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YouTube-MP3 Ripper Creator Takes On Google

judgecorp writes "21-year old computer science student Philip Matesanz is ignoring a 'cease and desist' order from Google over his site YouTube-mp3.org, which rips audio tracks from videos hosted on YouTube. Instead, he has launched a public campaign against Google, arguing that German law allows what he is doing. Matesanz has an online petition."

141 comments

  1. It may be legal in germany... by Anonymous Coward · · Score: 5, Insightful

    But does he not know that when it involves the internetz American law applies ? :) Just ask that British guy that faces extradition to the US for things that are legal in the UK.

    1. Re:It may be legal in germany... by NettiWelho · · Score: 2

      But does he not know that when it involves the internetz American law applies ? :) Just ask that British guy that faces extradition to the US for things that are legal in the UK.

      Indeed, lucky for this guy Germany isn't UK.

    2. Re:It may be legal in germany... by camperslo · · Score: 4, Insightful

      I'd think the real problem would be the use of youtube in his site name.

    3. Re:It may be legal in germany... by littlebigbot · · Score: 1

      It depends on Germany's copyright treaties with the US.

    4. Re:It may be legal in germany... by Bigby · · Score: 1

      He is fine with the usage, as much as google-sucks.com would be protected.

      PS: I don't think Google sucks.

    5. Re:It may be legal in germany... by ThatsMyNick · · Score: 1

      ICANN would be more than happy to resolve domain name disputes. I really doubt that the domain name is the issue.

    6. Re:It may be legal in germany... by Raenex · · Score: 1

      Just ask that British guy that faces extradition to the US for things that are legal in the UK.

      Which guy would that be? The most prominent one I know about is McKinnon, and he is charged with crimes that are illegal in both places (computer hacking).

    7. Re:It may be legal in germany... by Anonymous Coward · · Score: 0

      The would be Richard O'Dwyer. Which took me all of 30 seconds to find via a search (couldn't recall of the top fo my head)

      Or maybe that's too much effort for you ?

    8. Re:It may be legal in germany... by rioki · · Score: 2

      No it does not ... directly. The copyright treaties are either ratified into German law or they are invalid. Natural persons are not bound by international treaties. Countries are bound by international treaties to ratify them into law.

    9. Re:It may be legal in germany... by Anonymous Coward · · Score: 0

      Search terms or it didn't happen . . .

    10. Re:It may be legal in germany... by Raenex · · Score: 1

      Which took me all of 30 seconds to find via a search (couldn't recall of the top fo my head)

      Or maybe that's too much effort for you ?

      First off, I did a search and found lots of McKinnon links, you stupid dick. Maybe if the original poster had "put the effort in" and actually listed the name, there wouldn't have been any ambiguity.

      Second, a UK judge said what O'Dwyer did was illegal in the UK. From Wikipedia: "During O'Dwyer's extradition hearing, it was held by the judge that the offences alleged were also illegal under UK law. Whereas TV-Links was able to successfully argue it was a "mere conduit" under the EU Electronic Commerce Regulations 2002, aggregating content "they did not select or modify", O'Dwyer had exerted considerable control over the content hosted on TV-Shack, and therefore the allegations, if true, constituted a crime in the UK. [14]"

      And from the cited reference: "However, Judge Purdy rejected the argument from Mr O'Dwyer's barrister, Ben Cooper of Doughty Street Chambers, because of the control the student had over what links were posted on TVShack.net and TVShack.cc.

      [..]

      "Firstly both TVShack websites were entirely in the hands of Richard O'Dwyer and his co conspirators requiring third parties to sign up to TVShack and be vetted before going further," Judge Purdy said.

      The judge agreed with John Jones, barrister for the United States government, that "because he was intimately involved in deciding who was allowed to post links on the TVShack websites, which links would be posted", Mr O'Dwyer's alleged conduct was a criminal offence under British copyright law."

  2. Hire him Google. by Anonymous Coward · · Score: 1

    End of story.

  3. Good grief by Anonymous Coward · · Score: 1

    How is this different from ripzor.com or downloadhelper?

    1. Re:Good grief by GameboyRMH · · Score: 4, Funny

      Exnae on the ipperrae itessae!

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    2. Re:Good grief by ichthus · · Score: 3, Funny

      Odmae the arentpae up, eh.

      --
      sig: sauer
    3. Re:Good grief by Anonymous Coward · · Score: 0

      what? Please enlighten us, stupid people.

  4. Regardless by Anonymous Coward · · Score: 0

    Even if he's correct and it's legal for him to do what he does in Germany, Google can and will block his access to their servers.

    1. Re:Regardless by mat.power · · Score: 1

      Right, because that would really stop this and other similar services... there's no possible way to get around that /sarcasm

    2. Re:Regardless by Anonymous Coward · · Score: 0

      If they do that, I will totally key their cars.

    3. Re:Regardless by Anonymous Coward · · Score: 1

      And just how could Google do that? It's not like they can set up some magic database to build profiles and identify people based on their browsing habits. Where would they get all that information? ... oh, wait...

    4. Re:Regardless by Anonymous Coward · · Score: 2, Funny

      Record and upload it to YouTube so I can download it later.

    5. Re:Regardless by Anonymous Coward · · Score: 1

      The only reason Google cares about this is because
      a - They need to at least appear to be preventing "Illegal downloads"
      b - They are not getting ad revenue from this website

      I'll let you think about which of those is the real reason they care. Also, if you think Google cannot make it so that the download site is not working more often than it is, then I don't know what to tell you.

    6. Re:Regardless by pixelpusher220 · · Score: 2

      because 'people' aren't browsing google, HIS site is. It specifically says his infrastructure does the work so all google does is block his servers and then it doesn't work.

      --
      People in cars cause accidents....accidents in cars cause people :-D
    7. Re:Regardless by Anonymous Coward · · Score: 0

      Google previously cancelled the site owner's AdSense account, so actually that is their own fault.

    8. Re:Regardless by Anonymous Coward · · Score: 1

      This guy is a moron as are those who support him.

