I'm not sure if this is going to be considered similar to taking a full copy but I'm also not sure what substantial purpose there would be for taking that full copy except for the (probably valid fair use) purpose of shifting access to manage time, location, or network conditions. Given that you pay separately for your bandwidth, and there is an incentive to conserve it, I don't see any way this isn't considered fair use without a sharing component.
Taking a copy is incidental to lawfully consuming the content that was provided in an authorized setting, whether that copy is stable or not. Nobody is hosting copies of YouTube content, paying the bandwidth and hosting bills so anonymous co-parties to the infringement can enjoy the content separately from the authorized channel, (it is not even suggested that anyone would want to do this.)
I think the question is whether the license YouTube implicitly provides to copy so one can stream also extends to downloading to a file. Probably not.
Why that should be youtube-dl's fault is yet another question, of course.
> I think the question is whether the license YouTube implicitly provides to copy so one can stream also extends to downloading to a file. Probably not.
> Why that should be youtube-dl's fault is yet another question, of course.
TV broadcasters do not give you a license to copy their content but it's legal to record TV. Why is youtube any different?
Today, there are a multitude of options for consuming TV content, and due to the (recent) creation of time-shifted licenses, the fair use justification for standalone-DVRs has mostly gone out the window (which is why they're not for sale anymore; for example, Tivo no longer offers standalone DVRs; Hulu, cable companies pay for time-shifted viewing).
As Youtube was always on-demand to begin with, the time-shifting justification for recording TV in the Betamax case never applied.
Yes, that is why 17 USC § 117 provides that making a transitory copy necessary to run the program (such as a RAM copy), or an archival copy of the data needed to run the program, are both explicitly not violations of copyright.
I think the question is whether the license YouTube implicitly provides to copy so one can stream also extends to downloading to a file. Probably not.
It does not. Youtube does not explicitly, or implicitly, provide the user a license of any type. Youtube has licensed the right to provide a temporary copy of a video to a user.
Why that should be youtube-dl's fault is yet another question, of course.
It normally wouldn't be...except that some idiot decided to include unit tests to make sure that youtube-dl could be used to download music videos covered by RIAA licenses. That basically makes the RIAA's case, especially since youtube-dl must be regularly updated to handle Google's countermeasures.
Yes, that is why streamed content is now generally covered by streaming-specific licenses, as noted above.