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by ferdek 2058 days ago
Well, following their logic behind DMCA compliant, I guess fiddling long enough with developer's console on Chrome or Firefox would allow you to download potentially copyrighted material from youtube the same way youtube-dl does.

sed s/youtube-dl/firefox/g and voilà, DMCA for Firefox ready to submit...

Let's go further! Let's DMCA the Linux kernel because it runs Firefox/youtube-dl/curl/wget!

2 comments

The logic behind the DMCA complaint is that youtube-dl is “marketed … for use in circumventing a technological measure that effectively controls access to a [copyrighted] work” [1], not that it “allows you to download potentially copyrighted material from youtube.”

[1] https://www.law.cornell.edu/uscode/text/17/1201

But it wasn't. This was just a unit test.
A unit test is an example of how the program is intended to run. It's the intention.
The hell it isn't. A unit test is a bench test for one particular functional unit. It's a check function. If you accept that tests as carrying intent, then I demand every weapons researcher or biologist to be arrested this instant. Clearly they are only out to murder people. That is patently ludicrous.
> If you accept that tests as carrying intent, then I demand every weapons researcher or biologist to be arrested this instant. Clearly they are only out to murder people.

Well, what do you think weapons are for? I’m not saying arrest them but that isn’t really a great example, considering the sole purpose of weapons is to kill or destroy. Using weapons for anything other than killing or destroying is basically a secondary usage.

One of the tests in question extracts the m4a audio file of a Taylor Swift song [0] that has nearly 3 billion views and shows me 2 ads before playing. That's a lot of revenue for UMG, who I guess are a bit unhappy with this mechanism that youtube-dl provides of listening to it without having to watch the ads.

[0] https://www.youtube.com/watch?v=nfWlot6h_JM

So it's only a problem if the video has a lot of views and ads? If that's the case, we should ban all Pi-holes, too, as they _can_ be used to block ads. What if I have YouTube Premium, then I don't see ads, so am I allowed to download via youtube-dl?
No, it's not.

A unit test is there to allow the developers to test whether the program is producing expected output from certain inputs.

It doesn't demonstrate that it's intended for circumventing copyright.

They just picked examples to use for in test cases.

The Linux kernel does not have "youtube" in its name–it isn't advertised as a way to download videos.
So if youtube-dl had a different name it'd be ok?
I'm not a lawyer, and even if it was I could never tell you that anything would be "ok" in this kind of situation. But I suspect that it would be better off.