      Also, every living creature in the universe is a moron, except for a few geniuses like mozart, the guy who invented hot dogs and myself.

      Honestly, writing a constructive comment is trivially easy. There are lots of resource to learn from. Insulting everyone and the kichen sink is just dumb anyways.

    9. Re:Regardless by Travelsonic · · Score: 1

      ... you idiot.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    10. Re:Regardless by xenobyte · · Score: 1

      Even if he's correct and it's legal for him to do what he does in Germany, Google can and will block his access to their servers.

      How? - By blocking his IP? - Enter the UK block of TPB... You can actually - and fairly easy - switch IP's to your hearts content. TPB does that, rendering IP-blocks useless.

      Alternatively he can use VPN or proxies to fetch the videos from Youtube. All these services maintain a local cache of mp3's they've created so they only need to access Youtube whenever someone requests something new.

      --
      "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
    11. Re:Regardless by xenobyte · · Score: 1

      because 'people' aren't browsing google, HIS site is. It specifically says his infrastructure does the work so all google does is block his servers and then it doesn't work.

      ...until he switches IP, just like TPB does.

      --
      "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
    12. Re:Regardless by rioki · · Score: 1

      And he can sue Google for anti competitive behavior...

    13. Re:Regardless by rioki · · Score: 1

      Following the description the service does not save the mp3s, since that would be breach of copyright law. But the comment on proxies remains valid...

    14. Re:Regardless by pixelpusher220 · · Score: 1

      fair enough, but given his own admission that this is him and only him, i.e. not a corporation or large group, I suspect his ability to do that for any length of time is fairly limited.

      In any event, the post I was responding to was saying Google would have to block the 'users' of his service from accessing Google.

      --
      People in cars cause accidents....accidents in cars cause people :-D
    15. Re:Regardless by pixelpusher220 · · Score: 1

      What anti-competitive behavior? He's perfectly capable of setting up his own Youtube that allows this type of activity.

      Google has terms of use likely imposed by the copyright holders and frankly because Google makes money off the ads and his service removes the page views from their servers.

      There's the common sense argument that I think you're making and I agree with, but legally Google is going to be quite justified in this behavior.

      --
      People in cars cause accidents....accidents in cars cause people :-D
  5. Potential problem by Anonymous Coward · · Score: 3, Interesting

    I see some trouble on the horizon, since his converter is using an .org domain. The expert assessments only concern German law, but the site is accessed by an international audience. Google might use this fact against him, but of course there is more danger.

    Since the US has de facto already claimed legal jurisdiction over all people and companies whose domains are under US "control", even if the servers are located elsewhere and the sites are used by people from all over the world, he might face accusations for copyright infringement and an extradition request.

    1. Re:Potential problem by Anonymous Coward · · Score: 0

      So the guy is totally in order with German laws, but since he got a .org domain, he might face an extradition request?
      idontwanttoliveonthisplanetanymore.jpg

    2. Re:Potential problem by Anonymous Coward · · Score: 0

      Change domain, problem solved, NEXT!!!!!!!!!!!!

    3. Re:Potential problem by cpghost · · Score: 1

      If he's a German citizen, he can't be extradited to the US. At least not by Germany. If he travels abroad, that's another question.

      --
      cpghost at Cordula's Web.
    4. Re:Potential problem by Internetuser1248 · · Score: 2

      I doubt Germany would extradite over this. The UK is the US' lapdog, Germany less so. I am not saying they couldn't be persuaded, but it is unlikely.

    5. Re:Potential problem by Anonymous Coward · · Score: 0

      Germany doesn't extradite.

    6. Re:Potential problem by Sentrion · · Score: 2, Informative

      As long as the US still has military bases in Germany it would be a relatively simple operation to pick him up off the street, throw him in a van with diplomatic plates, put him in a crate marked "diplomatic cargo", and fly him to one of many secret US prisons around the world (there's probably one on Rammstein, so he wouldn't even have to leave Germany). Since he's not a US citizen, he has no rights under the US Constitution, and America doesn't give a crap about the sovereignty of other "so called" nations that it defeated in WWII.

      All Google has to do is suggest that this young "hacker" is a "cyber terrorist" acting against the interests of American corporations, which doesn't seem like much of a challenge given how our government always goes along with anything a corporate lobbyist tells them.

    7. Re:Potential problem by Anonymous Coward · · Score: 1

      What the fuck is this bullshit? A van with diplomatic plates for a ToS violator, really?

      Everyone knows that they use black helicopters for extraordinary renditions like this.

    8. Re:Potential problem by raynet · · Score: 1

      You do know that even .de -sites can be accessed by international audience, even sites without domain names can be accessed by international audiences, the is the default behaviour of the internets....

      --
      - Raynet --> .
    9. Re:Potential problem by Anonymous Coward · · Score: 0

      Doesn't Germany refuse to extradite to countries that still have death penalty?

    10. Re:Potential problem by rioki · · Score: 3, Informative

      Actually a German citizen can not be extradited from Germany. It actually even works the other way around. If you happen to commit a crime in a foreign country, the German government will try "everything" (at different degrees of everything) to get you back to Germany and then try you under German law. This is done since German law is seen as fair and others as barbaric. There where a few high profile cases of drug possession in Tailand (which will get you executed), where the German government intervened.

    11. Re:Potential problem by rioki · · Score: 1

      Germany doesn't extradite German citizens.

      FTFY They won't have problems extraditing US citizens to the US...

  6. Service? We don' need no steenking service by SlithyMagister · · Score: 2

    This is sofa king lame.

    You don't need a service to extract the audio.from a YouTube stream

    While I have no objection to anyone doing this themselves for the convenience etc, I DO object to someone trying to extract $$$ from something that is not his

    .

  7. When you want something by Anonymous Coward · · Score: 0

    and you don't want to pay for it!

