MoltenMonsterMedia scraper Gallery-dl is moving to Codeberg after receiving a DMCA notice
It's important to remember that these projects are not violating copyright law, are not circumvention tools, and that filing a DMCA notice against them is in fact unlawful.
Linking to piracy sites whose content is all blatantly stolen from artists does seem violating to me.
what piracy sites is gallery-dl linking to?
I do not want to promote them here, but if you read the linked github thread you will see the names of what extractors were deleted.
Through the DCMA lens, does a tool having the ability to download from example.com = linking to example.com?
In this case the files you could view on github literally had links directly to copyrighted works. It was not just that it was compatible with pirate sites.
Where? I looked at a copy from March 16, and I only saw placeholders like 12345 and 12345/67890abcde in the files mentioned in the issue
Look in the test vectors and you will see ones that are not for generic ids.
That seems like an argument to go after the actual alleged illegally hosted materials through the proper DMCA takedown request.
Both should be done. Often the actual illegally hosted materials are on servers not friendly with takedown requests or will get immediately reloaded by the pirates. By going after the links it can cut off the ability for people to find the illegally hosted materials.
Is this like how in France, DNS resolvers are legally required to block certain websites? That's right, if you run "unbound" with default options in France you're a felon.
This is what groups like the EFF are for: https://en.wikipedia.org/wiki/List_of_litigation_involving_t...
Sadly, you're mostly right and the comments section saying to find a pro-bono lawyer is laughable. I think anyone who believes that exists should actually reach out to a real lawyer and see how that conversation goes. I've had those conversations.
Firstly, they can't exist most of the time you can't actually call a lawyer and talk to them - you get their office and their "job" is to gatekeep that lawyer from making any discussions with anyone who isn't represented or paid for a consultation.
Secondly, once you do get into contact with them you'll get a blank stare or phone silence. This is not how most lawyers view pro-bono work. Most of them have a very small quota of pro-bono work to be done and that's it. They get assigned a case by their firm or go and accept a few a year from the state and they're done with it. The idea that an altruistic lawyer exists out there ready to do free and unpaid work is virtually non-existent today.
It's lawful if you have a good faith belief that it's a circumvention tool.
It might even be true. Not having a download button is a copy protection measure. If this project bypasses not having a download button, it's illegal under DMCA.
Sounds like Codeberg would still take down the repo, but would be more supportive: https://blog.codeberg.org/on-the-youtube-dl-dmca-takedown.ht... (2020)
Maybe there are more recent examples?
That won't be easy because Codeberg follows German law.
Germany and the EU will probably kowtow to the US if the DMCA requests or lawsuits are brought by big enough players.
Big money interests rub shoulders with US politicians, US politicians deal with their overseas counterparts. Therefore, big enough DMCA requests will be mentioned behind closed doors in the same breath as international trade and other geopolitical concerns. Money protects money in deals between close enough friends and allies.
If Codeberg were based in Russia or a US geopolitical adversary, on the other hand, such requests would likely be ignored.
A DMCA takedown is targeted at the host and is a pre-lawsuit thing ("we claim X and if you take it down now your host is safe" via the DMCA Safe Harbor provisions). If they escalate to lawsuits then not sure it's significantly different in Germany vs the USA. It's not like Europe is free from things like blocking all of Cloudflare because the football league wants to.
It's exciting to me recently with the increase in copyright abuse and AI blurring the lines that more people are going to be involved with decentralized systems.
There have been multiple different ways to host git repositories over DHT networks such as BitTorrent. Similarly there have been ways to run DHT backed commands for Linux package managers like apt.
These tools often receive little praise because the value of decentralized systems seems low when centralized systems are working to most users without too many issues.
The enshittification is ramping up so quickly recently that more people are reaching out to me on how to setup Linux syatems, home media servers, etc. I genuinely enjoy these technologies, but for the last decade I had more or less just shut up about them to avoid being that guy.
I was actually just wondering if torrents were the way to go.
I don't have any experience with github so not sure if torrents are at all suitable but I always had the thought that they were decentralized so once released hard to stop as long as someone has a copy.
I don't have any experience with github so not sure if torrents are at all suitable but I always had the thought that they were decentralized so once released hard to stop as long as someone has a copy.