{"id":80370,"date":"2024-11-28T09:00:36","date_gmt":"2024-11-28T09:00:36","guid":{"rendered":"https:\/\/www.cryptocabaret.com\/?p=80370"},"modified":"2024-11-28T09:00:36","modified_gmt":"2024-11-28T09:00:36","slug":"court-rejects-appeal-of-youtube-dl-hosting-provider-uberspace","status":"publish","type":"post","link":"https:\/\/www.cryptocabaret.com\/?p=80370","title":{"rendered":"Court Rejects Appeal of Youtube-dl Hosting Provider \u2018Uberspace\u2019"},"content":{"rendered":"

\"censortube\"In 2020, the RIAA infuriated<\/a> many players in the open source community by targeting YouTube-ripping tool youtube-dl.<\/p>\n

The RIAA sent a takedown notice to GitHub, alleging that the software bypassed technological protection measures, in violation of the DMCA. <\/p>\n

GitHub initially complied but later changed course. After consulting legal experts, including those at the EFF, it restored<\/a> the youtube-dl<\/a> repository. GitHub also launched a million-dollar defense fund to assist developers in similar disputes.<\/p>\n

Targeting Youtube-dl\u2019s Host<\/h2>\n

This episode was a massive setback for the music industry, which had been fighting stream-ripping tools for years. However, instead of laying down their arms, Sony Entertainment, Warner Music Group and Universal Music went after Uberspace<\/a>, youtube-dl\u2019s website hosting company in Germany. <\/p>\n

Last year, the music companies prevailed in this lawsuit<\/a>. The Hamburg Regional Court ruled that youtube-dl violates the law as it bypasses YouTube\u2019s anti-circumvention measures. <\/p>\n

Going one step further, the court also concluded that as a host, Uberspace can be held liable for youtube-dl\u2019s activities. The hosting provider received a takedown notice for the website in the past but continued to host it. According to Uberspace, the software wasn\u2019t clearly illegal, but the court ruled that the company should have known better. <\/p>\n

Disappointed with the outcome, Uberspace owner Jonas Pasche swiftly appealed the ruling. According to Pasche, the court made a big mistake that could have far-reaching consequences for the hosting industry.<\/p>\n

Court Rejects Appeal<\/h2>\n

While Uberspace hoped to overturn the lower court\u2019s judgment, the Higher Regional Court of Hamburg decided to reject the appeal in full. A copy of the order has yet to be made public, but the German Federal Music Industry Association (BVMI<\/a>) describes it as a clear victory. <\/p>\n

\u201cThis confirms the judgment of the regional court, which already required the defendants to stop providing the stream ripping software YouTube-DL. At the same time, the general liability for damages was established,\u201d BVMI writes<\/a>. <\/p>\n

Ren\u00e9 Houareau, the music group\u2019s Managing Director of Legal & Policy, notes that the court sends yet another clear signal that hosting companies of \u2018infringing\u2019 services can be held liable too. <\/p>\n

\u201cThis is another judicial clarification and warning. Not only to the providers of stream ripping tools and the operators of the corresponding services, but also to the hosting providers: violations of the law have consequences and no one should benefit from them,\u201d Houareau says.<\/p>\n

Following the unfavorable ruling, Uberspace expressed disappointment with the court\u2019s decision. Owner Jonas Pasche indicated that he is currently consulting with legal counsel to evaluate the viability of further appeals, but a final determination has not yet been reached.<\/p>\n<\/p>\n

\"uberspace\"<\/center><\/p>\n

Uberspace\u2019s owner previously informed us that he was willing to fight the matter up to the highest court possible. If the current verdict stands, it\u2019s a threat to all hosting companies, he argued. <\/p>\n

\u201cThe consequences of this will be that hosting providers receiving complaints will most likely kick out their customers without a court ruling, for things that might be perfectly legal,\u201d Pasche previously told us.<\/p>\n

GitHub Hosts Youtube-dl Now<\/h2>\n

Interestingly, youtube-dl remains online. Uberspace was required to take the website offline last summer<\/a>, facing a potential a fine of \u20ac250,000 or jail time. <\/p>\n

At the moment, the YouTube download tool uses GitHub as its main hosting location. In addition to the code repository, the developers also have a GitHub hosted<\/a> website<\/a> on the platform.<\/p>\n

The current youtube-dl website doesn\u2019t differ much from the one that was hosted by Uberspace<\/a>. Both have a rather minimalist look, as Tarnkappe<\/a> notes. Whether the record labels intend to go after GitHub now is unknown. But that won\u2019t be an easy fight. <\/p>\n

GitHub previously concluded that the code doesn\u2019t violate the DMCA\u2019s anti-circumvention provisions, so it\u2019s not likely to take any action without the involvement of a U.S. court.<\/p>\n

\u201cWe are taking a stand for developers and have reinstated the youtube-dl repo. Section 1201 of the DMCA is broken and needs to be fixed. Developers should have the freedom to tinker. That\u2019s how you get great tools like youtube-dl,\u201d GitHub CEO Nat Friedman said<\/a> at the time.<\/p>\n

\u2014<\/p>\n

Update:<\/strong> A redacted copy of the order has been published in German<\/a>. We will write a follow-up article next week, when Uberspace\u2019s owner has gathered all his thoughts.<\/em><\/p>\n

From: TF<\/a>, for the latest news on copyright battles, piracy and more.<\/p>\n

Powered by WPeMatico<\/a><\/small><\/p>\n","protected":false},"excerpt":{"rendered":"

In 2020, the RIAA infuriated many players in the open source community by targeting YouTube-ripping tool youtube-dl. The RIAA sent a takedown notice to GitHub, alleging that the software bypassed technological protection measures, in violation of the DMCA. GitHub initially complied but later changed course. After consulting legal experts, including those at the EFF, it […]<\/p>\n","protected":false},"author":2,"featured_media":80371,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[308],"tags":[],"class_list":["post-80370","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-torrent"],"_links":{"self":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts\/80370","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=80370"}],"version-history":[{"count":0,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts\/80370\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/media\/80371"}],"wp:attachment":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=80370"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=80370"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=80370"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}