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This is a non-story. CC licensing says that the copyright owner permits you to make copies of the content; it places no obligation on Google to help you do thi
by cperciva 10y ago
This is a non-story. CC licensing says that the copyright owner permits you to make copies of the content; it places no obligation on Google to help you do this, or even to allow you to use their service to do this.
- schoen 10y agoCC licenses are not neutral about downstream technical and policy restrictions; see section (2)(a)(5)(B) of https://creativecommons.org/licenses/by/4.0/legalcode https://creativecommons.org/licenses/by/4.0/legalcode It's not clear to me whether YouTube's policy definitely conflicts with that section, but it seems plausible! I think this is analogous to the way that distributing third-party GPL-licensed software in the iTunes App Store may violate the GPL, which I think is because of the provision that "[y]ou may not impose any further restrictions on the recipients' exercise of the rights granted herein", which the App Store's policies do.
- cperciva 10y agoIt's not clear to me whether YouTube's policy definitely conflicts with that section, but it seems plausible! It doesn't matter. If you upload a video to youtube, you're doing it under youtube's terms of service, not under whatever license you may use for distributing the video to other people. If I release a video publicly under a license which says "if you distribute this video, you must pay me a million dollars" and then upload it to youtube, it just means that there are now two licenses -- not that youtube owes me a million dollars.
- schoen 10y agoSure, but plenty of people are also uploading other people's CC-licensed works to YouTube, in which case a genuine legal conflict has been created. Edit: (which doesn't mean YouTube is bound by the provisions of the CC license, but does mean it doesn't have valid permission from the uploader or copyright holder to display the works)
- cperciva 10y agoRight. But that's no different from any other work being uploaded in violation of copyright law; the process for that is "report the violation and Youtube will take it down", not "Youtube should add a download link".