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> We also got ourselves informed about ‘fair use’ under German law. We even appointed a lawyer, at our own cost, who did his own research and also came to the c
by nwellnhof 4y ago
> We also got ourselves informed about ‘fair use’ under German law. We even appointed a lawyer, at our own cost, who did his own research and also came to the conclusion that what youtube-dl does is perfectly legal and covered by fair use
That sounds strange. There's no "fair use" doctrine in German copyright law.
- bjornsing 4y agoArr you sure? We don’t use that exact term in Sweden but there’s similar room for legal use of copyrighted works e.g. in political satire.
- mschuster91 4y agoI'd guess they base the argument on §95a Abs. 3 Nr. 2 UrhG [1]: basically, providing youtube-dl is legal as the part bypassing Youtube's technical protection is just a small part of it, and other than that its primary purpose is to allow an user to exercise their explicit right to make individual private copies of a work of art under §53 UrhG [2]. [1] https://www.gesetze-im-internet.de/urhg/__95a.html https://www.gesetze-im-internet.de/urhg/__95a.html [2] https://www.gesetze-im-internet.de/urhg/__53.html https://www.gesetze-im-internet.de/urhg/__53.html
- summarity 4y agoYes there is (of course nothing is ever exactly the same): https://www.bildung-forschung.digital/digitalezukunft/de/wissen/urheberrecht/urheberrecht-in-der-wissenschaft/gesetzliche-erlaubnis-und-zitatrecht/gesetzliche-erlaubnis-und-zitatrecht.html https://www.bildung-forschung.digital/digitalezukunft/de/wis...
- nwellnhof 4y agoThere are some limitations to copyright protection in German law, but each of them is specific. There's no general exemption like fair use.
- deleted 4y ago[deleted]