YouTube Threatens Legal Action Against Video Downloader (torrentfreak.com)
Embracing over a billion users, YouTube has become the go-to source of many for music and movies. But the scale of YouTube has also given rise to piracy and copyright infringement. To fix this, the Google-owned video portal has started to contact third-party services that allow users to make a copy of a YouTube video and is urging them to shut down their functionality. TorrentFreak is reporting about a similar instance, in which YouTube's legal team contacted a popular service called TubeNinja. From the report: "It appears from your website and other marketing materials that TubeNinja is designed to allow users to download content from YouTube," the email from YouTube's legal team reads. According to YouTube the video downloader violates the terms of service (ToS) of both the site and the API. Among other things, YouTube's ToS prohibits the downloading of any video that doesn't have a download link listed on the site. Later, Google's video service adds that if the site owner continues to operate the service this "may result in legal consequences." Despite the threatening language, TubeNinja owner Nathan doesn't plan to take the functionality offline. He informed YouTube that his service doesn't use YouTube's API and says that it's the responsibility of his users to ensure that they don't violate the ToS of YouTube and TubeNinja. "Our own ToS clearly states that the user is responsible for the legitimacy of the content they use our service for," Nathan tells us.
The Ultimate Showdown
People will simply switch to youtube-dl or another local utility.
I'm curious, if I download a copyrighted image and convert it to say a base64 string, is it still copyrighted? Who can prove that my string is not just my creation and that by chance (the probability is very slim but still) it converts to an image that is very similar (or exact) to the copyrighted image? What if the same thing is done to a video?
Tired of my customary (Score:1)
"It appears from your website and other marketing materials that TubeNinja is designed to allow users to download content from YouTube," the email from YouTube's legal team reads. According to YouTube the video downloader violates the terms of service (ToS) of both the site and the API. Among other things, YouTube's ToS prohibits the downloading of any video that doesn't have a download link listed on the site.
Don't web browsers download video content from YouTube (if the user chooses to visit that site)?
It's a website. It's designed to send out "content."
I have problems with Video Download Helper. It works but sometimes it is awkward. Ever since I discover that you could use JDownloader I have used that.
Much simpler more control.
I have never even heard about NinjaTube.
How do I watch a video without downloading it? Even streaming a video is downloading it? Any way of presenting material from web requires downloading that material to the client.
How can they "outlaw" downloading when by definition that is the process used to present their content to customers?
I mean, the video is already on your computer. If they shut down internet service, it'll move client-side. Hell, if I wanted I could output the video/audio of my screen and record them.
It's futile. They know it and we know it. But I guess the shareholders or the lawyer are just not happy if Google doesn't do anything about it. So they do this.
Elok
Google's also in a good position to make it hard to find information on youtube-dl/etc....
They're a major search engine, so they can just self-censor their search results.
Self-censorship? Let me Bing that for you. Better yet, let me DuckDuckGo that for you.
I see this act no different than recording a radio broadcast onto a cassette tape or recording a TV broadcast on VHS or DVR’s. Now we record a video or audio stream from an online source onto your hard drive. The same principle applies to these activities, different source on different media. So I say Youtube has no legal basis to threaten the developers of these apps. This is how I get my music today. http://www.freemake.com/free_y...
Unlike tools such as youtube-dl, web browsers do not write a copy of all segments of an MPEG-DASH stream to a file intended to persist longer than an hour.
And how do Google think people can create their own copy/edit montages of other peoples' videos.
That's another can of worms. Too many people are creating videos using other people's copyrighted work, get called on it, and scream "fair use" for what they're doing. Several lawsuits are underway regarding that issue. It's better to create your own unique content that doesn't use other people's copyrighted content.
It's easier to download and watch, then it is to stream.
Funny if you go beyond the junk they have on the surface, you can find tons of good good stuff.
