youtube-dl
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imagine claiming song titles as copyright infringement smh
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Lesson learned: Be mindful of your test subjects.
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suck my 1mm
Could someone at GitHub clarify this? Is the Recording Industry Association of America given access to GitHub users' private repositories?