  8. The TLD is under the jurisdiction of the USA by Anonymous Coward · · Score: 2, Interesting

    As I understand, .com, .net, .org, .edu, .gov, etc., are TLDs under the jurisdiction of the USA. Therefore, he must follow the laws of the USA, even if his host is located in Germany. If he wants to claim that it's legal in Germany, then he needs to put his site on the .de TLD.

    Even if his site was on the .de TLD, and it was legal in Germany, the fact that he is an individual taking on a Fortune 100 company means he will lose. GOOG probably has more lawyers on its payroll than the number of lawyers in all of Germany. In a Western country, its money that decides who will win in the courts.

    As an aside, I snicker at the naivete of youth. An online petition, really? He might as well write his wish on a piece of paper, tie it to a balloon, and release it into the sky.

    1. Re:The TLD is under the jurisdiction of the USA by Anonymous Coward · · Score: 0

      As I understand, .com, .net, .org, .edu, .gov, etc., are TLDs under the jurisdiction of the USA.

      That argument is always idiotic. The domain name isn't what is under attack. The content of the website is. The domain name is not the content of the website. The domain name probably does follow US law.

    2. Re:The TLD is under the jurisdiction of the USA by Anonymous Coward · · Score: 0

      Nobody said the domain name was the problem. The domain name defines whose jurisdiction the site resides within, and therefore, which laws it must follow. The .org TLD is the jurisdiction of the USA, which means the content of his site must follow the laws of the USA.

    3. Re:The TLD is under the jurisdiction of the USA by Anonymous Coward · · Score: 0

      No one can honestly say laws are being broken in the US. Anyone (including the law, if that is the law) who says otherwise is arguing for something absolutely absurd. Them using your little strings of text doesn't mean the entire website is under US jurisdiction.

      Another way for the US to try to become the world police...

    4. Re:The TLD is under the jurisdiction of the USA by BenoitRen · · Score: 1

      In the USA, its money that decides who will win in the courts.

      Fixed that for you.

    5. Re:The TLD is under the jurisdiction of the USA by Anonymous Coward · · Score: 0

      So, if I get a static IP from my ISP, and then go out and buy a .cn domain, I can torrent all the movies and music I like without any fear of repercussions?

      I'm pretty sure the physical location of the servers is what matters most. But if it really is just buying a .cn domain, I think it'd be a great investment.

    6. Re:The TLD is under the jurisdiction of the USA by rioki · · Score: 2

      You should come by and visit Germany. Nice place, fast cars, nice girls and sane courts. You can take as many lawyers as you like, what counts are your arguments and the law as printed. Germany has strong bias towards written law, instead of case law. Case law is only relevant where written law is not explicitly defined something. Under German law, you can only sue at the place of the crime or where the defendant is situated. In this case this would be where the servers are hosted or the guy lives. Google can try to mount a case in the US, but that is futile, since Germany will not extradite a German citizen and not extradite at all in civil matters.

      Come by, we can rent a A4 and take a spin down the A5 at 180 km/h at 3 am.

  9. Why should Google care... by mark-t · · Score: 5, Insightful

    Why would it matter to Youtube if somebody rips the sound track from a video? If it's an issue of unauthorized copies, then shouldn't the video with the unauthorized soundtrack on itin the first place be taken down?

    Sorry if this is a dumb question, but I read the article and I really don't see what difference it should make to Google, since they have *NO* ability to even *know* whether or not a user might be ripping the sound track from a video in the first place.

    1. Re:Why should Google care... by mat.power · · Score: 4, Informative

      There are videos with copyrighted material on YouTube which is allowed to be on YouTube (many artists/labels put music up themselves). That doesn't mean anyone is free to turn it into an mp3. Though, I'm not sure why Google would go after a site like this, rather than the music industry... perhaps someone else can explain that :)

    2. Re:Why should Google care... by MightyYar · · Score: 1

      I'm sure it has to do with the licensing agreement that Google has with the studios that allows the music to be on YouTube in the first place.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    3. Re:Why should Google care... by Anonymous Coward · · Score: 3, Insightful

      Google does not get ad revenue if you don't view the video on Youtube

      Google gets even less ad revenue if you download the song using a third party download service (who also gets ad money) and then listen to it on your PC at your leisure.

    4. Re:Why should Google care... by Antipater · · Score: 2

      Not all Youtube videos with soundtracks are unauthorized. There are videos that have paid the royalties, or are uploaded by the copyright holders themselves. This guy is enabling people (so the argument goes) to make unauthorized copies of the music from, say, the newest Lady Gaga music video, and he's making a profit off of it.

      --
      Everything is better with chainsaws.
    5. Re:Why should Google care... by Remus+Shepherd · · Score: 1

      But what amazes me is that this has always been possible and always will be. If there is sound coming out of your speakers, there is a way to record it.

      I guess the auto-ripper website makes it so easy as to make Google nervous. But when they manage to stamp out all of those websites, they'll next have to come for the thousands of different audio software that record whatever your computer is playing. Then they'll have to go for the manufacturers of headphone plugs, because if nothing else you can always wire your headphone outlet to your speaker input. Then they'll have to go after handheld audio recorders...

      It's just silly. Anything put on Youtube can and will be endlessly copied. For Google to act otherwise is...I dunno, maybe 'security through assuming people are stupid'.

      --
      Genocide Man -- Life is funny. Death is funnier. Mass murder can be hilarious.
    6. Re:Why should Google care... by C0R1D4N · · Score: 2

      In other news, the sale of stereo cables will be banned because they can be connected from the speaker port to the microphone port for the piracy of music from youtube.

    7. Re:Why should Google care... by mark-t · · Score: 3, Insightful

      I'll see your banning of stereo cables and raise with mandatory lobotomies so that people can't retain any "unauthorized non-digital copies" in their brains.

    8. Re:Why should Google care... by Anonymous Coward · · Score: 0

      It has also always been possible to invite a friend over and let him/her play your new video game (that they didn't buy!), or listen to your new record. This is different than uploading a copy and sharing it with a few million people.