I picked up C++14 ( having known known C++98 ) from CppCon and from BoostCon.
you an pick up information about languages and tools: Go,Groovy, Haskell, Clojure, Scala, emacs/vi/Eclipse/IntelliJ configurations and plugins, bigger libraries.
Plus old shows nobody cares about. THe short lived series Probe ( the one that Asimov worked on ), The Early Kurt Russel Secret of Boyne Castle etc.
Oh one that realy caught my eye Scott Adams on Bill Maher talking about Trump.
It's better to create your own unique content that doesn't use other people's copyrighted content.
How can I ensure success in doing this? For example, if I write a song, record it, and put a music video on YouTube, how do I make sure it isn't substantially similar to any other published musical work in order to avoid losing a million dollar lawsuit like George Harrison (Bright Tunes v. Harrisongs over "My Sweet Lord") and Pharrell Williams (Gaye v. Thicke over "Blurred Lines")?
Funny this only is an issue after YouTube offering a monthly pay service (YouTube red) but never cared for the years before. Because, uh, protecting copyright?
Sony v. Universal (the Betamax case) established that time-shifting can be fair use and that producing a tool with a substantial non-infringing use does not incur secondary liability. The difference here is that unlike viewers of a TV broadcast, viewers of YouTube are subject to the Computer Fraud and Abuse Act that gives teeth to website TOS. So a tool can incur secondary liability for TOS violation even if it does not incur secondary liability for copyright infringement.
Even if the advertisement is prepended to the downloaded stream, how can a video download tool preserve the unskippability and "Visit Advertiser's Site" link?
Who can prove that my string is not just my creation
The "striking similarity" doctrine in copyright case law creates a presumption of copying, shifting the burden of proof of provenance to the alleged infringer.
It's actually quite simple, Google is concerned about lost AD revenue.
If users can download videos and play them locally then they lose out on the AD revenue from the ADs that are injected into the video sequence. If Google can figure out a way to make this more difficult or time consuming to do, then it's less likely that everyday users will download content vs streaming it.
I ACCIDENTALLY download youtube videos every now and then because i forgot to close jdownloader. Can't say google is doing much to prevent ripping their vids
"YouTube's ToS prohibits the downloading of any video that doesn't have a download link listed on the site."
Then your own ToS stops you from operating legally, because in order to stream or watch, ONE MUST DOWNLOAD THE FUCKING DATA.
Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
Oh, that's okay then. I never see any ads anyway so I can download as much as I want!
systemd is Roko's Basilisk.
Supposed illegitimate activities on the internet didn't close brick and mortar stores.
Except when Napster killed record stores. A pawn shop employee pinpointed the time when used CD prices plummeted as the fourth quarter of 1999, which happens to be when Napster took off.
Amazon's disadvantage for physical goods is that it lacks its own showroom. When buying apparel online, you don't get to feel the fabric or try on the fit. When buying a laptop online, you don't get to try the keyboard or screen, and you can't feel its size and weight without constructing your own similarly sized and weighing model out of (say) cardboard. Or what am I missing?
WTF is an "illegal download?" There is no such thing!
A download that the user intentionally stores longer than the user agreed to store it. In the case of a streaming site like YouTube, one might assume this is for longer than the video's duration.
It's not so much that Google is trying to be evil, as that they are trying to get you to do everything on the Internet.
Which YouTube video has that "download link"? I have never seen that. Does the link require Flash? Using HTML5 only.
I think the defense of "it's not our problem if users of our product, designed specifically to do X, irresponsibly use it to do X" doesn't have a great track record of success.
Comment removed based on user account deletion
assuming no reboot or browser restart
Then let me slightly weaken my previous statement: Unlike tools such as youtube-dl, web browsers do not write a copy of all segments of an MPEG-DASH stream to a file intended to persist longer than the time between security updates to your web browser.
Why's that? Fair use is on solid legal ground. You can't sue someone merely for taking short segments of a video and adding commentary.
