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The RIAA's fraudulent attack on youtube-dl is not a DMCA §512 infringement/safe-harbour, and the reality is weird


Many people seem to think that the RIAA's late-on-a-Friday copyright claim by against Web multimedia-content Swiss army knife youtube-dl falls under the DMCA's online content provider safe-harbour §512 provisions against infringing works. [1]It does not.

Under U.S. copyright law, "safe-harbour" provisions immunise service providers from copyright infringement claims, if the provider "takes down" the named content when a claim is received, under 17 USC 512 (c)(1)(C). The safe-harbour protections apply only to hosting of infringing works, and neither youtube-dl nor its test suites infringe on any RIAA or member copyrights as averred in RIAA's notice. Further, a claim must identify the specific works infringed in the work, (§512 (c)(3)(A)(iii)) which the RIAA's claim does not.

See the statute at Cornell University's U.S. Code repository, referenced further here:
https://www.law.cornell.edu/uscode/text/17/512

[url=https://web.archive.org/web/20201025095539/https://github.com/github/dmca/blob/master/2020/10/2020-10-23-RIAA.md]The RIAA's letter[/url] does not claim infringement within the text of youtube-dl source or test suites, though it tries hard to appear so, but rather possible incidental copying, of an overwhelmingly non-infringing nature, and anti-circumvention of a "copyright protection mechanism", under §1201. That last is also part of the DMCA, but falls outside the safe-harbour takedown provisions.

At best, youtube-dl's test suite may be infringing works when run, in which case infringement would accrue to the operator, presumably a tester or Github's CI/CD process. Even that argument is specious: Given output is discarded, no permanent copy is retained, and the action is for research and development, and numerous Fair Use affirmative defence claims exist under §107, notably (1) and (4), test suite execution falls outside exclusive rights. Any one fair-use test is sufficient, or none at all. Test suite execution could be argued non-infringing under numerous theories, including reverse engineering, research, interoperability, all under §1201, or under general limitations on exclusive rights in §112 (ephemeral recordings), §117 (computer programmes), or elsewhere.Further, under §512 (f) the RIAA's deceptive claim is liable for sanctions:
Any person who knowingly materially misrepresents under this section— (1) that material or activity is infringing ... shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

The fun begins


This is where ... things get interesting....
  • The "copyright protection scheme" in question, if it even is one, was written by and is provided by Google/Youtube, not the RIAA.
  • It is not even clear to me the RIAA has standing to sue under §1203: "Any person injured by a violation of section 1201 or 1202 may bring a civil action in an appropriate United States district court for such violation." RIAA are not injured due to utilisation of a non-member's mechanism.
  • The claim does not pass the 17 USC 1201 (a)(2)(B) test: that the technology "has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title".
  • Yes, Github (or its owner, Microsoft Corp.) may have liability under 17 USC 1201 (a)(2), "offer to the public, provide, or otherwise traffic" the code, subject to the same test above. However there is no safe-harbour provision for such violations.
  • Microsoft is listed on the RIAA's members page. Neither Google LLC, its Youtube subsidiary, nor parent Alphabet Inc. are. The RIAA are threatening a member for a §1201 violation against a nonmember. That's ... weird. https://www.riaa.com/about-riaa/riaa-members/
  • A further defence is the §1201(f)(2) exception: "a person may develop and employ technological means to circumvent a technological measure, or to circumvent protection afforded by a technological measure ... or for the purpose of enabling interoperability of an independently created computer program with other programs".
  • Youtube-dl is executing code provided by Google/YouTube, for Wold Wide Web user agents, as a World Wide Web user agent, and meant to be accessed and run by user agents in order to access YouTube content. That is, youtube-dl's operation is entirely within YouTube's technical design and intent.
  • Any potential copyright infringement which might occur through use of youtube-dl is at the volition of users, not the software's authors, actions would properly be directed at such users for individual acts of infringement, and much of this is subject to the same defences listed above, and others.

What then shall we do?