      Yes, you can still rip the music from videos YOU want the music from. This site allows you to instead of sharing a youtube link share the youtube-mp3 link. Which is sorta like you putting a MP3 on a web site and sharing the link with everyone. This isn't a one step download only service. They are making available MP3's of which they do not have the owners permission to make available. If you want the MP3's of content, ask the content owner to make them available.

    9. Re:Why should Google care... by CanHasDIY · · Score: 3, Interesting

      There are videos with copyrighted material on YouTube which is allowed to be on YouTube (many artists/labels put music up themselves). That doesn't mean anyone is free to turn it into an mp3.

      Bullshit. For example:

      Aerosmith decides to play a show in a public park down the street from my house. Since I can hear the entire show from my back porch, I have every right in the world to place a tape recorder on my own property and record the public performance. Granted, it is likely still illegal to profit from said recording, but making it is decidedly not criminal.

      The key phrase here, of course, is "public performance." Once you put something out on the public airwaves, where every Tom, Dick, and Harry has access, you effectively surrender your control over its distribution.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    10. Re:Why should Google care... by fatphil · · Score: 4, Insightful

      I don't see how "you can have the bytes that encode the audio track and the bytes that encode the video track" can be true whilst "you can have the bytes that encode the audio track" is false.

      Fair use rights and precedent imply that I should be able to store what I download to play when is most convenient for me.

      This guy's just making what ought to be legal easy? That shouldn't be illegal.

      --
      Also FatPhil on SoylentNews, id 863
    11. Re:Why should Google care... by tlhIngan · · Score: 2

      Why would it matter to Youtube if somebody rips the sound track from a video? If it's an issue of unauthorized copies, then shouldn't the video with the unauthorized soundtrack on itin the first place be taken down?

      Probably not if YOU do it. But if someone else does it, it's a Big Deal.

      If you haven't noticed, YouTube has ads - they have ads that play before the video plays (if only they could determine if I'm watching a 1 minute video, to NOT show me a 3 minute ad...). They also have pop up ads that show about 10 seconds in (the yellow line in the bar gives it away).

      Google's revenue source is ads. Basically a site like this means Google's serving up video (for free) without making it back as an eyeball in ad revenue. And for YouTube original content, those ad views also go back to the creator, so it's possible Google even loses money on that - paying the creator for a view that never happened.

      If it wasn't so expensive to host, you could bet that MP3 rippers would be a fairly minor issue - there would be sites that let you view YouTube videos ad-free.

      What Google did is perfectly consistent and doesn't matter about the source material, the RIAA, MPAA, whatever. They will ensure they get their ad views.

      Hell, I'm surprised Google didn't just sign up a bunch of audio ads and insert them in the audio stream when it detects the site.

    12. Re:Why should Google care... by Richard_at_work · · Score: 2

      Your "example" doesn't disprove the post you replied to - you are free to record the public performance, you cannot distribute it tho as the performer still holds the copyright for the performance. You own the recording, but you can't do much with it.

    13. Re:Why should Google care... by houghi · · Score: 1

      If it's an issue of unauthorized copies, then shouldn't the video with the unauthorized soundtrack on it in the first place be taken down?

      No. Just because I put my audio online does not mean that it becomes public domain.
      So they get an autorised copy and making copies of those is not allowed by current laws.
      If a writer writes a book, a publisher has the right to copy and distribute the work for e.g. 100 copies (or a gazilion if it contains sparkling people). That does not mean you can make a copy of that copy.

      --
      Don't fight for your country, if your country does not fight for you.
    14. Re:Why should Google care... by Anonymous Coward · · Score: 1

      Right. Making a copy for yourself isn't unlawful. But making copies for other people on your ad-supported website...

    15. Re:Why should Google care... by dunezone · · Score: 1

      Google gets even less ad revenue if you download the song using a third party download service (who also gets ad money) and then listen to it on your PC at your leisure.

      They also have links under the video to where you can buy the music through a legitimate distributor. Google most likely takes in a certain % of each sale through that link referral.

    16. Re:Why should Google care... by mark-t · · Score: 1

      I'm not saying that everything online is or should be public domain. I'm suggesting that absolutely ANYONE who watches a video is, inherently, downloading a copy of that video, and that there is absolutely no means that the provider can detect whether the recipient might be saving a copy of any part or parts of that work for their own personal and private use. If it's really not just for their own use, then I can see *THAT* activity being discouraged, but then they should go after them for *THAT* activity, not for simply copying stuff they download from Youtube.

    17. Re:Why should Google care... by mark-t · · Score: 1

      If they really want to ensure that their ad gets views, then they should be horrified at the notion that the player which plays back the video actually runs on the client, and can, with some amount of technical skill, be modified by the client to save the entire video to a person's hard drive in the same definition that it is being viewed.

      Is having the skill to accomplish this task illegal?

      If not, then what about teaching others how to do it?

      In other words, at what point does the mere *KNOWLEDGE* of something like that become illegal? And when did copyright law start governing what information other people are allowed to know?

    18. Re:Why should Google care... by CanHasDIY · · Score: 1

      I can listen to it.

      I can also give copies away at my own expense.

      If I really wanted to be a dick about it, I could claim that my recording was individual art in of itself, and publicly distribute it.


      Of course, that's all non sequitur to the point, as this particular discussion is in regards to the legality of making the recording itself.

      To that end, as Youtube has no membership or payment requirement to view videos, uploading to Youtube is essentially creating a public performance. If the performance is public, than anyone within earshot/sight range has the legal right to create a recording for their own personal use, from their own property.



      The day that recording a public performance becomes illegal, is the day "public" ceases to exist.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    19. Re:Why should Google care... by CanHasDIY · · Score: 1

      I can also give copies away at my own expense.

      Meant to qualify this as hard copies, i.e. CD's, hand delivered.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    20. Re:Why should Google care... by cheekyjohnson · · Score: 1

      They're simply using a tool (in this case, a website) to give a copy of something to someone. If the website didn't exist, they'd likely use other means. The video has to be downloaded to view it, after all.

