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I hope they did counter claim? RIAA should get a strong kick for this.

by shmerl 6y ago

jcranmer 6y ago
The history of that github repo shows that counterclaims would be listed in that particular repo, along with the original DMCA request. There is no PR for a counterclaim for youtube-dl as of this comment.
- shmerl 6y ago
  That's not good then. There were some concerns before that the project wasn't active anymore, so I hope it's not a sign of maintainers deciding to pull the plug.
  - jcranmer 6y ago
    The claim was filed on Friday. It's been less than 48 hours, almost none of it during business hours. Filing a counterclaim is literally saying "see you in court," and given both that RIAA is known for being litigious and that youtube-dl's defense here is (to my reading of the law) merely decent and not slam-dunk, I would not want to take that step without seeking the advice of a lawyer first. So even if a counterclaim were to be filed, I would not expect it to have been filed yet. Edit: the most recent counterclaim I see filed was done on 2020-10-08 (https://github.com/github/dmca/blob/5dfed34cdb3774fcb10cb294106d8120196351c2/2020/10/2020-10-08-dfl-counternotice.md https://github.com/github/dmca/blob/5dfed34cdb3774fcb10cb294...)... for a claim filed on 2020-09-16 (https://github.com/github/dmca/blob/951b7ba132fd6bafab2401a7171edc1b15c12262/2020/09/2020-09-16-dfl.md https://github.com/github/dmca/blob/951b7ba132fd6bafab2401a7...). That's almost a month later.
    - Reelin 6y ago
      I'd also note that if anyone feels like duking it out with the RIAA for some reason (Why? Is your goal to spend as much money as possible or something?) you can always create your own youtube-dl equivalent and wait for a takedown notice of your own. Now presumably GitHub won't let you push forbidden changesets, but since hashes are chained all you have to do is modify a single byte of the root and replay everything. (I have no idea if GitHub would ban you for a ToS violation or if they would just wait for the next DMCA takedown notice to show up.)
  - mattrick 6y ago
    I'm hoping the EFF helps them out with this case. They've tweeted in support of them[0] and its not unheard of for them to provide counsel for projects in these circumstances. [0]: https://twitter.com/EFF/status/1319787243184123904 https://twitter.com/EFF/status/1319787243184123904
grishka 6y ago
> RIAA should get a strong kick for this. Regardless of this particular case, the world would've been a saner place if copyright holders were held liable for erroneous claims.
- DoofusOfDeath 6y ago
  Is it legal to file a DMCA claim when the motivation is retaliation? (Assuming that the person filing retaliatory DMCA claim can satisfy the good-faith requirement, that is.)
  - trickstra 6y ago
    Nobody checks motivation. It is legal to file DMCA for anything. As it stands, the hosting providers don't even verify the validity, or the good-faith requirement, because they don't want to get in a fight that could cost them the safe harbor protection. So even invalid DMCA requests usually mean the content will be blocked for a couple of days and the accused party will have to lawyer up to put together a counter-claim.

I hope they did counter claim? RIAA should get a strong kick for this.

by shmerl 6y ago

I hope they did counter claim? RIAA should get a strong kick for this.

The history of that github repo shows that counterclaims would be listed in that particular repo, along with the original DMCA request. There is no PR for a counterclaim for youtube-dl as of this comment.

shmerl 6y ago
That's not good then. There were some concerns before that the project wasn't active anymore, so I hope it's not a sign of maintainers deciding to pull the plug.
- jcranmer 6y ago
  The claim was filed on Friday. It's been less than 48 hours, almost none of it during business hours. Filing a counterclaim is literally saying "see you in court," and given both that RIAA is known for being litigious and that youtube-dl's defense here is (to my reading of the law) merely decent and not slam-dunk, I would not want to take that step without seeking the advice of a lawyer first. So even if a counterclaim were to be filed, I would not expect it to have been filed yet. Edit: the most recent counterclaim I see filed was done on 2020-10-08 (https://github.com/github/dmca/blob/5dfed34cdb3774fcb10cb294106d8120196351c2/2020/10/2020-10-08-dfl-counternotice.md https://github.com/github/dmca/blob/5dfed34cdb3774fcb10cb294...)... for a claim filed on 2020-09-16 (https://github.com/github/dmca/blob/951b7ba132fd6bafab2401a7171edc1b15c12262/2020/09/2020-09-16-dfl.md https://github.com/github/dmca/blob/951b7ba132fd6bafab2401a7...). That's almost a month later.
  - Reelin 6y ago
    I'd also note that if anyone feels like duking it out with the RIAA for some reason (Why? Is your goal to spend as much money as possible or something?) you can always create your own youtube-dl equivalent and wait for a takedown notice of your own. Now presumably GitHub won't let you push forbidden changesets, but since hashes are chained all you have to do is modify a single byte of the root and replay everything. (I have no idea if GitHub would ban you for a ToS violation or if they would just wait for the next DMCA takedown notice to show up.)
- mattrick 6y ago
  I'm hoping the EFF helps them out with this case. They've tweeted in support of them[0] and its not unheard of for them to provide counsel for projects in these circumstances. [0]: https://twitter.com/EFF/status/1319787243184123904 https://twitter.com/EFF/status/1319787243184123904

grishka 6y ago

> RIAA should get a strong kick for this. Regardless of this particular case, the world would've been a saner place if copyright holders were held liable for erroneous claims.

DoofusOfDeath 6y ago
Is it legal to file a DMCA claim when the motivation is retaliation? (Assuming that the person filing retaliatory DMCA claim can satisfy the good-faith requirement, that is.)
- trickstra 6y ago
  Nobody checks motivation. It is legal to file DMCA for anything. As it stands, the hosting providers don't even verify the validity, or the good-faith requirement, because they don't want to get in a fight that could cost them the safe harbor protection. So even invalid DMCA requests usually mean the content will be blocked for a couple of days and the accused party will have to lawyer up to put together a counter-claim.