After 25 days of being sealed, YouTube-dl finally got back on the shelf! The American Records Association (RIAA) filed a lawsuit in mid-month against GitHub for removing open-source YouTube-dl. for violating the Digital Millennium Copyright Act
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YouTube-dl is one of the most popular open source software for developers, with 72,000 Star. After receiving the lawsuit mail, GitHub was forced to remove the item. Later, developers protested, copying a large number of code copies and spreading frantically, searching for more than 4000 YouTobe-dl projects on GitHub platforms in just a few days.
Meanwhile, counterproductive RIAA have repeatedly pressed GitHub to stop developers from retaliating.
For a moment, GitHub was in a dilemma. However, under the pressure of DMCA, developers have to be warned that they may face the risk of being blocked if they create a copy of YouTube DL again.
After a 25 day standoff over the incident, GitHub finally arrived at the desired result.
Yesterday, its acting lawyer, the Electronic Frontier Foundation, sent a notice to the GitHub that its open source project YouTube-dl did not violate DMCA clause 1201.
RIAA grounds are invalid
YouTube DL is a python library, through which users can download paid source files from more than 700 video platforms, including mainstream platforms such as youtube, Youku, iqiyi, and station B.
According to RIAA, the project "allows any user to copy and distribute copyrighted works without authorization", in violation of section 1201 of DMCA.
In the litigation documents, it specifically points out two points
1、 Anti circumvention laws and regulations clearly require that no one should evade the technical measures to effectively control the copyrighted works;
Second, in the YouTube-dl open source file, GitHub describes the embezzlement process and method of many paid music works.
For the above two points, the EFF made a clear response in the results of the review. EFF are the attorneys GitHub the case, claiming that the DMCA. was never violated by the project
First of all, RIAA's description of stealing some songs in the file is just a test, which shows that the software works well within the reasonable range of use by streaming a few seconds of video.
Second, RIAA misunderstand how YouTube and YouTube-dl code work. They believe that the source code on video sites, including YouTube, is encrypted, YouTube-dl illegally circumvented the code and thus violated DMCA section 1201.
But it is not. Eff explained that the code has no effect, users using Youtube DL "watch" videos in the same way as ordinary users, everything is done transparently, without using encrypted passwords. Therefore, in the existing law of the United States, the lawsuit is not established.
YouTube DL re open source
After the case was cleared, GitHub immediately resumed the YouTube DL open source project and posted an official blog to explain it. Then NAT Friedman, GitHub's chief executive officer, made the push immediately. He said,
We resumed the YouTube DL buyback agreement from the developer's point of view. Article 1201 of DMCA is no longer applicable and needs to be readjusted, but developers have the freedom to adjust it. So we can get good tools like YouTube dl.
Previously GitHub has been controversial about the "open source attitude ", especially after the removal of the YouTube-dl, many netizens complained that it was contrary to the original intention of open source, and even reported that some time ago unknown people impersonated GitHub CEO leaked their source code is also related to this.
This time, Friedman re open source YouTube DL, and stressed to modify the relevant provisions of DMCA to protect the interests of developers. His attitude has won the approval of many netizens.
Some netizens said that this means a great victory for the open source community.
Some netizens reminded Friedman that in addition to popular projects like YouTube DL, there are also a lot of niche projects that have been taken off the shelves. Decentralization may be the best way to end such incidents.
In addition, the continuous ferment of the event has also made a big advertisement for YouTube dl.
GitHub Founding a Million Dollar Foundation
As it should be noted, the above is only GitHub unilateral conclusion of the lawyers' group.
I believe the RIAA side does not approve. If the RIAA further brings the case to court, the final outcome of the trial is not known.
However, with the support of netizens and the certification of eff non infringement, GitHub seems to have enough confidence.
Abby Volmer, its platform policy director, said on his blog,
"At first, we took it off the shelves simply because it infringed on the copyrighted audio works, but now it is not. At the same time, we also understand that the project has multiple reasonable uses, such as changing the playback speed to facilitate user access; helping journalists save evidence and verify facts; and downloading knowledge sharing licenses or videos in the public domain.
Therefore, while the YouTube-dl project is being reloaded, the GitHub has taken a number of preparatory measures to deal with possible future litigation, including a review of the claim process under clause 1201 prior to removal.
GitHub believes that all copyright claims made in Clause 1201 are basically suspicious and they will be subject to technical and legal review, but they will also conduct independent reviews to assess the authenticity of their respective provisions. If the findings are non decisive, the project will be stranded rather than directly off shelf in the course of continuing the proceedings.
In addition, we have the opportunity to amend the terms and conditions if it does. In the event of a failure, developers can still access important data, such as pulling requests and submitting bugs.
What's more, GitHub has set up a $1 million special foundation to deal with possible lawsuits in the future. The main purpose of the foundation is to help protect developers on the platform from adverse section 1201 charges and to prevent the recurrence of such incidents.
Finally, GitHub also stressed that they would continue to lobby for changes to the DMCA, especially clause 1201.
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