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Media scraper Gallery-dl is moving to Codeberg after receiving a DMCA notice
- LeonTing1010 6mo ago[flagged]
- perching_aix 6mo agoMoving to a Germany based host of all places, after being legally harassed over copyright, doesn't strike me as a particularly good idea. Aren't the local courts infamous for being awful to deal with?
- ronsor 6mo agoIt's important to remember that these projects are not violating copyright law, are not circumvention tools, and that filing a DMCA notice against them is in fact unlawful.
- charcircuit 6mo agoLinking to piracy sites whose content is all blatantly stolen from artists does seem violating to me.
- raziel2701 6mo agowhat piracy sites is gallery-dl linking to?
- charcircuit 6mo agoI do not want to promote them here, but if you read the linked github thread you will see the names of what extractors were deleted.
- logifail 6mo agoThrough the DCMA lens, does a tool having the ability to download from example.com = linking to example.com?
- charcircuit 6mo agoIn this case the files you could view on github literally had links directly to copyrighted works. It was not just that it was compatible with pirate sites.
- KomoD 6mo agoWhere? I looked at a copy from March 16, and I only saw placeholders like 12345 and 12345/67890abcde in the files mentioned in the issue
- charcircuit 6mo agoLook in the test vectors and you will see ones that are not for generic ids.
- ddtaylor 6mo agoWait a second... By the view you're espousing right now, doesn't that make this conversation "illegal"? Why aren't we filing DMCA takedowns to HN because the list of the naughty sites is at the top of the page for this very thread? This seems like turtles all the way down.
- ddtaylor 6mo agoThat seems like an argument to go after the actual alleged illegally hosted materials through the proper DMCA takedown request.
- charcircuit 6mo agoBoth should be done. Often the actual illegally hosted materials are on servers not friendly with takedown requests or will get immediately reloaded by the pirates. By going after the links it can cut off the ability for people to find the illegally hosted materials.
- ddtaylor 6mo agoSeems like a strange way to attempt to police the internet by proxy. The Internet should ignore or route around people attempting to police how nodes connect to each other.
- charcircuit 6mo agoI agree that the larger Internet should be capable of routing lawful traffic through jurisdictions where such traffic is lawful to another jurisdiction where the traffic is lawful. But within a country for example local laws should be applied to the traffic.
- AnthonyMouse 6mo agoThere are two options here: 1) You can have an encrypted connection between two jurisdictions that have different laws, but then anyone can route around censorship because you don't know if they're discussing geopolitics or distributing DeCSS. 2) You can't have an encrypted connection between two jurisdictions that have different laws, which is >99% of all connections because even different cities have different laws, which is an Orwellian panopticon and the destruction of all privacy. I'm going to have to insist we stick with the first one.
- 6mo ago
- perching_aix 6mo agoWhich is heartbreaking (and I'd argue misleading too), but not the whole story. You can only issue takedowns in relation with material that you have copyright over. At least one of these sites I know for a fact routinely scrubs FAKKU licensed content, and abides by takedown requests.
- imrozim 6mo ago[dead]
- sammy2255 6mo agoNo one has the guts, time, or money to challenge it though
- userbinator 6mo agoThis is what groups like the EFF are for: https://en.wikipedia.org/wiki/List_of_litigation_involving_the_Electronic_Frontier_Foundation https://en.wikipedia.org/wiki/List_of_litigation_involving_t...
- awakeasleep 6mo agoIn general no! The EFF is not interested in litigating laws that are firmly established! They spend their resources on cases that can set legal precedent. When you call about something like this, they’ll try to give you some general advice and refer you to a law firm.
- bpavuk 6mo agobut can't it set a dangerous precedent if it escalates further?
- ddtaylor 6mo agoSadly, you're mostly right and the comments section saying to find a pro-bono lawyer is laughable. I think anyone who believes that exists should actually reach out to a real lawyer and see how that conversation goes. I've had those conversations. Firstly, they can't exist most of the time you can't actually call a lawyer and talk to them - you get their office and their "job" is to gatekeep that lawyer from making any discussions with anyone who isn't represented or paid for a consultation. Secondly, once you do get into contact with them you'll get a blank stare or phone silence. This is not how most lawyers view pro-bono work. Most of them have a very small quota of pro-bono work to be done and that's it. They get assigned a case by their firm or go and accept a few a year from the state and they're done with it. The idea that an altruistic lawyer exists out there ready to do free and unpaid work is virtually non-existent today.
- direwolf20 6mo agoIt's lawful if you have a good faith belief that it's a circumvention tool. It might even be true. Not having a download button is a copy protection measure as defined in the DMCA. If this project bypasses not having a download button, it's an illegal circumvention measure under DMCA.
- ehhthing 6mo agoThe problem here is that the complaint seems to be filed by the copyright owner (or licensee) but the code is accessing piracy sites. There could be a circumvention case if the piracy site is the one filing the copyright complaint, but they have not.
- nondrool 6mo agohttps://github.com/mikf/gallery-dl/discussions/9304#discussioncomment-16279674 I know for sure that at least some of the listed sites already remove content in response to fakku dmca. There is no fakku content on there. https://github.com/mikf/gallery-dl/discussions/9304#discussioncomment-16280050 they also list hentaifoundry which afaik is a site for users to post their own art and is certainly not a piracy site
- dns_snek 6mo ago> Not having a download button is a copy protection measure. That's absurd. Not having something is different from actively implementing measures to prevent something. I could similarly make the argument that any content that I can watch on my device doesn't really have copy protection measures because those bytes were purposefully copied into my display buffer. Anti-circumvention provisions are a cancer that needs to die. They can be used to criminalize just about anything.
