The Github youtube-dl Takedown Isn't Just a Problem of American Law
The video downloading utility youtube-dl, like other large open source projects, accepts contributions from all around the globe. It is used practically wherever there's an Internet connection. It's especially shocking, therefore, when what looks like a domestic legal spat–involving a take-down demand written by lawyers representing the Recording Industry Association of America (RIAA), a U.S. industry group, to Github, a U.S. code hosting service, citing the Digital Millennium Copyright Act (DMCA), a U.S. law–can rip a hole in that global development process and disrupt access for youtube-dl users around the world. Those outside the United States, long accustomed to arbitrary take-downs with "DMCA" in their subject line, might reasonably assume that the removal of youtube-dl from Github is yet another example of the American rightsholders' grip on U.S. copyright law. Tragically for Internet users everywhere, the RIAA was not citing DMCA Section 512, the usual takedown route, but DMCA Section 1201, the ban on breaking digital locks. And the failures of that part of American law that can allow a rightsholder to intimidate an American company into an act of global censorship are coded into more than just the U.S. legal system. The RIAA's letter against youtube-dl cites the DMCA 1201's criminalization of the distribution of technology that can bypass DRM: what’s called the “circumvention of technical protection measures”. It also mentions German law, which contains similar language. Here's the core of the relevant U.S. statute, in 1201(b): 1201 (b) Additional Violations.— No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that— is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion…
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