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Original title: Defending the developer: GitHub re-released the popular 72,000 YouTube-dl open source project, where the trust comes from
After being blocked for 25 days, YouTube-dl is finally back on the shelves!
In the middle of last month, the Recording Association of America (RIAA) issued a litigation notice to GitHub, requesting it to remove the YouTube-dl open source project for violating the Digital Millennium Copyright Act (DMCA).
YouTube-dl is one of the most popular open source software among developers, with more than 72,000 stars. After receiving the demand email, GitHub was forced to remove the project from the list. Later, the developers protested against this move. They copied a large number of copies of the code and spread it wildly. In just a few days, more than 4000 searches of the YouTobe-dl project have been made on the GitHub platform.
At the same time, the counterproductive RIAA has repeatedly lobbied GitHub to immediately prevent developers from taking revenge.
For a while, GitHub was in a quandary. However, due to pressure from the DMCA, he still had to warn the developer: if you create a copy of YouTobe-dl again, you may face the danger of being blocked.
After the incident was stalled for 25 days, GitHub finally waited for the desired result.
Yesterday, his law firm EFF (Electronic Frontier Foundation) issued a notice of hearing to GitHub. The notice clearly stated that their YouTube-dl open source project does not violate section 1201 of the DMCA.
The RIAA grounds for litigation are invalid
YouTube-dl is a Python library through which users can download paid source files from over 700 video platforms, including major platforms like YouTube, Youku, iQiyi, and Station B.
The RIAA believes that the project “allows any user to copy and distribute copyrighted works without authorization,” in violation of section 1201 of the DMCA.
In the litigation document, he specifically noted two points:
1. Anti-circumvention laws and regulations clearly require that no one can circumvent technical measures that effectively control copyrighted works;
2. In the open source YouTube-dl archive, GitHub describes the process and methods of misappropriation of various paid musical works.
In response to the two points above, EFF gave a clear answer on the results of the review. EFF is a law firm that handled this lawsuit against GitHub. They claim that the YouTube-dl project has never violated the DMCA.
First of all, the RIAA’s description of the misappropriation of certain songs described in the archive is just a test, showing that the software performs well within the scope of reasonable use when streaming a few seconds of video.
Second, the RIAA misunderstood the way YouTube and YouTube-dl codes work. They believe that the source code on video sites, including YouTube, is encrypted and YouTube-dl illegally circumvents the code and therefore violates section 1201 of the DMCA.
But this is not the case. EFF explained that the code has no effect. The way YouTube-dl users “watch” videos is no different from ordinary users. Everything is done in a transparent way and no encryption password is used. Therefore, the claim is not established in the current laws of the United States.
YouTobe-dl reopens
After the case was cleared up, GitHub immediately resumed the YouTube-dl open source project and posted an official blog for an explanation. Subsequently, GitHub CEO Nat Friedman also retweeted it for the first time. He said,
We reinstated the Youtube-dl buyback agreement from the developer’s point of view. Section 1201 of the DMCA is no longer applicable and needs to be readjusted, and the developer is free to adjust it. Only then can we get a good tool like YouTube-dl.
GitHub has been controversial before about its “open source attitude”. Especially after YouTube-dl was removed, many netizens complained that it violated the original open source intent, and even reported that some time ago unknown people pretended to be the CEO of GitHub and leaked its source code. This is related.
This time, Friedman reopened YouTube-dl and emphasized the revision of the clauses related to the DMCA to protect the interests of developers, his attitude has won the recognition 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, many niche projects have also suffered delisting. Decentralization may be the best way to end such incidents.
Furthermore, the continuing fermentation of the incident also gave YouTube-dl a wave of advertisements.
GitHub establishes a million dollar base
It should be noted that the above are only the one-sided conclusions of the GitHub lawyers.
I think the RIAA doesn’t approve of it. If the RIAA brings this case to court, the final outcome of the trial is still unknown.
However, with the support of netizens and EFF non-infringement certification, GitHub seems to have enough confidence.
Abby Volmer, its director of platform policy, said in a blog that
“At first, we removed it just because it was accessing copyrighted audio works in an infringing way, but now this is not the case. At the same time, we also found that the project has multiple legitimate uses, such as changing the playback speed. it’s convenient for users to access, to help reporters save evidence, verify facts, and download Creative Commons licenses or public domain videos. “
Therefore, by bringing the YouTube-dl project back up for sale, GitHub has taken a number of preparatory steps to address potential future lawsuits, including re-evaluating the clause 1201 claims process prior to delisting. .
GitHub believes that all copyright claims made in Section 1201 are basically suspect. They will accept a technical and legal review, but at the same time conduct an independent review to assess the authenticity of their terms. If the result of the investigation is not conclusive, then the project will be shelved in the process of continuing the lawsuit rather than being removed from the shelf.
Also, if the project violates the terms, we also have the opportunity to adjust and modify it. In the event of a failure, developers can still access important data, such as bug pull and post requests.
More importantly, in order to deal with potential litigation in the future, GitHub also allocated US $ 1 million to establish a special foundation. The main purpose of the foundation is to help protect developers on the platform from adverse accusations under Section 1201 and to prevent the recurrence of such incidents.
Finally, GitHub also emphasized that they will continue to lobby to modify the DMCA, especially clause 1201.