The remaining question is whether or not this claim should be contested. I argue that it should, on numerous grounds;
  • Though the claim is made under US law, similar anti-circumvention provisions exist in international law, which is highly standardised in large part thanks to the RIAA, MPAA (video), SIIA (software), WIPO, and other copyright monopoly cartels' special-interest deep-pockets lobbying. Offshore legal safe havens are limited and vulnerable. Defence within DMCA /anti-circ / WIPO / Berne regions is unfortunately necessary. Simply hosting the repository outside US jurisdiction is not sufficient, though a valid immediate response.
  • Such claims are specious at best, carry heavy chilling efects, may be entirely fraudulent, and should carry considerable risk. A countersuit agaist RIAA may help make this cartel, or others, think twice about repeating such attempts, as well as establish precedent agaist future such attemps.
  • The future of software, to which Microsoft claims to have harnessed its own wagon, is open, collaborative, Free Software. As such, the software and information services industry's interests diverge from those of regressive copyright maximalists.

TL;DR:


This is not a 17 USC 512 infringement/safe-harbour, RIAA's standing is highly questionable, it is threatening a member for an averred nonmember's §1201 injury, any actual works duplication is not performed by youtube-dl's developers directly, nor is the work itself or its test suite an infringement of RIAA / members copyrights, and numerous defences exist for routine use or incidental transmission or copies made by developers, hosting services,or others. Further, youtube-dl, digital and information liberties groups, Microsoft, and Google/Youtube should fight the RIAA's claim.

Notes:

#youtubedl #riaa #dmca #copyright #github #microsoft #youtube #google #FairUse #monopoly #cartel #AlphabetInc
 
We used four data sources on human mobility to construct a composite mobility indicator. Those sources were #Facebook, #Google, SafeGraph and Descartes Labs (Supplementary Information). Each source takes a slightly different approach to capturing mobility, so before constructing a composite mobility indicator, we standardized these different data sources (Supplementary Information).
Thanks, there were dweebs at work here. You don't need to know more :)) :)
 

Chrome may not be keeping all your personal data private | TechRadar

With users growing increasingly concerned about protecting their privacy online, Google has added a setting to Chrome that allow users to clear cookies and site data when they exit the browser.
However, one programmer has recently discovered that while this setting wipes personal data from other sites, it doesn't do so for Google's own sites and services.
Up to their old shenanigans again. Somebody should look into their dodgy practices. Oh, wait...!

#technology #tech #Google #Chrome
 

Go fuck yourselves, Google


“Google disabled my husband's account”

https://nitter.net/miguelytob/status/1315749803041619981

HN: https://news.ycombinator.com/item?id=24791357

#Google #DataHostage #FuckYouGoogle
 
#lbry as #google #youtube alternative
 
#lbry as #google #youtube alternative
 

Youtube "age-gating" more videos, youtube-dl affected


Addressing content concerns (hate, gore, sexual nature, etc.) Youtube is age-restricting, or "age-gating", a larger set of videos. This also includes closing the loophole of viewing such videos from third-party sites. Or, apparently, download tools such as youtube-dl.

The policy change is discussed at The Verge, "YouTube is about to age-restrict way more videos":
YouTube is rolling out more artificial intelligence-powered technology to catch more videos that may require age restrictions, meaning more viewers will be asked to sign into their accounts to verify their age before watching.

Similar to how YouTube used machine learning techniques to try to better catch violent extremism and more of the platform’s most severe content beginning in 2017, and later to find videos that included hateful conduct, the same approach will be used in this case to automatically flag videos YouTube deems not age-appropriate. As a result, YouTube is expecting to see far more videos pop up with age-gated restrictions.

The company is preparing for there to be some mistakes in labeling, as is the case with any rollout of AI moderation tech. And as part of the changes, people watching YouTube videos embedded on third-party sites will be redirected to YouTube to sign in and verify their age. ...
https://www.theverge.com/2020/9/22/21449717/youtube-age-restriction-machine-learning-rollout-kids-content-monetization-creators

Youtube-dl is a command-line utility supporting media download and streaming from multiple websites, including its namesake, and provides functionality in numerous other tools (e.g., mpv). Several recent issues have been opened apparently resulting from the age-gate change.

