diff --git a/2020/10/2020-10-23-RIAA.md b/2020/10/2020-10-23-RIAA.md new file mode 100644 index 00000000..2c392d15 --- /dev/null +++ b/2020/10/2020-10-23-RIAA.md @@ -0,0 +1,118 @@ +October 23, 2020 + +GitHub + +Dear Sir or Madam: + +I am contacting you on behalf of the Recording Industry Association of America, Inc. (RIAA) and +its member record companies. The RIAA is a trade association whose member companies +create, manufacture or distribute sound recordings representing approximately eighty-five (85) +percent of all legitimate recorded music consumption in the United States. Under penalty of +perjury, we submit that the RIAA is authorized to act on behalf of its member companies on +matters involving the infringement of their sound recordings, audiovisual works and images, +including enforcing their copyrights and common law rights on the Internet. + +Copyright Violations. We have learned that your service is hosting the youtube-dl source code +on its network at the following locations, among others: + +https://github.com/ytdl-org/youtube-dl +https://github.com/ytdl-org/youtube-dl/tree/gh-pages +http://ytdl-org.github.io/youtube-dl/ +https://github.com/benkeung/youtube-dl +https://github.com/cyberjacob/youtube-dl +https://github.com/elaopinska/youtube-dl +[private] +https://github.com/huangciyin/youtube-dl +https://github.com/jckelley/youtube-dl +https://github.com/LouisPlisso/youtube-dl +https://github.com/ojauch/youtube-dl +https://github.com/rbrito/youtube-dl +https://github.com/successLee/youtube-dl +https://github.com/trammel/youtube-dl +https://github.com/vs9390/youtube-dl +https://github.com/zackfern/youtube-dl +https://github.com/tosuch/youtube-dl +https://github.com/pornophage/youtube-dl +https://github.com/tejaskhot/youtube-dl +https://github.com/VideoUtils/youtube-dl +https://github.com/798221028/youtube-dl + +The above list includes a representative sample of the youtube-dl forks of the youtube-dl +source code being hosted on GitHub. Based on our review of the representative sample noted +above, we have a good faith belief that most of the youtube-dl forks are infringing to the same +extent as the parent repository. + +The clear purpose of this source code is to (i) circumvent the technological protection measures +used by authorized streaming services such as YouTube, and (ii) reproduce and distribute music +videos and sound recordings owned by our member companies without authorization for such +use. We note that the source code is described on GitHub as “a command-line program to +download videos from YouTube.com and a few more sites.”1 + +We also note that the source +code prominently includes as sample uses of the source code the downloading of copies of our +members’ copyrighted sound recordings and music videos, as noted in Exhibit A hereto. For +example, as shown on Exhibit A, the source code expressly suggests its use to copy and/or +distribute the following copyrighted works owned by our member companies: + +• Icona Pop – I Love It (feat. Charli XCX) [Official Video], owned by Warner Music Group +• Justin Timberlake – Tunnel Vision (Explicit), owned by Sony Music Group +• Taylor Swift – Shake it Off, owned/exclusively licensed by Universal Music Group + +The source code notes that the Icona Pop work identified above is under the YouTube Standard +license, which expressly restricts access to copyrighted works only for streaming on YouTube +and prohibits their further reproduction or distribution without consent of the copyright owner; +that the Justin Timberlake work identified above is under an additional age protection +identifier; and that the request for the Taylor Swift work identified above is to obtain, without +authorization of the copyright owner or YouTube, an M4A audio file from the audiovisual work +in question. + +We have a good faith belief that this activity is not authorized by the copyright owner, its agent, +or the law. We assert that the information in this notification is accurate, based upon the data +available to us. + +Anticircumvention Violation. We also note that the provision or trafficking of the source code +violates 17 USC §§1201(a)(2) and 1201(b)(1). The source code is a technology primarily +designed or produced for the purpose of, and marketed for, circumventing a technological +measure that effectively controls access to copyrighted sound recordings on YouTube, including +copyrighted sound recordings owned by our members. For further context, please see the +attached court decision from the Hamburg Regional Court that describes the technological +measure at issue (known as YouTube’s “rolling cipher”), and the court’s determination that the +technology employed by YouTube is an effective technical measure within the meaning of EU + +1 +See https://github.com/ytdl-org/youtube-dl/blob/master/README.md#readme. + +and German law, which is materially identical to Title 17 U.S.C. §1201 of the United States +Code. The court further determined that the service at issue in that case unlawfully +circumvented YouTube’s rolling cipher technical protection measure.2 +The youtube-dl source code functions in a manner essentially identical to the service at issue in +the Hamburg Regional Court decision. As there, the youtube-dl source code available on +Github (which is the subject of this notice) circumvents YouTube’s rolling cipher to gain +unauthorized access to copyrighted audio files, in violation of YouTube’s express terms of +service,3 and in plain violation of Section 1201 of the Digital Millennium Copyright Act, 17 U.S.C. +§1201. + +Indeed, the comments in the youtube-dl source code make clear that the source code was +designed and is marketed for the purpose of circumventing YouTube’s technological measures +to enable unauthorized access to our member’s copyrighted works, and to make unauthorized +copies and distributions thereof: they identify our member’s works, they note that the works +are VEVO videos (virtually all of which are owned by our member companies), they +acknowledge the those works are licensed to YouTube under the YouTube standard license, and +they use those examples in the source code to describe how to obtain unauthorized access to +copies of our members’ works. + +In light of the above noted copyright infringements and anticircumvention violations, we ask +that you immediately take down and disable access to the youtube-dl source code at all of its +locations where it is hosted on GitHub, including without limitation those locations in the +representative list set forth above. + +This e-mail does not constitute a waiver of any right to recover damages incurred by virtue of +any such unauthorized activities, and all such rights as well as claims for other relief are +expressly reserved. + +You may contact me at RIAA, [private] Tel. [private], +or email [private] to discuss this notice. + +Sincerely, +[private] +[private]