Re:YouTube-dl has received a DMCA takedown from RIAA
by michaelmrose on Saturday October 24, 2020 @02:51PM
(#24881155)
In that context youtube-dl would be a camera which most assuredly isn't illegal.
Re:YouTube-dl has received a DMCA takedown from RIAA
by gamblor956 on Saturday October 24, 2020 @03:43PM
(#24881467)
In that context youtube-dl would be a camera which most assuredly isn't illegal.
In the criminal sense, you're correct.
In the civil law sense, you'd be wrong. Using a camera to record a performance is an act of copying and is subject to copyright law. Generally, if the performers and/or the owner of the copyright don't give you permission to record the show, you don't have the right to do so. (Note that taking pictures or recording short clips is usually but not always regarded as fair use. Recording an entire performance without permission is rarely treated as fair use.)
However, recording the performance is also an act of creation, resulting in a derivative work that has its own copyright, but one which is useless without a copyright license to the underlying performance.
Re:YouTube-dl has received a DMCA takedown from RIAA
by 542354234235 on Monday October 26, 2020 @11:24AM
(#24897166)
I don’t understand your argument. No one is saying that recording a performance isn’t subject to copyright law. They are saying that youtube-dl is the camera, or the camera manufacturer. Canon or Nikon are not subject to copyright law because I use one of their cameras to illegally record a concert, I am. I am the one that did the illegal act and the fact that manufacturers make cameras, that gave me the ability to do it, is not the problem. The argument is youtube-dl shouldn’t be subject either, that it is the individuals using it to download copyrighted material that are breaking the law and a program having the ability to be used illegally is not the fault or responsibility of the program.
They might have a very strong case in court. One of the reasons youtube-dl is so active as a project is because they’re in an arms race with Google. Google regularly changes how videos are delivered in an effort to thwart downloading tools. The RIAA could seize on this and even have Google testify that they’re trying to protect against this unauthorized downloading. Given the revelations about the tests in youtube-dl’s own repo, it would be a very difficult legal battle.