- ls612 6mo agoYou will own nothing and you will be happy. Or else.
- close04 6mo ago
- ernsheong 6mo agoThey can just file another DMCA against Codeberg, what am I missing here?
- normie3000 6mo agoSounds like Codeberg would still take down the repo, but would be more supportive: https://blog.codeberg.org/on-the-youtube-dl-dmca-takedown.html https://blog.codeberg.org/on-the-youtube-dl-dmca-takedown.ht... (2020) Maybe there are more recent examples?
- notThrowingAway 6mo agoThat won't be easy because Codeberg follows German law.
- echelon 6mo agoGermany and the EU will probably kowtow to the US if the DMCA requests or lawsuits are brought by big enough players. Big money interests rub shoulders with US politicians, US politicians deal with their overseas counterparts. Therefore, big enough DMCA requests will be mentioned behind closed doors in the same breath as international trade and other geopolitical concerns. Money protects money in deals between close enough friends and allies. If Codeberg were based in Russia or a US geopolitical adversary, on the other hand, such requests would likely be ignored.
- lmz 6mo agoA DMCA takedown is targeted at the host and is a pre-lawsuit thing ("we claim X and if you take it down now your host is safe" via the DMCA Safe Harbor provisions). If they escalate to lawsuits then not sure it's significantly different in Germany vs the USA. It's not like Europe is free from things like blocking all of Cloudflare because the football league wants to.
- fweimer 6mo agoThis procedure only applies to copyright-infringing content, not to trafficking in circumvention devices. It seems that in this case, it's the latter.
- HotGarbage 6mo agoShould that fail there's always https://gitflic.ru https://gitflic.ru where Bypass Paywalls Clean lives
- _imnothere 6mo agoWhat a plain disgusting disgrace FAKKU has become. https://en.wikipedia.org/wiki/Fakku#History https://en.wikipedia.org/wiki/Fakku#History
- deleted 6mo ago[deleted]
- SergeAx 6mo agoYou can't make up things like FAKKU, LLC. This simulation is out of control.
- sunaookami 6mo agoEspecially ironic considering Fakku's history and their push to monopolize the hentai publishing industry in the west (!).
- ddtaylor 6mo agoIt's exciting to me recently with the increase in copyright abuse and AI blurring the lines that more people are going to be involved with decentralized systems. There have been multiple different ways to host git repositories over DHT networks such as BitTorrent. Similarly there have been ways to run DHT backed commands for Linux package managers like apt. These tools often receive little praise because the value of decentralized systems seems low when centralized systems are working to most users without too many issues. The enshittification is ramping up so quickly recently that more people are reaching out to me on how to setup Linux syatems, home media servers, etc. I genuinely enjoy these technologies, but for the last decade I had more or less just shut up about them to avoid being that guy.
- 14 6mo agoI was actually just wondering if torrents were the way to go. I don't have any experience with github so not sure if torrents are at all suitable but I always had the thought that they were decentralized so once released hard to stop as long as someone has a copy.
- gutley 6mo ago[flagged]
- deleted 6mo ago[deleted]
- miyuru 6mo agoThere is a screenshot in the thread that makes all make sense. > I'll tell our DMCA agent you're in the clear https://github.com/mikf/gallery-dl/discussions/9304#discussioncomment-16390765 https://github.com/mikf/gallery-dl/discussions/9304#discussi... similar to patent trolls, there is now a DMCA trolls for hire.
- deleted 6mo ago[deleted]
- ohhman11 6mo agoWhat's up with people insisting that you need a lawyer to respond to a DMCA notice? That's some hilariously poor advice, like holy shit. I wonder if these same (presumably) rich idiots also hire a lawyer to read the terms of service when signing up for a service? You absolutely do not need and should not spend money on a lawyer for this. The only way you're possibly going to get in trouble is if you're acting in bad faith, you don't need a lawyer to tell you if you are.
- worksonmine 6mo agoDidn't know about this project, looks useful. Thanks for bringing it to my attention, FAKKU.
- deleted 6mo ago[deleted]
- dmitrygr 6mo agoDo I need to bring out the flowchart again? If you want resistance from USA's bullshit, host in China or Russia. If you want resistance form China's bullshit, host in USA or Russia. If you want resistance from Russia's bullshit, host in USA or China. For purposes of this chat, Europe == USA since they do as USA says when it comes to copyright.
- largehotcoffee 6mo agoI'm Jacob, the CEO of FAKKU. The notice being discussed was sent by a 3rd party DMCA agent without our approval or permission. It seems they are using AI to find repositories related to legitimate issues and projects like this one got caught up in it. I've informed them NOT to continue doing this and to immediately cease. The underlying issue is similar to if there was a website that illegally hosted Netflix content it had downloaded from torrents. Then that illegal website put up advertisements next to the content, or even a paywall cheaper than Netflix to make money. Obviously, that's against the law and Netflix would do something about it. That's generally what we are having to fight against. Ironically projects like this actually hurt that illegal website, by circumventing THEIR paywall or advertisements, and serving the content inside an app for free (which was originally paid content). It's a complicated issue, but going after projects like this doesn't solve the root problem.
- blue1214 6mo agoif you have any ounce of humanity left inside you then retract the DMCA notice and leave this project and hard working innocent dev alone.
- Hateshews 6mo agoI have a big archive torrent of Licensed Fakku and Irodori Mangas. I will double down on seeding these torrents and every Fakku Archive I will find. Hope you're happy you greedy snake
- cognitoe 6mo ago[flagged]
- ycombinator_acc 6mo agoIt's not a scraper though, is it? Last time I checked it was API-based.