Nov 16, 2020

Is no one surprised that the EFF mentions the door at Moria? (page 2, second half)

https://github.com/github/dmca/blob/master/2020/11/2020-11-1...

Nov 16, 2020

Hmm they seem to be taking it from the approach that RIAA was sending a takedown on the grounds that youtube-dl was infringing on the copyright of their members, but that doesn't seem to be what the actual takedown claims. Instead it's requesting takedown on the grounds that youtube-dl is breaking protection measures in violation of 1201, and the answer given doesn't really address that except to say that breaking protection measures isn't infringement (which wasn't what they claimed in the first place).

EFF represented youtube-dl to get the repository reinstated, and their lawyers instead tried to prove that YouTube doesn't have DRM, and that the test cases provided were neither suggesting other people to infringe, nor infringing themselves (falling under fair use). The full response is here: https://github.com/github/dmca/blob/master/2020/11/2020-11-1...

Nov 16, 2020

Github links to the EFF letter [0] in the DMCA repo.

This letter spells out in clear, convincing and explicit detail why the RIAA was wrong.

Profit-making Github and Microsoft could have performed this analysis and championed developers themselves, but it was the non-profit EFF that actually did the work.

EFF deserves more credit than just a link for fighting against this shit.

[0] https://github.com/github/dmca/blob/master/2020/11/2020-11-1...

Nov 16, 2020

Thank the EFF for their letter: https://github.com/github/dmca/blob/master/2020/11/2020-11-1...

They explained why the DMCA has no grounds.

Nov 16, 2020

https://github.com/github/dmca/blob/master/2020/11/2020-11-1...

EFF did file a counter-notice

Nov 16, 2020

It's not treated differently at all - that's exactly what the EFF just argued in its response to the RIAA [1]:

> Because youtube-dl simply uses the "signature" code provided by YouTube in the same manner as any browser, rather than bypassing or avoiding it, it does not circumvent, and any alleged lack of authorization from YouTube or the RIAA is irrelevant.

[1] https://github.com/github/dmca/blob/master/2020/11/2020-11-1...

Nov 16, 2020

A gem in the EFF's letter (https://github.com/github/dmca/blob/master/2020/11/2020-11-1...)

> To borrow an analogy from literature, travelers come upon a door that has writing in a foreign language. When translated, the writing says "say 'friend' and enter." The travelers say "friend" and the door opens. As with the writing on that door, YouTube presents instructions on accessing video streams to everyone who comes asking for it.

Nov 16, 2020

EFF responded about that whole subject, and that allowed GitHub to "reinstate" the repo back:

https://github.com/github/dmca/blob/master/2020/11/2020-11-1...