      I don't see what ads have to do with anything, either. You can't have ads simply because some of the content on your website (temporary or not) might be copyrighted? That seems rather absurd.

      --
      Filthy, filthy copyrapists!
    21. Re:Why should Google care... by VGPowerlord · · Score: 2

      Aerosmith decides to play a show in a public park down the street from my house. Since I can hear the entire show from my back porch, I have every right in the world to place a tape recorder on my own property and record the public performance. Granted, it is likely still illegal to profit from said recording, but making it is decidedly not criminal.

      If you're in the US, it is illegal. Section 106 of Section 17 (i.e. copyright law) gives them exclusive rights "to reproduce the copyrighted work in copies or phonorecords" unless you have a valid fair use reason for said recording. "Because I wanted to listen to it later" isn't a valid reason.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    22. Re:Why should Google care... by CanHasDIY · · Score: 1

      Aerosmith decides to play a show in a public park down the street from my house. Since I can hear the entire show from my back porch, I have every right in the world to place a tape recorder on my own property and record the public performance. Granted, it is likely still illegal to profit from said recording, but making it is decidedly not criminal.

      If you're in the US, it is illegal. Section 106 of Section 17 (i.e. copyright law) gives them exclusive rights "to reproduce the copyrighted work in copies or phonorecords" unless you have a valid fair use reason for said recording. "Because I wanted to listen to it later" isn't a valid reason.

      The sound waves trespassed on my property. Are you saying it's illegal to record the sound waves that enter my private property?

      Got any legal precedent to back that?

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    23. Re:Why should Google care... by gottabeme · · Score: 1

      It's legal to record off the radio or television--why in the world would it be legal to record from the airwaves but not from the REAL AIRwaves?

      --
      "Those who consume the bulk of goods are those who make them. We must never forget this secret of our prosperity."
    24. Re:Why should Google care... by whoever57 · · Score: 1

      I can also give copies away at my own expense.

      Meant to qualify this as hard copies, i.e. CD's, hand delivered.

      While IANAL, I am fairly sure you cannot legally distribute your recording in any form, unless it is covered by some kind of fair use defense and I don't think that giving away CDs of an entire concert would qualify as fair use.

      --
      The real "Libtards" are the Libertarians!
    25. Re:Why should Google care... by CanHasDIY · · Score: 2

      Before posting that, I was thinking about how recording for personal use is legal, and distribution of a personal recording again for personal use is a bit of a legal grey area... but then, I'm going off my own experience and not taking into account the results of the ongoing copyright/patent wars, but now that I think about it (and take recent legal proceedings into account), best to err on the safe side and presume that's not allowed... I suppose one could try and argue that the recording I made is original art, and thus I have a right to distribute it as I please... but for the sake of avoiding bullshit, it's safer to assume that you're right.

      Of course, one major advantage of distributing a burned CD by hand is the lack of paper trail, thus lowering one's chance of capture/prosecution.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    26. Re:Why should Google care... by zoloto · · Score: 1

      What a load of shit. The "powers that be" tried to axe the VCR and Audio Cassette. MP3 ripping is nothing different.

    27. Re:Why should Google care... by rioki · · Score: 2

      Actually no. Under US copyright law you have the right to personal copy for delayed view. That or each and every TiVo would be illegal. If that applies to digital TV, it applies to non encrypted streaming in the internet. The service is just an auxilary, like your TiVo. The big difference here is that Google is claiming TOS violation, which in the US would have occurred, but in Germany TOS must be explicitly agreed to. In the US TOS is basically a contract, in Germany they are only general guidelines; you need a contract to make them relevant. So without a contract general law twats any TOS anytime. (Pro tip: any EULA that you did agree to before paying money is invalid in Germany...)

    28. Re:Why should Google care... by Anonymous Coward · · Score: 0

      Dear libertard, if a salesman comes uninvited on to your property and knocks on your front door, it is not okay to take everything he's carrying. Also, in two party consent states, it's not legal to record calls without notice, even if the call came uninvited to "your private property".

    29. Re:Why should Google care... by Anonymous Coward · · Score: 0

      it is not okay to take everything he's carrying

      Who said anything about taking? Copying is what is happening.

      it's not legal to record calls without notice

      That has little to do with this. Why should they stop you from recording something that they failed to stop you from seeing or hearing? This has absolutely nothing to do with the privacy of two people.

    30. Re:Why should Google care... by rastoboy29 · · Score: 1

      Really?  Why wouldn't anybody be free to turn it into an mp3?

  10. I just registered youtube-mp3.de by acidfast7 · · Score: 2, Funny

    problem solved.

    1. Re:I just registered youtube-mp3.de by Calydor · · Score: 1

      So you're trying to grab the videos from a German domain?

      Let me know how that works for you when it comes to any file with any kind of potentially copyrighted sound on it. HINT: This video is not available in your country because GEMA has not granted the respective rights.

      --
      -=This sig has nothing to do with my comment. Move along now=-
    2. Re:I just registered youtube-mp3.de by icebraining · · Score: 1

      You can't grab videos from a domain. A domain is just a name you give to some IP. The physical machine can be everywhere from Germany to Cambodia.

  11. It's not Google, it's the copyright holders by billlava · · Score: 5, Informative

    It's long been a well-known secret among technologically capable people (like you, dear reader) that it's very easy to download the video files for youtube videos. Extracting the audio is just another simple step away from that. Google has ignored such services in the past because they really don't care if people download these videos or the music on them. Sure, it might eat in to their revenues a little bit, but not much, since most people will just keep coming back to the site anyway.

    The real issue here is that copyright holders (those big evil RIAA members) never realized how easy stripping music from youtube videos actually was. That's the only reason they let all their music go up on the site (albeit slathered with advertising and overlays.) Anytime someone draws attention to how easy getting the audio (or video) actually is, it makes copyright holders skittish. They think that this guy has somehow discovered some sort of technological loophole that allows him to download the files in a way others can't (he hasn't.) Google is probably under tremendous pressure to shut this guy down, and they'll do it just so that nobody starts asking questions about why it's so easy to do what he's doing anyway.