Issue search: https://github.com/ytdl-org/youtube-dl/issues?q=is%3Aissue+is%3Aopen+age-gate+youtube

#youtube #youtube-dl #AgeGating #mpv #video #moderation #google
 

On education, basic vs. advanced skills, certification, and corporate education


An HN comment asks of the history of corporate-controlled specific skills and credentialing training, following a new Google proposal.

Short answer: Yes, highly-focused skills-centric but narrow education has a long history.

Longer answer:

It's useful to keep in mind the (usually) unstated goals of educational systems:

* Produce a technically-skilled, but politically pliable, working class.
  • Produce a managerially competent, but not revolutionary, management and professional class.
* Persist existing power structures, whatever their form; political, cultural, corporate, religious, technical, epistemic.

The fundamental division in education has long been between liberal education and technical education, and can be traced to the emergence of the modern university in the 11th century (Bologna, 1088, Oxford, 1096), if not to the Romans and Greeks distinguishing the ars liberalis, and artes mechanicae, the latter also called the "servile" or "mechanical" arts. This later expands to basic literacy skills ("'readin', 'ritin', and 'rithmetic", the "three Rs"), and basic skills vs. higher-order thinking skills, on which there is much long-standing debate and contention.

Expansion and reform were limited by numerous factors, including a monopoly by law in England establishing Cambridge and Oxford as England's only permitted universities until 1827. (https://www.historytoday.com/miscellanies/medieval-university-monopoly)

In the industrial era, Prussian and Humboldtian education reforms instituted universal compulsory scientific and technical (rather than religious) education, largely at state expense, from Kindergarten, and including a university system for advanced education. With increasing demand for basically literate workers under factory and clerical work as well as technically-skilled workers in heavy industry, chemical, agricultural, transport, communications, information, government, and military sectors, the basic outlines of this system were widely adopted in industrialised countries through the 19th and 20th centuries.

The first technical, polytechnic, and engineering universities emerged in the 19th century. M.I.T. as a leading exemplar, though not the first, was founded in 1861. It was preceded by others, with Rensselaer Polytechnic Institute (RPI) possibly the earliest in 1821. Notably, technical schools were among the first to offer specifically-focused courses of study, persisting to this day in the numbered M.I.T. catologue, where lower-numbered offerings are generally more fundamental and earliest-established, modulo some subsequent subdivision.

Major expansions occurred through and following major wars, including the US Civil Way (founding of M.I.T.), and the first and second World Wars, as well as the post-war / Cold War era, notably Vannevar Bush's "Science, The Endless Frontier" (https://nsf.gov/od/lpa/nsf50/vbush1945.htm)

The Academic Major system began emerging in the early 19th century, though it would not really reach recognisable form (or be named) until after 1875. It replaced a general liberal education university system without formal major emphasis.

The post-1960 public research university is exemplified through projects such as the California Master Plan for Higher Education, 1960, strongly driven by governor Pat Brown and University of California president Clark Kerr. That effort was itself a reaction to an earlier technological monopoly, that of the railroads. Similar expansions occurred elsewhere, see the Robbins Report (1963) for the UK, or a set of Chinese initiatives since the 1990s: the Double First Class University Plan, Project 211, Project 985, and the C9 League.

In the US (and strongly similarly in much of the industrialised world), a de facto if not explicit hierarchy of prestigious highly-selective top-tier universities (largely private though with some public institutions), other highly selective schools (many state university systems). These are followed by less selective institutions, many formerly state colleges, "normal schools" (teachers' colleges), and numerous smaller private schools, and some polytechnics and ag & tech schools. Community colleges ("junior colleges") may feed 4-year programmes or directly train workforce, and are generally not selective (all applicants are accepted). Public and private vocational schools, as well as company-specific credentialing programmes (CCIE, RHCE, MCSA, OCP, Java SE, etc.) provide a range of skills training and certification, some basic, some advanced technical, some continuing professional education.

The various roles of education as teaching basic skills, higher skills, and cultural indoctrination, were commented on by John Stuart Mill ~1860s Britain, as noted by Hans Jensen, subject to various forms of control and coercion, largely via funding or lack thereof:
First, the universities were given the task of providing an unceasing supply of ideologically correct candidates for vital positions in government, church, and business. The state was able to make the faculties of the "venerable institutions" of higher education, or rather indoctrination, assume this duty because it controlled appointments and held the purse from which "emoluments" flowed into the coffers of academics....