The problem is most YouTube content creators don't understand the concept of fair use. They want a broad definition to cover anything and everything when "solid legal ground" applies only to a narrow definition.
You haven't cited these lawsuits you mentioned, but if their whole basis is just taking short segments and adding commentary or parody, the plaintiffs will lose, pure and simple.
Check out this YouTube video by Eli of Failed Normal. He discusses the consequences of fair use, including the lawsuits playing out. Starting six minutes in.
https://www.youtube.com/watch?v=mSSzDreoUR8
Seems to be that most movies make almost all of revenue within the first year. By that time, there may be a tiny trickle of income from DVD rentals, or online streaming services, but that is about it.
By the time a movie, or a song, or a book, is over eight years old; I doubt it's bringing in anything.
Actually, I think about the revenue, from a movie, may come from the opening weekend.
So why the huge hissy fit about old movies on youtube?
I can understand why YouTube feels it needs to take these legal actions ... but in the end, it's just symbolic gesturing.
In the "real world", the very fact you've allowed a video clip to be transmitted from YouTube's server to a client on the other end in a viewable format means the receiver has the technical ability to save a copy of it.
The "low hanging fruit" for their legal team to go after are the web based services offering to make this process easy, since they're effectively advertising to the whole world that they're enabling an illegal activity. Sitting on branches just a little further up are the folks writing plug-ins or extensions for browsers advertising the same functionality. (In those cases, I think we'll wind up with a legal battle, as soon as one of those developers wants to fight rather than give in. If nothing else, I think that's because there's a subtle difference between distributing code that *allows* someone to download/save the video content, and hosting a server that's actually DOING it for users.)
Personally, I think that YouTube will have to move to some sort of encrypted video transmission method if they want to get serious about preventing people from saving videos to redistribute. (EG. You have to install a YouTube app in order to look at videos on the site.) Even with THAT, it only gives the level of copy protection used by services such as AT&T U-Verse with its Cisco set-top boxes. (You won't be able to dump the data saved in its DVR's hard drive to any other device and watch it. But it can't stop something like a VCR or DVD recorder from copying the video and audio coming out of the box, headed for your television.)
Anyone can write software that acts as a "middle man" (similar to the VCR concept) that grabs each frame of video from the video card as it's displaying it on your screen and saved it to a new video file, while doing the same with the audio headed to the sound card output.
They do download it but do not necessary store the entire thing at any time. A stream buffer size may be fixed in length, and no more than that amount of data is ever seen on disk at a given time. As content is played from the buffer, more content can be downloaded by the receiver, using a ring buffer strategy. This is generally accepted as the difference between streaming and downloading even though there is no difference in the bits that are bring sent, and no way for the sender to necessarily tell the difference unless the recipient somehow communicates that information to the sender.
File under 'M' for 'Manic ranting'
What will the judge say when they try to read the 50 page TOS line by line in court to a jury?
There's a good chance that many of your favorite YouTube videos have been deleted over the years. Downloading is the only sure way to save YouTube videos you like.
The Internet in general is a temporary place. We need to be able to save content we like.
If people would quit DMCA'ing videos I wouldn't have to download them.
b-b-b-but time shifting is legal. certainly "recording" it to your hard drive to watch later falls under that protection.
...
Free-to-air TV isn't subject to an explicit TOS or the CFAA.
I saved the file, so I could watch it on an airplane. Or going through a tunnel. Or on the camping trip in the middle of nowhere (besides the why are you going camping then argument) ..
Some versions of the YouTube app have an offline feature that loads the entirety of select videos and allows playback within the next 48 hours.
Websites' terms of service often bring these "suggestions" under the purview of the Computer Fraud and Abuse Act and foreign counterparts.
Wow. I'd never heard of Tube Ninja and had no idea it was so easy to take offline versions of videos - that's super useful! Thanks youtube for bringing it to my attention.