    Better that one man takes the fall (and just shuts down his site) than that the whole world suffers losing unfettered access to youtube source files.

    1. Re:It's not Google, it's the copyright holders by Anonymous Coward · · Score: 0

      Better that one man takes the fall (and just shuts down his site) than that the whole world suffers losing unfettered access to youtube source files.

      Ah yes, better to throw one guy under the train rather than the rest of us having a minor convenience.

    2. Re:It's not Google, it's the copyright holders by Anonymous Coward · · Score: 0

      Ah yes, better to throw one guy under the train rather than the rest of us having a minor convenience.

      How about, let that guy host the files on his own server, that he controls and pays for, rather than use google's?

    3. Re:It's not Google, it's the copyright holders by CanHasDIY · · Score: 1
      So... They'll be going after Microsoft next, for including an audio recording program with their OS? Yea, didn't think so.

      Better that one man takes the fall (and just shuts down his site) than that the whole world suffers losing unfettered access to youtube source files.

      Unless that's you volunteering to be that one man, STFU.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    4. Re:It's not Google, it's the copyright holders by Anonymous Coward · · Score: 0

      Google under pressure? With all the money they make? Not possible, sorry.

    5. Re:It's not Google, it's the copyright holders by Anonymous Coward · · Score: 0

      Microsoft deliberately crippled and hid the built-in audio recorder in windows. And "taking the fall" in this case means "stop profiting from helping people evade our ads".

    6. Re:It's not Google, it's the copyright holders by Anonymous Coward · · Score: 2, Insightful

      Google under pressure? With all the money they make? Not possible, sorry.

      The obvious pressure that the labels can apply to Google is to stop allowing their music to be posted on YouTube. Google knows full well that listening to music is one of the primary uses of YouTube, and that taking all the big-label music down will hurt YouTube ad revenues --- far, far more than any tiny losses from people who ripped the music from YouTube.

    7. Re:It's not Google, it's the copyright holders by Raenex · · Score: 1

      The real issue here is that copyright holders (those big evil RIAA members) never realized how easy stripping music from youtube videos actually was. That's the only reason they let all their music go up on the site (albeit slathered with advertising and overlays.)

      I doubt it. The music execs started putting up official videos very late in the game, after years of trying to keep music locked down with DRM. They just accept the risk as worth the revenue potential.

  12. Re:Service? We don' need no steenking service by _KiTA_ · · Score: 5, Interesting

    This is sofa king lame.

    You don't need a service to extract the audio.from a YouTube stream

    While I have no objection to anyone doing this themselves for the convenience etc, I DO object to someone trying to extract $$$ from something that is not his .

    You mean like Google making advertisement money off of songs being uploaded to Youtube as "movies" that are single static images, usually with the intent for Youtube MP3 Ripper sites to rip said songs to MP3 format?

    I agree, totally unethical behavior and I object wholeheartedly.

  13. Trademarks by DannyO152 · · Score: 1

    I think his real problem is having youtube in the domain. YouTube doesn't own the copyrights to any audio, except for the videos they author. But, I'm sure that they've trademarked their name in all jurisdictions possible.

  14. Re:Service? We don' need no steenking service by thePowerOfGrayskull · · Score: 2

    I think you left out the part where google has paid the actual content owners for the right to make advertising money off of those songs.

  15. Re:Service? We don' need no steenking service by Anonymous Coward · · Score: 1

    ever see the ads that play before a video? The content owner gets a cut of that money. This probably isn't for just anybody that uploads to youtube though, you have to actually be popular. See youtube partnership program. Note that the poor victim here is collecting ad money from AdChoices all over the site.

  16. Re:Service? We don' need no steenking service by berashith · · Score: 1

    I think google left that part out also.

  17. Re:Service? We don' need no steenking service by Anonymous Coward · · Score: 0

    Which ads?

  18. Re:Service? We don' need no steenking service by Anonymous Coward · · Score: 0

    I DO object to someone trying to extract $$$ from something that is not his

    They're selling copies of videos? I thought they had advertisements...

  19. ffmpeg -i input.flv output.mp3 by Anonymous Coward · · Score: 3, Informative

    TSIA

    1. Re:ffmpeg -i input.flv output.mp3 by Anonymous Coward · · Score: 1

      Audio Hijack Pro (http://rogueamoeba.com/audiohijackpro/) does a cracking job in OSX - it insinuates itself in the audio chain and anything meant to play out the speakers can be captured and edited.

  20. I guess we're outlawing earphone jacks too then? by gestalt_n_pepper · · Score: 1

    I usually just plug the earphone jack into the mic jack and record. Will radio shack cease to manufacture wires with male jacks at both ends? Just trying to be prepared over here.

    --
    Please do not read this sig. Thank you.
  21. Rights by Anonymous Coward · · Score: 5, Interesting

    I have the right to record a song off the radio.. I have the right to record a tv show off of TV...
    Why do I not have the right to record a show, or song off youtube?

    1. Re:Rights by Frosty+Piss · · Score: 1

      I have the right to record a song off the radio.. I have the right to record a tv show off of TV...
      Why do I not have the right to record a show, or song off youtube?

      YOU may have a right to do that (IANAL), but does *someone else or a service* have the right to do it FOR you?

      It's not the same as operating your own tape recorder.

      Again, IANAL...

      --
      If you want news from today, you have to come back tomorrow.
    2. Re:Rights by mpricop · · Score: 2

      You have that right. What you don't have is the right to re-broadcast your recordings for profit.

  22. Re:Service? We don' need no steenking service by Lucky75 · · Score: 3

    You have to disable Adblock.

    --
    DNA -- National Dyslexic Association
  23. Crowdmilking by StripedCow · · Score: 1

    This is another instance where crowdsourcing is applied (people upload material to youtube), and one party (Google) takes all the profit.
    I hereby coin the term "crowdmilking" for this practice.