The state devised a second educational strategy in order to prevent such a calamity from occurring. According to Mill, the "elementary schools for children of the working classes" were given the task of ensuring that the poor would continue to accept docilely their dismal station in life. It was very easy for the state to force the public schools to assume this role. It did so simply by failing malignantly to allocate sufficient funds for the operations of what Mill identified contemptuously as "places called schools"...
-- Hans E. Jensen, "John Stuart Mill's Theories of Wealth and Income Distribution". Review of Social Economy. Pages 491-507. Published online: 05 Nov 2010. (http://www.tandfonline.com/doi/abs/10.1080/00346760110081599)

(A more complete cite and discussion here: https://old.reddit.com/r/dredmorbius/comments/6x7u6a/on_the_role_of_universities_and_primary_education/)

A list of Wikipedia articles addressing most parts of this history and development: List of oldest universities in continuous operation, Liberal arts education, Artes mechanicae, Vocational education, Basic skills, The three Rs, Higher-order thinking, Standards-based education reform in the United States, Prussian education system, Humboldtian model of higher education, Institute of technology#United States, Massachusetts Institute of Technology, Rensselaer Polytechnic Institute, Land-grant university, Vannevar Bush, Academic major, California Master Plan for Higher Education, Robbins Report, Double First Class University Plan, Professional certification.

#education #academia #skills #LiberalArts #MechanicalArts #Certification #Google #colleges #universities
 

Apple refining Siri to cut down on mistaken activations, and to draw less power | Appleinsider

Apple is researching ways where Siri can be better at assessing whether you really meant to call it, and also when you're done speaking to it.
How about letting us activate it by saying anything other than "Hey, Siri"?!

#technology #tech #Google #Apple #Siri
 

Google Chrome's new Tab Groups feature now available for everyone


#google #software #bleeping computer #bleepingcomputer #computers #security #technology #news #education #updates #tech
generated by pod_feeder_v2
 

Google Chrome starts blocking ads that slow down the browser


#google #bleeping computer #bleepingcomputer #computers #security #technology #news #education #updates #tech
generated by pod_feeder_v2
 
Mozilla streicht Stellen und Projekte https://www.heise.de/news/Mozilla-streicht-Stellen-und-Projekte-4876909.html?wt_mc=rss.red.ho.ho.atom.beitrag.beitrag

Wie beim Artensterben gilt: Was an Vielfalt verloren gegangen ist, kommt nicht wieder.

#Monopol #google #mozilla #web
Tags: #dandelíon

via dandelion* client (Source)
 
Mozilla streicht Stellen und Projekte https://www.heise.de/news/Mozilla-streicht-Stellen-und-Projekte-4876909.html?wt_mc=rss.red.ho.ho.atom.beitrag.beitrag

Wie beim Artensterben gilt: Was an Vielfalt verloren gegangen ist, kommt nicht wieder.

#Monopol #google #mozilla #web
Tags: #dandelíon

via dandelion* client (Source)
 

Google Chrome is now faster, delivers 10% quicker page loads


#google #bleeping computer #bleepingcomputer #computers #security #technology #news #education #updates #tech
generated by pod_feeder_v2
 

Google Chrome 85 fixes WebGL code execution vulnerability


#security #google #bleeping computer #bleepingcomputer #computers #technology #news #education #updates #tech
generated by pod_feeder_v2
 

#Privacy isn't a Luxury


#Google respond to our low-cost tech campaign. There's some good news, some bad news, and some mediocre news.
Key points
  • Google responded to our campaign.
  • We're pleased to hear that Google are exploring ways to establish clearer standards for pre-installed apps and look forward to finding out more about this going forward.
  • They broadly agreed with us that people should be able to uninstall apps - but we still think they failed to really engage with their role in the sector.
  • Google seem to have misunderstood our points on update mechanisms.
  • Google failed to acknowledge our point about their certification process at all.
https://privacyinternational.org/news-analysis/4118/our-response-google-privacy-isnt-luxury

