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by _bxe2 2067 days ago
Gitlab is not immune to DMCA notices either since it's a US company. The RIAA probably won't try to take it down unless the youtube-dl development is actually relocated there or they become aware of it somehow. You'd have to host it in a country where DMCA can safely be ignored (anonymously of course), e.g. the Netherlands or Russia, if you want it to stay up reliably.
2 comments

So true.

But to me as a long time Gitlab fan this shows the power of using Gitlab. Because if they were using Gitlab when the DMCA hits they could have easily migrated to their own Gitlab instance.

While Github would have to export things into another format. I'm sure people have worked on exporting data from Github to Gitlab but it seems much easier to just use Gitlab.

Edit: And of course besides data, you can't migrate contributors as easy. Which is also where Gitlab is powerful because it's open source and people are actually discussing federation in it. I doubt Github will ever get any kind of federation outside of microsoft services.

> could have easily migrated to their own Gitlab instance

Not sure if I would do that. Wouldn't that make me directly a target for the companies issuing the DMCA?

You're always a target of DMCA takedown requests, but having the freedom to host yourself anywhere with federation to other instances would give you the freedom to ignore it.
You're already a direct target of the DMCA if you control the code. They go through GitHub for ease.

Yes, if you host this anywhere without safe harbour protection you're going to get the DMCA takedown directly

Gitee.com is a popular Chinese alternative. I'm pretty sure it'd be safe there.
China has extremely strict anti-scraping laws [1] so pointing out that youtube-dl is a tool that can be used to illegally scrape copyrighted data is likely to have the same effect as a DMCA takedown request with the same justification.

[1] a collection of cases: https://github.com/HiddenStrawberry/Crawler_Illegal_Cases_In...

> China has extremely strict anti-scraping laws

It might be the case, but the repo you linked doesn't support that claim very well, and the cases cited are largely irrelevant to the case at hand.

"Forbidden area #1: providing scraping-related services to criminal organizations". Three cases listed. The first is one programmer's personal account of being arrested, which is very scant on why; the only info I can glean: "I developed some sort of ML API which is then used by a criminal enterprise against some influential company for god knows what purpose". Hard to draw any conclusion from that. The second case is ML-based CAPTCHA bypass for credential stuffing against Tencent QQ, emphasis on credential stuffing. The third case is some sort of black hat SEO campaign against Baidu, the scraping part (if any?) doesn't seem central to the conviction.

"Forbidden area #2: scraping and sale of personal info". Common sense, irrelevant.

"Forbidden area #3: commercial use of unlicensed business data" and the following untitled category list three cases, all of which are mass scraping operations either from a business competitor or that seriously affects site operations (through aggressive scraping).

AFAIK there are a lot of low hanging fruits in the Chinese piracy scene not yet targeted, and there are enough small-time commercial operations involving copyrighted media products begging to be taken down, it's highly unlikely anyone will bother to target some high-barrier-of-entry tool mostly facilitating the download of otherwise public videos.

#1 is relevant, because the developers of scraping services themselves were held liable for the use of their tools for illegal purposes. As you say, there are many small-time copyright infringers (a.k.a. criminal organizations), some of which probably use youtube-dl to circumvent anti-scraping measures (analogous to the CAPTCHA bypass case).

> it's highly unlikely anyone will bother to target some high-barrier-of-entry tool mostly facilitating the download of otherwise public videos

It's true that any particular violation is unlikely to be prosecuted because there are so many, but youtube-dl is already being targeted, so if it stays up on Gitee (or Gitlab, for that matter), then only because RIAA doesn't file a complaint.

I’d say a publicly disseminated free tool is pretty different from for-profit services with contracts. Other than the very vague case from which we can conclude nothing, all other cases are clearly for-profit, and the QQ credential stuffing case specifically established that the for-profit service provider was aware/suspicious of the criminal abuse as part of the conviction.

> only because RIAA doesn't file a complaint

Pretty sure RIAA/MPAA aren’t targeting China (yet), it’s still a bittorrenting Wild West according to my Chinese sources. They’ll need lawyers specialized in Chinese law and be prepared to navigate a foreign legal system if they want to look that way, frivolous DMCA takedowns that they file hundreds a day won’t do.

The power of a legal threat lies in the fact that there could be follow-up legal action; it’s toothless if no legal action could follow.

> Pretty sure RIAA/MPAA aren’t targeting China (yet), it’s still a bittorrenting Wild West according to my Chinese sources. They’ll need lawyers specialized in Chinese law and be prepared to navigate a foreign legal system if they want to look that way, frivolous DMCA takedowns that they file hundreds a day won’t do.

Pretty sure they already have Chinese lawyers. While suing every single BitTorrent user would be an exercise in futility, the effort is much more justified when limited to the handful of big video platforms, where the licensing fees are enough to offset the legal costs of enforcing compliance. Those platforms are using their licensed content to convert free users into paid (e.g. first few episodes are free to get you hooked, the rest requires a VIP account), so they also have an incentive to prevent pirates from undercutting them with a free copy on their own platform.

I think torrents will get less and less popular in China due to an increasingly mobile-first user base and rising incomes making paid content more convenient that piracy. I know someone active in the subbing scene, and they recently had to handle an entire subtitling project on their own because the other members quit the group. (I don't know why they quit, though. Maybe they just grew out of the hobby.)

I don't think so. Youtube-DL can rip some popular Chinese VOD websites such as Bilibili and iQIYI, thus will first be "subjectable" to the Chinese equivalent of DMCA.

Worse, these companies are often backed/protected by powerful figures (often under the umbrella of some influential state members) and under such power, these kind of "threats" will be eradicated very efficiently, especially with Bilibili which is partially "state-monitored" (not sure if sponsored) due to the presence of the channel of the official youth branch of CCP is opened there [1].

Thus, relocating your repository to gangs aren't safe at all.

A rule of thumb: The prerequisite for your business to survive in China is that you need to have powerful affiliates, and make sure you do not piss off that powerful guy.

[1]: https://space.bilibili.com/20165629?from=search&seid=1277417...

It's hilarious how people on this site reacts at the mere mention of China on any topic. Everyone is apparently an expert.

Gitee has hosted a youtube-dl mirror for years.

https://gitee.com/mirrors/youtube-dlg

Um, that doesn't look like a youtube-dl mirror?

It seems to be an old (last updated 2 yrs ago) project providing some kind of gui for youtube-dl.

Hate to say about it but I'm ethically Chinese and I just happened to know some little thing about it...I know it's a great gambit so I hope I don't have to use the race card at the very least...

Then people straight out attacking me thinking I'm attacking China...

Were you born and raised in China? If not, this is the lamest reply ever. Using any "race card" is never okay, not only because it is just a perversion of appeal to authority, but also because your ethnicity does not impart any special secret knowledge about the universe that a few supporting links can't also reveal. Appealing to your ethnicity is not a proxy for being a member of some culture.
You need to give you phone number to use there service, it's China.