Media scraper Gallery-dl is moving to Codeberg after receiving a DMCA notice

https://github.com/mikf/gallery-dl/discussions/9304

DMCA Takedown Notice by FAKKU, LLC · mikf gallery-dl · Discussion #9304

I've received an email regarding a Fakku ™️ DMCA involving gallery-dl as well as 28 other repositories: INFRINGING FILES: gallery_dl/extractor/nhentai.py - NHentai extractor gallery_dl/extractor/ex...

GitHub
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.

Wait a second... By the view you're espousing right now, doesn't that make this conversation "illegal"? Why aren't we filing DMCA takedowns to HN because the list of the naughty sites is at the top of the page for this very thread?

This seems like turtles all the way down.

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.
Seems like a strange way to attempt to police the internet by proxy. The Internet should ignore or route around people attempting to police how nodes connect to each other.
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.
No one has the guts, time, or money to challenge it though
This is what groups like the EFF are for: https://en.wikipedia.org/wiki/List_of_litigation_involving_t...
List of litigation involving the Electronic Frontier Foundation - Wikipedia

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.

The problem here is that the complaint seems to be filed by the copyright owner (or licensee) but the code is accessing piracy sites. There could be a circumvention case if the piracy site is the one filing the copyright complaint, but they have not.