    --
    If Pandora's box is destined to be opened, *I* want to be the one to open it.
    1. Re:Crowdmilking by nigelo · · Score: 1

      And if the party has been convicted of offenses, would the practice then be 'StripedCrowdMilking'?

      I think we should be told.

      --
      *Still* negative function...
    2. Re:Crowdmilking by ADRA · · Score: 1

      Yes, and it has nothing to do with the fact that the original poster uploaded them to begin with because its a good distribution platform regardless of any profits held by YouTube? Nobody put a gun to these people's heads.

      I host my own sites, and guess what kids, They cost money! If you want the right to ad free video sharing, then you're going to pony up and pay for the right to do so.

      --
      Bye!
  24. What the RIAA is actually doing to combat this by slashmydots · · Score: 4, Interesting

    In case everyone hasn't noticed, what the RIAA is doing about this is having random "youtube version only" breaks in music videos by big name artists so you'd have to be a top notch audio editor to cut out those parts and assemble the entire track back together. Like for example: http://www.youtube.com/watch?v=mtvQgC5vM_k approx 45 seconds in.
    LMFAO did it, Iwrestledabearonce did it, as well as at least 30 others I saw. Unfortunately, since my dad is a mobile DJ, that's a problem because the same version goes straight to itunes and we play music videos on a rear projection screen during dances. So some idiotic pause in the music really ruins that. Just another example of them screwing over their prime customers to implement antipiracy.

    1. Re:What the RIAA is actually doing to combat this by I+Read+Good · · Score: 1

      Wow, that is pretty obnoxious. I don't know if I agree with the "top notch audio editor to cut out those parts" bit, though.

  25. Google is covering its own arse for later disputes by ClassicASP · · Score: 4, Insightful

    Google's people aren't retarded; they know that people are going to find ways to record audio from YouTube one way or another. They're just sending the cease-and-desist order so later on, when copyright holders try to take Google to court, they can claim that they didn't just sit by idly and let it happen. They'll be able to say that they at least they took at least some course of action. The person who sent the cease and desist letter was probably just as disgusted about having to send it as the rest of the world is because they knew its really all stupid and pointless.

  26. Re:Service? We don' need no steenking service by Zemran · · Score: 1

    Yes, that is right, it is not as if this is some Kim Dotcom making advertising off of other people's IP, this is google making advertising money off of other people's IP!!! How dare he rip off their rip off!!!

    --
    I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
  27. Let the takedown happen. by IGnatius+T+Foobar · · Score: 1

    Let the takedown happen. It would be better if only smart people knew how to build their MP3 collection from YouTube, using youtube-dl and similar tools. The presence of web sites that allow anyone to do it makes the RIAA upset, and they'll hyperbribe government officials to outlaw computers that don't UEFI Secure Boot to a Trusted(tm) Microsoft(R) Operating System that only allows BingMusic(tm) to be played through TrustedEverything(tm) audio and video channels.

    --
    Tired of FB/Google censorship? Visit UNCENSORED!
  28. Official Chrome Extension by YouTube does the same by SmilingBoy · · Score: 3, Interesting

    I don't think Google objects to MP3 rips of the soundtracks of their videos - after all, YouTube offers an official Chrome extension that does the same:

    YouTube Downloader: MP3 / HD Video Download (Note that the developer of the extension is youtube.com)

    I think they have a problem because the external service drives people away from the YouTube website. In any case, I can't see why Google would not have the right to simply stop serving Videos to the IP addresses of the servers of the download service. So in some sense, they were nice to send a letter asking him to stop.

  29. Nothing New Here by Prototerm · · Score: 1

    When I was a teenager, I made copies of streaming audio all the time ... using a reel-to-reel tape recorder and a pair of alligator clips attached to the speakers of a table radio -- all to capture the latest "top 40" pop tunes in glorious monophonic sound. That was back in the sixties, and the music world didn't come to an end because I didn't spend money I didn't have in the first place, nor did the huge multinational music companies crash and burn in bankruptcy. However, later on, when I *did* have money to spend I collected thousands of record albums and 45's. Even later, I re-purchased everything on CD's.

    Tell me again why this sort of recording activity is *costing* companies money? Seems to me that it's more of an investment in the future.

    --
    "My country, right or wrong; if right, to be kept right; and if wrong, to be set right." --Senator Carl Schurz (1872)
    1. Re:Nothing New Here by Anonymous Coward · · Score: 1

      ... an investment in the future.

      Therein lies the problem. Businesses are not out to make money tomorrow. They're trying to make money today. When a CEO has to answer for the latest quarterly finance report, he's not going to think about how to make money 10-20 years down the road, when a kid grows up. He won't have a job by then. Even if he could have kept it, he would have willingly switched companies a couple of times by then. These big companies aren't run by a man who built it from the ground up, working out of his garage, some 10 or 20 years ago. The CEOs of these companies have no true sense of ownership, and no desire to see this "baby" of theirs flourish when they're long gone.

    2. Re:Nothing New Here by Sentrion · · Score: 1

      Thank you for your confession. Your IP address has been logged and your confession has been added to the file that we've been keeping on you. Please send us $10,000.00 per infraction within the next 30 days to avoid any future litigation. Please also provide receipts to prove that the 45's and CD's are legitimate. Failure to comply immediately could result in a police raid to confiscate all of your recording and computing hardware. The cost of such a raid and any other investigative activities will be added to the amount you owe us.

      Your friend,

      The RIAA.

  30. Stay out of the UK by tapspace · · Score: 1

    Let's hope he doesn't go to London or they'll ship his ass to the States for a fair* trial.

  31. and here come the google shills by Anonymous Coward · · Score: 0

    mod parent -1 shill. no sane person can think that a giant corporation like google cant just say FU to the MAFIAA

  32. Re:I guess we're outlawing earphone jacks too then by karnal · · Score: 1

    Radio Shack probably will, given their ever decreasing hobbyist electronics section.

    --
    Karnal
  33. I download from YouTube by spaceyhackerlady · · Score: 1

    There. I said it.