#privacyinternational
 

#Privacy isn't a Luxury


#Google respond to our low-cost tech campaign. There's some good news, some bad news, and some mediocre news.
Key points
  • Google responded to our campaign.
  • We're pleased to hear that Google are exploring ways to establish clearer standards for pre-installed apps and look forward to finding out more about this going forward.
  • They broadly agreed with us that people should be able to uninstall apps - but we still think they failed to really engage with their role in the sector.
  • Google seem to have misunderstood our points on update mechanisms.
  • Google failed to acknowledge our point about their certification process at all.
https://privacyinternational.org/news-analysis/4118/our-response-google-privacy-isnt-luxury

#privacyinternational
 

Mozilla signs fresh Google search deal worth mega-millions as 25% staff cut hits Servo, MDN, security teams

Within hours of the browser maker laying off a quarter of its staff this week, a well-placed source told The Register Moz had signed a three-year agreement with Google. On Thursday, a spokesperson for Mozilla confirmed the partnership had been renewed though declined to go into specific detail on the contract duration and sums of money involved.
https://www.theregister.com/2020/08/14/mozilla_google_search/

Was dispersing the MDN and Rust teams part of the deal?

-- PaulHoule @ HN https://news.ycombinator.com/item?id=24156949

#mozilla #firefox #google #monopoly #antitrust
 

Google banned 2500+ Chinese YouTube channels for disinformation


#google #security #bleeping computer #bleepingcomputer #computers #technology #news #education #updates #tech
generated by pod_feeder_v2
 

Google to pay $7.5M in class action settlement. That's $5 a victim.


#google #legal #technology #bleeping computer #bleepingcomputer #computers #security #news #education #updates #tech
generated by pod_feeder_v2
 

Your mind is hackable.

For those of you who say that people should be wise enough to have self-control when facing psycho-social manipulation through social media, I ask this: Do you need to eat?

... The human hardware has specific responses to stimuli which will not change for at least give or take 60 years barring significant evolution. Your human body and nervous system has specific hardware vulnerabilities which will not be patched in a month, much less a week or a fortnight. Psycho-social manipulation is a real vulnerability and there’s no going around it. Legislation and socio-political norms-building may have at best a prefunctory effect on mitigating some of these risks but effectively the vulnerabilities will always be there.

Your mind is hackable. Know this. Plan accordingly.
Lifted from a private share.

https://minddumpster.wordpress.com/2018/05/01/for-those-of-you-who-say-that-people-should-be-wise-enough-to-have-self-control-when-facing-2/

In related news ...


'Too much power': Congress grills top tech CEOs in combative antitrust hearing.
The US’s top tech bosses were told they have “too much power”, are censoring political speech, spreading fake news and “killing” the engines of the American economy, at a combative congressional hearing on Wednesday....
https://www.theguardian.com/technology/2020/jul/29/tech-hearings-facebook-mark-zuckerberg-amazon-jeff-bezos-apple-tim-cook-google-sundar-pichai-congress

#advertising #adtech #FAANG #google #facebook #monopoly #propaganda #manipulation
 

Corona-Apps im Datenschutz-Check: Android telefoniert nach Hause


Forscher haben europäische Corona-Apps für Android untersucht. Während die meist unauffällig sind, halten die Experten Googles Play-Dienste für problematisch.
Corona-Apps im Datenschutz-Check: Android telefoniert nach Hause
#Android #Apple #Corona-Apps #Datenschutz #Google #Sicherheit #Studie
 

Corona-Apps im Datenschutz-Check: Android telefoniert nach Hause


Forscher haben europäische Corona-Apps für Android untersucht. Während die meist unauffällig sind, halten die Experten Googles Play-Dienste für problematisch.
Corona-Apps im Datenschutz-Check: Android telefoniert nach Hause
#Android #Apple #Corona-Apps #Datenschutz #Google #Sicherheit #Studie
 
How much spying does #google #youtube do? Well, to the point of breaking standards to include attributes like "gyroscope" and "accelerometer" in video embedments. They want to know a lot.
 
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