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We submit that the RIAA is unauthorized to act on behalf of its member companies on matters involving the DMCA takedown of youtube-dl. #8127

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sickcodes
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October 24, 2020

GitHub

Dear Sir or Madam:

I am contacting you on behalf of the community and its avid members. Sick Codes is a security
research group has no member companies. Without prejudice save as to costs, we submit that the
RIAA is unauthorized to act on behalf of its member companies on matters involving the DMCA takedown of youtube-dl. https://github.com/github/dmca/blob/master/2020/10/2020-10-23-RIAA.md

Copyright Violations.
We have learned that your service is hosting the following source codes
on its network at the following locations, among others:

https://github.com/youtube/youtube-chat-for-minecraft
Explicitty suggests using YouTube inside Minecraft.

https://github.com/youtube/yt-direct-lite-iOS
Explicity suggests saving videos to library that may upset recording artists that are members of the RIAA:
"Click Save Video to store the image in the library."

https://github.com/youtube/yt-auto-curate-ruby
Explicity suggests to "automatically "watch" a list of videos and take action when a new video is found that meets certain criteria."

https://github.com/youtube/yt-auto-curate-ruby
Explicity suggests to "automatically "watch" a list of videos and take action when a new video is found that meets certain criteria."

https://github.com/youtube/yt-watchme
Explicity suggests "creating a YouTube Live Streaming event and streams into that event.""

https://github.com/youtube/yt-android-player
Explicity suggests creating:

  • A simple YouTube Android API demo application which shows how to create a simple application that
  • displays a YouTube Video in a {@link YouTubePlayerView}.

https://github.com/youtube/yt-direct-lite-android
Explicity suggests using "an Android OS application that captures video, uploads it to YouTube"
This could be used to violate the rights of any user, anywhere, who does not wish to be filmed.

The above list includes a teeny, tiny, sample of the 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 above repositories are infringing to the same extent as the parent repository.

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. 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

We also note that the source
code prominently includes example use 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:

https://github.com/youtube/youtubechatbot
http://yourprojectid.appspot.com/?videoId=xxxxx

The source code notes that the various works on YouTube are licensed 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;
without authorization of the copyright owner or YouTube.

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.

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

Indeed, the code in the any of the source repos above make clear that the source code was
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
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.

In light of the above noted copyright infringements and anticircumvention violations, we ask
that you immediately take down and disable access to the the above 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.

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.

You may contact me on Twitter @sickcodes twitter.com/sickcodes,

Sincerely,
@sickcodes

@sickcodes sickcodes mentioned this pull request Oct 23, 2020
Explicity suggests to "automatically "watch" a list of videos and take action when a new video is found that meets certain criteria."

https://github.com/youtube/yt-auto-curate-ruby
Explicity suggests to "automatically "watch" a list of videos and take action when a new video is found that meets certain criteria."

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duplicated line

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Thx, will fix shortly

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. 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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Suggested change
download videos from YouTube.com and a few more sites.”1
download videos from YouTube.com and a few more sites.”

@vitalkanev
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This repository does not accept user pull requests. Developer should consider filing a counter notice instead.

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@IanDuncanT IanDuncanT left a comment

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Fix typos as listed in comments.

@abhiTronix
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https://sfconservancy.org/blog/2020/oct/26/microsoft-github-riaa-youtube-dl/

@jessephus
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Hi 👋🏽 We are closing this pull request, because we do not accept contributions to this repository. Feel free to keep the discussion going in this thread. Please just be mindful to keep the discussion respectful and consistent with GitHub’s Community Guidelines.

We understand that you may have questions about this takedown. Although we do not normally monitor comments posted to this repository, our team is reading through the comments and questions in this and other recent threads to see where we may be able to clarify our policies or answer some common questions. Thanks.

@jessephus jessephus closed this Oct 28, 2020
@shirt-dev
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Hi 👋🏽 We are closing this pull request, because we do not accept contributions to this repository. Feel free to keep the discussion going in this thread. Please just be mindful to keep the discussion respectful and consistent with GitHub’s Community Guidelines.

We understand that you may have questions about this takedown. Although we do not normally monitor comments posted to this repository, our team is reading through the comments and questions in this and other recent threads to see where we may be able to clarify our policies or answer some common questions. Thanks.

Can you clarify how that DMCA is legitimate?

@garymoon
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Can you clarify how that DMCA is legitimate?

Relevant: The RIAA’s fraudulent attack on youtube-dl is not a DMCA §512 infringement/safe-harbour, and the reality is weird

Even if it were agreed that the repository contained examples of how to commit copyright infringement with the tool, why should the project not be afforded the opportunity to rectify that and continue on?

@darkRaspberry
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you guys this isn't how DMCA works

Nobody Cares, the idea is to make noise so that someone with lawyers might take notice, like Microsoft.

Look like they noticed and closed this.
This is seriously very bad.

@Cellularhacker
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I have no idea why they closed this Thread.
This is really really really really bad situation

@Hans5958
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Hans5958 commented Oct 29, 2020

Ladies and gentlemen, may I have your attention on this court order added hours ago?

https://github.com/github/dmca/blob/master/2020/10/2020-10-23-RIAA-court-order.pdf
d26589b

@sickcodes
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Ladies and gentlemen, may I have your attention on this court order added hours ago?

https://github.com/github/dmca/blob/master/2020/10/2020-10-23-RIAA-court-order.pdf

Is that file 3 years old? Why are they uploading it now?

@Testsr
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Testsr commented Nov 3, 2020

Ladies and gentlemen, may I have your attention on this court order added hours ago?
https://github.com/github/dmca/blob/master/2020/10/2020-10-23-RIAA-court-order.pdf

Is that file 3 years old? Why are they uploading it now?

To prove that a case against similar behavior has been successful before. If it show that, I am not sure. BTW removing this notice, does not remove any DMCA claims.

@VideoGameSmash12
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HAHAHAHAHAHAHAHA
https://github.com/github/dmca/blob/master/2020/11/2020-11-16-RIAA-reversal-effletter.pdf

@sickcodes
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Reopen please, let alone merge thx 💚

@sickcodes
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sickcodes commented Nov 17, 2020

HAHAHAHAHAHAHAHA

https://github.com/github/dmca/blob/master/2020/11/2020-11-16-RIAA-reversal-effletter.pdf

FYI anyone subbed here who doesn't know yet, YouTube-dl back!

@Hans5958
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UPDATE: It's official, RIAA just got their L. youtube-dl is back, boys!

GitHub's statement:

youtube-dl's statement: ytdl-org/youtube-dl#27013

DMCA reversal letter:

(for those who aren't aware and future readers)

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