Funniest/Maximum Insightful Feedback Of The Week At Techdirt

from the look-who’s-talking dept

This week, our first position winner at the insightful aspect is an nameless remark about publishers claiming that their lawsuit towards the Web Archive gained’t have an effect on any of its products and services past the Open Library:

About as plausible as Putin’s declare tat 96% of the ones polled sought after to develop into Russians.

In 2d position, it’s a long remark from Rico R. responding to an try to protect the court docket ruling that claims YouTube ripping equipment would possibly violate copyright:

A couple of issues together with your tried distinctions, level for level:

1) youtube’s watch web page is operating precisely how google designed their internet website online to paintings.

Can’t disagree there.

2) youtube-dl alternatively, does one thing that youtube’s phrases of provider are explicitly forbidding, i.e. shifting the movies outdoor of youtube platform

Sure, YouTube’s phrases of provider limit downloading YouTube movies. However that doesn’t make it an inherent copyright violation, be it infringement or circumventing technical coverage measures.

3) The cause of the TOS forbid is as a result of google has handiest required video authors to provide a license to make use of the movies inside the youtube machine. Video authors don’t want to give to any extent further versatile licenses to google than regardless of the add button bureaucracy calls for. Thus taking movies outdoor of youtube platform is against the law, as a result of google does now not have permission to do it. If google doesn’t have permission to do it, then youtube’s finish customers don’t have the permission both.

Uh, no. YouTube’s phrases of provider offers Google a license to the content material uploaded to their platform, however that doesn’t imply it’s copyright infringement if a 3rd birthday celebration (i.e., a person the usage of youtube-dl and ISN’T Google) downloads it. In truth, YouTube has an choice that lets you unlock your YouTube video underneath a Inventive Commons-Attribution license. No longer the default choice, I do know, however even the CC BY movies designated as such on YouTube don’t have a obtain button that allows the similar capability as youtube-dl. The usage of youtube-dl or another software to obtain the ones movies is authorized underneath the ones phrases. And if YouTube says its TOS nonetheless trumps the phrases of the Inventive Commons license, then THEY are breaking the license phrases. Below the good judgment of this lawsuit, YouTube is including a TPM to CC-licnesed movies uploaded to their platform, and CC licensees would possibly NOT upload TPMs consistent with the license phrases.

However nonetheless, let’s say we’re speaking in regards to the better subset of YouTube movies underneath the “Same old YouTube License.” Google has a license to the content material when folks put up their movies on YouTube. The TOS covers what they may be able to and can not do with that content material. However no matter rights Google will have doesn’t have an effect on whether or not or now not a 3rd birthday celebration can obtain the video with out infringing copyright. Consider, breaking YouTube’s phrases of provider does now not mechanically make it copyright infringement. At maximum, it’s a freelance violation between Google and the top person who downloaded the content material.

4) there may be selection that customers who need to obtain the movies from youtube, will one after the other ask for permission from the video authors. Sadly, the touch addresses are normally now not to be had for movies, so side-channel permission requests are normally failing in youtube platform.

This good judgment assumes the one method you’ll be able to legally obtain a YouTube video (assuming you’re now not breaking the TOS or the so-called “TPM”) calls for permission from the video’s uploader/author. However there’s many non-infringing causes to obtain YouTube movies. Perhpas to obtain the video to observe later (time-shifting). Or possibly you’ve a sluggish Broadband connection anyplace you reside, and you wish to have to observe the YouTube video within the best possible conceivable high quality with out interruption. Or possibly you wish to have to hear a YouTube video’s audio at the cross with out exhibiting the video. Or possibly you wish to have to make an even use of the video’s content material. None of the ones require permission from the author. And in case you sought after to make use of the content material in some way that required permission, there’s no explanation why you will have to additionally ask the video’s author to ship a replica of the video to them. The truth that YouTube doesn’t supply a very easy solution to touch any person privately is inappropriate to this dialogue.

For editor’s selection at the insightful aspect, we begin out with a remark from Stephen T. Stone about The Onion’s superb amicus temporary:

When The Onion is writing higher felony briefs about loose speech than the categories of people that declare to be “defenders of loose speech“…smartly, that’s a tale you could in fact learn in The Onion.

Subsequent, it’s a remark from Toom1275 about some of the proper’s favourite phrases:

In trendy utilization, “Woke” way “No longer an irredeemable piece of shit, not like the only the usage of the time period as a pejorative.”

Over at the humorous aspect, our first position winner is Nameless Hero with a remark about Elon Musk’s texts:

My favourite excerpt: “I’ve an concept for a blockchain social media machine that does each bills and brief textual content messages/hyperlinks like twitter … The second one piece of the puzzle is a large real-time database that helps to keep a replica of all blockchain messages in reminiscence”

Are you able to imagine it? An enormous database! Of the block chain! In reminiscence!

In 2d position, it’s BvR with a remark about Republicans:

The GQP regularly complains that govt doesn’t paintings.

Then, once they get voted in, they end up it.

For editor’s selection at the humorous aspect, we begin out with a remark from glenn about OAN’s try to live on via the usage of over-the-air antennas:

OAN: so nugatory that they may be able to’t give it away.

In spite of everything, it’s a easy nameless remark about Laura Loomer’s newest felony loss:

OK, Loomer.

That’s focused on this week, other folks!

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