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Saturday, October 24, 2020
Yesterday, code hosting and sharing website GitHub blocked the public access to youtube-dl, a software which can download videos from the internet via the command-line. The blockade came after GitHub received a Digital Millennium Copyright Act (DMCA) take down notice from the Recording Industry Association of America (RIAA). After stripping the metadata from the notice, GitHub published the take down notice on their site.
Initially started in July 2008 by Ricardo Garcia, youtube-dl is a script written in Python which can download videos from multiple websites including YouTube, LiveLeak and Vimeo. youtube-dl is a FLOSS software and is under Public Domain. Currently, the repository on GitHub is locked for viewers other than maintainers of the project.
RIAA’s DMCA notice alleged the script’s purpose of existence was to “circumvent the technological protection measures used by authorized streaming services such as YouTube” and “reproduce and distribute music videos and sound recordings owned by our member companies without authorization for such use”.
youtube-dl has multiple unit tests in its source code, which tests whether the software works in different circumstances or not. Some of the tests include checking if the script can download Creative Commons licensed videos, videos which did not have square pixels, videos with no age restriction, “offensive to some audiences” per YouTube community and age-restricted videos. One of the tests included the URL of some copyrighted songs. Citing this test, RIAA’s take down noticed claimed “comments in the youtube-dl source code make clear that the source code was designed and is marketed for the purpose of circumventing YouTube’s technological measures”.
RIAA’s notice published by GitHub alleged violation of 17 U.S. Code § 1201 Circumvention of copyright protection systems which says “No person shall circumvent a technological measure that effectively controls access to a work protected under this title”. RIAA listed a number of forks of youtube-dl and requested GitHub via the notice they all be made inaccessible.
The notice did not list any incident of anyone using youtube-dl to download or share copyrighted material, nor mention any damages that actually occurred. Nor did the notice acknowledge YouTube allows videos to be licensed under a Creative Commons Attribution license. When a copyright holder chooses to release their work, be it a photograph, a video or audio, under a Creative Commons Attribution (CC BY) license, they allow everyone to freely own, share or modify the work as long as the reusers properly attribute the author of the work. YouTube also hosts many audio and video recordings under the public domain which can be used for any purpose without any restrictions.
youtube-dl is used by thousands of people around the world. Multiple Creative Commons licensed and Public Domain videos on Wikimedia Commons are uploaded via a tool called video2commons, which relies on youtube-dl to download media. youtube-dl also lets users download videos from LiveLeak — a video sharing platform for citizen journalism. Videos downloaded using youtube-dl are also used for the purpose of Fair Use, or for evidence.
youtube-dl comes with a small JavaScript interpreter where it acts as a web-browser would behave while receiving video data from the server. The script has “extractors” for various websites to handle videos from different sources. Whenever something is displayed on the user’s screen, the device has a copy of that content. Web browsers “download” data while surfing the web, though most of it is not persistent on the device. It is possible to download copyrighted photos by using a web-browser. The way the world wide web works, there are no technological prevention measures to prevent recording and sharing of content such as RIAA talks about in the notice. Photos and texts can be downloaded by taking screenshots, videos by screen recording tools and audio can even be downloaded by recording on a tape if not an audio recording software.
Multiple users expressed their disappointment on Twitter and Internet Relay Chat. One of the users said “this is yet another example of why we should use git as it was intended, as a distributed network, rather than rely on one single proprietary server”. Git is a decentralised version tracking software which is used by large number of software companies and projects. It is possible to host one’s own git server for software development. While Microsoft’s GitHub is a centralised git server, development of software using git does not require a GitHub account.
Soon after the public access to the repository was locked, multiple users started started sharing the source code via self-hosted git servers, Tor sites and via the Torrent protocol leading to the Streisand effect. Streisand effect is when a measure to censor an information causes further spread of that information. The binary files of the software are still available on its website for users to download. Some people came up with esoteric ways to share the source code, by converting the compressed code into photographs and providing shell commands to convert to the source code.
Electronic Frontier Foundation said on Twitter “Youtube-dl is a legitimate tool with a world of a lawful uses. Demanding its removal from Github is a disappointing and counterproductive move by the RIAA.” Richard Stallman, the founder of Free Software Foundation has been highly critical of the DRM for many years now.
Wikinews reached out to Sergey M?, one of the maintainers of youtube-dl script, however Sergey said he “won’t give any comments at this time”. EFF is yet to respond to Wikinews’ queries.