    I have indeed downloaded a few things from YouTube. But only as a last resort, after exhausting all legitimate ways of obtaining the content. Some stuff just doesn't seem to exist anywhere else, like this energetic ditty which I downloaded, peeled the soundtrack off, and added it to my workout playlist. It just doesn't seem to exist anywhere else. I like Kim Wilde, and I'd happily pay for a legit copy.

    I used to use FileJuicer, but the live streaming YouTube now uses makes it less useful. For audio I guess I'll hook up some cables. People will always circumvent stuff like this.

    Me? Yes, I have some silly videos on YouTube. As always, if anybody can make money from what I'm giving away for free, they are welcome to do so.

    ...laura

  34. Probably not going anywhere by cdrguru · · Score: 1

    The problem here is that Google probably has the legal muscle to enforce what it believes is its copyright. As the guy behind youtube-mp3 points out, practically they cannot stop such software, although they can make it harder to find.

    Now, one thing that clearly is something that is going to interest a lot of people is the idea that a streaming service can be defeated by software to provide the recipient of the stream with a whole copy of the work. This would have an immediate and very, very negative result on Netflix and a bunch of other such streaming services. It doesn't even matter that someone has a service or program to do this with Netflix - just that Google loses out on this. What that would do is clearly put things in the perspective of viewers having the ability - and maybe the right - to retain copies of anything streamed to them.

    The result would be that Netflix would have to at least renegotiate every deal they have and probably a lot of them would just disappear. Most other streaming services would just pull the plug as well. It is not the intent of the content owners to provide permanent copies of their media to viewers via a streaming service.

    Sure, it is possible. It may even be in some cases convenient and simple to do. But if it is done you will see streaming ended as we have come to know it.

  35. Re:Official Chrome Extension by YouTube does the s by Anonymous Coward · · Score: 0

    I just downloaded that for Chromium. No worky. :(

  36. Enlightenment by Zinho · · Score: 4, Informative
    --
    "Space Exploration is not endless circles in low earth orbit." -Buzz Aldrin
  37. Re:Official Chrome Extension by YouTube does the s by balbus000 · · Score: 2

    You can't honestly think that the developer of that extension is actually youtube.com. Just look at the screenshot with the drawn-on red arrows...

    Also note that an official app would have a green check next to the developer as seen in the official YouTube app.

    A list of all Google extensions is here.

  38. Re:Official Chrome Extension by YouTube does the s by SmilingBoy · · Score: 1

    You are probably correct. I have not used the extension much but had it installed for a while. Interesting that Google would allow a developer called youtube.com!

  39. A.N.A.L.O.G. H.O.L.E. by Anonymous Coward · · Score: 0

    Who needs it? Just direct the analog audio output of your sound card into the input of an audio recorder, and direct your browser at YouTube or whatever you want a copy of, and hit play. Cut, paste, print. Now you have the file, and no one can stop you. Basically the same as recording off radio, as far as I'm concerned. So you don't need the software... the can't plug the analog hole, Mal... they can never plug...

    1. Re:A.N.A.L.O.G. H.O.L.E. by Gaygirlie · · Score: 2

      Who needs it? Just direct the analog audio output of your sound card into the input of an audio recorder, and direct your browser at YouTube or whatever you want a copy of, and hit play. Cut, paste, print. Now you have the file, and no one can stop you. Basically the same as recording off radio, as far as I'm concerned. So you don't need the software... the can't plug the analog hole, Mal... they can never plug...

      Silly "solution" as can only be expected from an AC.

      First of all, you're just further reducing audio quality of something that is already not-so-good by decompressing it, playing it over analog, recording it over analog and then recompressing it. Secondly, that's a hassle. Thirdly, the "analog hole" can actually be plugged to an extent, like e.g. devices which support Cinavia ( https://en.wikipedia.org/wiki/Cinavia ) wouldn't play Cinavia-protected content even after you've played it back and recorded over analog contacts.

    2. Re:A.N.A.L.O.G. H.O.L.E. by ThatsMyNick · · Score: 1

      Why would I buy any device that supports Cinavia? A solution that can be expected only from non-ACs.

      PS: I am not the anon GP. I just thought this post requires a response, and I know am not posting AC.

    3. Re:A.N.A.L.O.G. H.O.L.E. by Gaygirlie · · Score: 1

      Why would I buy any device that supports Cinavia? A solution that can be expected only from non-ACs.

      Because you may always not know what device supports Cinavia? For example all BluRay-players manufactured after February this year will have Cinavia mandatory. Not even all geeks are aware of that, let alone the non-geeks who may buy you a gift, for example.

  40. Re:Service? We don' need no steenking service by _KiTA_ · · Score: 1

    I think you left out the part where google has paid the actual content owners for the right to make advertising money off of those songs.

    Really? So just as a quick off the cuff example, Google paid Shoji Meguro and Atlus for the rights for this rip of the Persona 4 OST?

    Well, ya learn something new every day!

  41. Re:Official Chrome Extension by YouTube does the s by ThatsMyNick · · Score: 1

    The green check mark next to the website name is missing. It means it is not verified, or the app for some reason does not include the signature of "youtube.com". For an example of an app that is signed by Youtube.com - check here

  42. Re:Service? We don' need no steenking service by rioki · · Score: 1

    Would you object to a desktop app that has adds embedded? So the moment someone takes the effort to build an application that makes the process painless it's ok, but the moment he makes money off it, it is immoral?

    The fun thing here is that if youtube-mp3 makes money or not is totally irrelevant to the case at hand. youtube-mp3 is an auxillery and it really does not matter if you use a "cloud" or desktop app.

  43. Re:Service? We don' need no steenking service by ganjadude · · Score: 1

    why would I do such a thing?

    in all seriousness I was at my friends house only a few weeks ago and saw some ads on youtube and I turned to him and was shocked and said something along the lines of, well i knew it was only a matter of time until they put ads on youtube. He than told me thats its been that way for years now, I laughed as I honestly had no idea youtube was serving up ads all this time

    --
    have you seen my sig? there are many others like it but none that are the same