Meet our new VCR.
http://eightiesclub.tripod.com...
https://www.youtube.com/c/BrendaEM
Neither is anything spewed at me from a web server.
You think I agreed to TOS? Fine: show me my signature on a piece of paper saying so. Otherwise, fuck off because I could just as well claim that by serving bytes to my machine you agreed to my TOS that nullifies yours, assigns all your copyrights to me, and declares me Lord and Master of the Universe. What, you say you never agreed to that? Well, it was right there in the "X-mrchaotica's-TOS" HTTP header! If you didn't like it, you should have configured your server not to respond!
"[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz
Just what is "illegal" about a tool that bypasses YT's ad delivery system? Marketers have tried to penalize such tactics through the courts and have failed. ToS are not a legal contract and are not legally bound.
Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
How do you watch a video from YouTube? That's right, you download it with your browser. Should Mozilla expect a takedown notice for Firefox in the near future?
'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
How long before they demand access to your brain, so they can remove the copies of infringing material you keep there?
Rule 35 of the internet: "If it can be hacked, it will be". - Charles Stross
Thankfully, that defense works for firearms manufacturers.
Using a computer to run thru every possible iteration notes and note durations and then copylefting the note sequences into the public domain.
I don't think you should be able to lock up sequences of 12 notes for over 60 years.
She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
If you didn't like it, you should have configured your server not to respond!
<sarcasm>
Just what we always wanted: more interstitials to capture explicit assent to TOS. It'd be like the infamous Dutch cookie wall.
</sarcasm>
Also there's such a thing as legal pedigree
If I own the CD, and I download an "illegal" copy, who's going to prove that those files are any different from the ones I could make from my own CD?
Vivendi. The relevant U.S. case is UMG Recordings v. MP3.com.
If you're a site owner and don't want to piss off your readers, then how about simply not trying to fuck them over? You don't need a damn "interstitial" if you don't have bullshit TOS in the first place!
"[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz
Because the authors who provide creative works to the video hosting service do so under the understanding that the video hosting service isn't going to let viewers easily download and keep durable copies of said authors' works. If every video had a download button, there wouldn't be quite as many videos uploaded to the service.
How long is a web browser session? Do people actually ever close those, except to reboot?
Web browser sessions may run into the days or weeks on a personal laptop with working suspend or a single person's desktop, but I imagine that those are an exception overrepresented among Slashdot's demographic.
Except to reboot Some laptop owners have found that suspend doesn't work due to defective device drivers, especially after an operating system upgrade or switch, and they work around it by taking advantage of an SSD's reduced boot time. Except to switch users If your family PC lacks enough RAM to keep desktop sessions running for you, the spouse, and all kids, then you may have to close your browser session and log out to free up enough RAM for another user to use the PC without swap hell. The same is true of PCs at a public library, Internet cafe, or university computer lab.youtue is heavily promoting the take it offline option.. that ought to count as downloading hen.
Linkedin http://in.linkedin.com/in/robinsaikatchatterjee
Under the TOS, users may not "download" a file. But given the sort of ephemeral "downloads" that web browsers automatically do when the user views a video as YouTube intends, a judge could preserve the intent of the provision by interpreting "download" to mean moving a file from cache storage to more permanent storage. See blue-penciling and rectification.
That's different, those are designed to kill. Downloaders are designed to steal. Completely different.
Learn to love Alaska
Infringement != Theft. If you're watching the video, it's already being downloaded to your machine. Youtube doesn't get to dictate what you can do with data already in your possession. It's like outlawing VCR's with record functionality. Which is stupid. If the content is available for free, why should I have to waste bandwidth every time I want to watch it? I don't care if stupid provisions have been added to the CFAA making website TOS's enforceable. I'd just host the project overseas at that point if it were me.
You will never eliminate software like this. Adapt your business model or die.
Do you have a script that scans all the articles for comments that include "steal" or "theft" so you can post your off-topic rants?
Learn to love Alaska