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Re:RIAA Takedowns Backfire as Pirated MP3s Now Surface on Gi... by verroq on Wednesday November 04, 2020 @07:07AM (#24988292)
Any reason why youtube-dl hasn't filed a counter-takedown notice?
Re:RIAA Takedowns Backfire as Pirated MP3s Now Surface on Gi... by cesarb on Wednesday November 04, 2020 @07:51AM (#24988523)
Copy-pasting a comment of mine from a related thread (https://news.ycombinator.com/item?id=24886260):

They might decide not to counter-notice, because there's a big trap in the DMCA counter-notice: as far as I know, for a DMCA counter-notice to be valid, the one doing the counter-notice must agree to be bound to the jurisdiction of an USA court. If the youtube-dl author is not from the USA (I think he's from the EU), that would expose him to legal risk.

(As a non-USA person, to me this is the most evil part of the DMCA take-down system: even a defective DMCA notice leads to a dilemma, either you keep the content offline, or you risk being sued in a foreign jurisdiction you have no control over. This is also why I believe one should always prefer to host in one's own country, so that any dispute can be resolved by the local courts.)

Re:RIAA Takedowns Backfire as Pirated MP3s Now Surface on Gi... by bxk1 on Wednesday November 04, 2020 @11:01AM (#24990192)
People outside of the US can't be bound to be sued in a US court or anywhere outside of the jurisdiction they currently reside in and even then a country he is a citizen of could try to use high level channels to get him out of there. Extradition treaties complicate this a bit more, but extradition still has to go through local laws, local law enforcement, local government and far from everyone would get extradited left and right if there is an agreement.

The biggest thing a counter-notice could do (if it's even possible) is reveal one's identity and only if Microsoft/Github tries to verify it, which would be bad, because it could be used for harassment. But the author is obviously Russian, not sure if he lives in Russia, but if he does, they definitely won't be able to get him in Russia, only harass him.

Re:RIAA Takedowns Backfire as Pirated MP3s Now Surface on Gi... by karlzt on Wednesday November 04, 2020 @07:58AM (#24988566)
Github is just one bottle in a room full of bottles https://alternativeto.net/software/github/
Re:RIAA Takedowns Backfire as Pirated MP3s Now Surface on Gi... by DrSiemer on Thursday November 05, 2020 @04:23AM (#24996776)
Sure, but it's the most famous bottle, also among people that never use bottles
Re:RIAA Takedowns Backfire as Pirated MP3s Now Surface on Gi... by mxuribe on Wednesday November 04, 2020 @08:05AM (#24988618)
Exactly THIS!
Re:RIAA Takedowns Backfire as Pirated MP3s Now Surface on Gi... by ikeboy on Wednesday November 04, 2020 @07:13AM (#24988325)
This isn't a 512 notice, so a counternotice is not possible.
Re:RIAA Takedowns Backfire as Pirated MP3s Now Surface on Gi... by sillysaurusx on Wednesday November 04, 2020 @07:37AM (#24988444)
Really? I thought that every dmca notice was counterable. GitHub simply took down the repo with no recourse? That doesn’t sound right.
Re:RIAA Takedowns Backfire as Pirated MP3s Now Surface on Gi... by sohkamyung on Wednesday November 04, 2020 @07:40AM (#24988464)
> [T]he RIAA was not citing DMCA Section 512, the usual takedown route, but DMCA Section 1201, the ban on breaking digital locks. [1]

[1] https://www.eff.org/deeplinks/2020/11/github-youtube-dl-take...

Re:RIAA Takedowns Backfire as Pirated MP3s Now Surface on Gi... by ikeboy on Wednesday November 04, 2020 @07:40AM (#24988462)
Every notice is. This wasn't a notice.

The recourse is filing a declaratory judgement to establish the legality of the code.

Re:RIAA Takedowns Backfire as Pirated MP3s Now Surface on Gi... by AnthonyMouse on Wednesday November 04, 2020 @07:53AM (#24988536)
> The recourse is filing a declaratory judgement to establish the legality of the code.

Which is expensive relative to the resources of some individuals doing this as a hobby, so some kind of legal defense fund may be in order.

Of course, the other option is to put enough pressure on Github/Microsoft to get them to be the ones to defend it, since it's not that expensive relative to the resources of a trillion dollar corporation, and they could quite plausibly have more to gain in positive PR with developers (or in avoiding continued negative PR) than they pay to the lawyers they probably already have on staff.

We shouldn't forgive companies who do the wrong thing on issues like this, because the cost of people not forgiving them is a major incentive for them not to do the wrong thing.

Re:RIAA Takedowns Backfire as Pirated MP3s Now Surface on Gi... by bxk1 on Wednesday November 04, 2020 @11:06AM (#24990235)
Microsoft pays for RIAA lawyers, why would it pay for more lawyers to defend themselves from other lawyers they pay for already?
Re:RIAA Takedowns Backfire as Pirated MP3s Now Surface on Gi... by AnthonyMouse on Wednesday November 04, 2020 @02:52PM (#24992433)
The obvious solution being to stop paying money for RIAA lawyers and use that money to defend against the RIAA lawyers, netting zero expense and twice positive PR.