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Note on the DMCA takedown this night.

In a very unusual turn RIAA justifies the takedown request with EU/German law and claim US analogy to EU rules. (the attachment with a copy of the Hamburg court rule they refer to somehow not linked, one can only guess that this links to §95a UrhG).

github.com/github/dmca/blob/ma

@codeberg @af Out of curiosity, what's codeberg's DMCA compliance policy?

@shom @codeberg @af

The DMCA takedown process which leads to many bogus takedowns does not matter to us at all.

HOWEVER, we do not allow hosting stuff that is illegal in the EU/Germany and/or contains proprietary copyrighted code (we are a free software platform)

In case of youtube-dl the situation is not really clear (if it cracks a copy protection it might be illegal in Germany, and that is how some people argue).

And I am not a lawyer ;)

@ashimokawa @shom @codeberg @af

that was not much clear. If USG ask you guys to take down youtube-dl with same notice and stuff, what would you do?

Same question about sanctioned people. If USG asks you to not provide service to Iranian people, just like how they ask German banks, what would you do?

@arh @ashimokawa @shom @af If we get "asked" by official German authority, a court, we of course have to adhere to the order. However, this is not happening just by some letter from some individual or corporation.

This is the difference to the US DMCA takedown process, where any individual or company can issue a takedown request with immediate effect, and then the burden of proof is on the side of the project.

@arh @ashimokawa @shom @af
We are preparing a posting to clarify our position with respect to the issue. Please join codeberg.org/Codeberg/Communit with questions or comments to discuss.

@codeberg @arh @ashimokawa @shom @af no offense, I love you guys, but I do not believe that your position on this one matters much. This needs to go to court and we need a decision that kicks the RIAA in their place (and, perhaps, in the nuts). But again: this is just my position, and this does not matter much, either. In the end, only a court ruling will fix this in the long term.

@claudius

The #RIAA still alive? 😳 And just as annoying as always I see.

On the other hand, I welcome the helping hand in moving #FOSS away from #GitHub. Exitus acta probat. 😁

@codeberg @arh @ashimokawa @shom @af

@arh @ashimokawa @shom @af We operate under German/EU law. This means the USG would have to influence/"convince" German/EU to share their view and implement it here. So far this did not happen

@codeberg @ashimokawa

that's a relief. By U.S. export and sanctions law (which some countries such as Germany comply with sometime) you may be forced to stop selling to us Iranians which is impossible even now because of banking sanctions but anyway you don't have to block the connections and/or cut the access.

Same happens with us in GNU but we have no problem here. Do you own a lawyer to help you with this stuff if similar thing happens?

@codeberg @ashimokawa

FSF owns a lawyer and with the help of that lawyer, FSF and GNU are open to us Iranians but they can't sell us stuff, which is not the case because they don't sell anything. I'm even a part of GNU myself and also an associate member of FSF.

But Codeberg sells. If USG complains to German government to force you stop us from buying products from you, you can stop that but by law you're not forced to block our IPs and connections.

@codeberg @ashimokawa

If you own a lawyer, that lawyer can help you with the matter. This is all hypothetical and you currently don't need it obviously but I'm telling you just in case. For now, European services such as you guys are our only hopes to remain part of the world as almost all U.S. services are now blocking us because of our nationality.

@arh @ashimokawa The FSF does sell mugs, T-shirts, stickers and other swag.

We do not sell anything.

(But we might sell T-shirts, mugs and stickers too, at some point. They are nice publicity.)

@codeberg
I though we can buy premium membership. What is Codeberg e.V. then?

Anyway, the point is you can let us use your service even by complying to U.S. export law and sanctions. Please don't be like GitHub and Gitlab dot com when it comes to us Iranians.
@ashimokawa

@arh @ashimokawa Codeberg e.V. is a registered non-profit NGO for the common good ("Gemeinnütziger eingetragener Verein" in legalese)

@arh @codeberg

Codeberg is funded by donations and membership fees. There is no premium plan to "buy".

There is no reason to block iranian users. We won't do this unless there is some law that forces us to. Which I consider unlikely in the EU

@arh @codeberg @ashimokawa Codeberg e.V. is the "eingetragener gemeinnütziger Verein" (~ registered non-profit association) in Germany, which means that we can retrieve donations & a yearly fee for registered members, which have certain benefits like voting rights or the possibility to get elected for various positions.

Due to us being non-profit, we can't really sell products or services, except under very strict restrictions.

@momar
Yeah guys here told me. I wasn't familiar with the structure. Thanks for the explanation.
@codeberg @ashimokawa

@ashimokawa there is no cracking of technical protections. It just pulls the files via HTTP that would usually be pulled via the Madia Player. If the files employ DRM it won't work. You can see this with TVNow which has a mixture of protected and not protected videos and only the latter can be downloaded via YouTubeDL

@marix

I think the process of getting the obfuscated actual video URLs counts as protection for some.

@ashimokawa @shom @codeberg @af@librem.one Just as clarification here, it looks as if RIAA was suggesting two reasons for the takedown:

1. the use of example URLs in the source code that lead to copyrighted works

2. RIAA trying to classify de-obfuscation of publicly-available URLs as a form of DRM circumvention.

@ashimokawa @shom @codeberg Neither can hold up in court -- even in the USA -- because they can't prove they own the URLs themselves and DRM requires some involvement of a private key in order to restrict usage since if everything is available to the public, it's considered public domain, not private.

At least, that's our understanding. We are also not a lawyer.

I assume these persons or institutes are not being able to think about the fact that viewing it is almost the same as downloading it.
apt-cache search youtube|wc -l
34


Es gibt sicher auch source packages zum download :-)
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