GitHub and EFF Back YouTube Ripper In Legal Battle With the RIAA

GitHub and digital rights group EFF have filed briefs supporting stream-ripping site Yout.com in its legal battle with the RIAA. GitHub warns that the lower court's decision threatens to criminalize the work of many other developers. The EFF, meanwhile, stresses that an incorrect interpretation of the DMCA harms people who use stream-rippers lawfully. TorrentFreak reports: In 2020, YouTube ripper Yout.com sued the RIAA, asking a Connecticut district court to declare that the site does not violate the DMCA's anti-circumvention provision. The music group had previously used DMCA takedown notices to remove many of Yout's appearances in Google's search results. This had a significant impact on revenues, the site argued, adding that it always believed it wasn't breaking any laws and hoped the court would agree. Last October, the Connecticut district court concluded that Yout had failed to show that it doesn't circumvent YouTube's technological protection measures. As such, it could be breaking the law. Yout operator Johnathan Nader opted to appeal the decision. Nader's attorneys filed their opening brief (PDF) last week at the Court of Appeals for the Second Circuit, asking it to reverse the lower court's decision. The YouTube ripper is not the only party calling for a reversal. Yesterday, Microsoft-owned developer platform GitHub submitted an amicus brief that argues for the same. And in a separate filing, the EFF also agrees that the lower court's decision should be overturned. GitHub's brief starts by pointing out that the company takes no position on the ultimate resolution of this appeal, nor does it side with all of Yout's arguments. However, it does believe that the lower court's interpretation of the DMCA is dangerous. The district court held that stream rippers can violate the DMCA's anti-circumvention provision. The court noted that these tools allow people to download video and audio from YouTube, despite the streaming platform's lack of a download button. According to GitHub, this conclusion is premature, dangerous, and places other software types at risk. In the present lawsuit, GitHub reiterates that stream-ripping tools should not be outlawed. The fact that YouTube doesn't have a download button doesn't mean that tools that enable people to download videos circumvent technological access restrictions. "YouTube's decision not to provide its own 'download' button, however, is not a restriction on access to works. It merely affects how users experience them," GitHub writes. If the court order is allowed to stand, GitHub warns that a broad group of developers could be exposed to criminal liability, effectively chilling technological innovation. YouTube download tools are not the only types of software at risk, according to GitHub. There are many others that affect 'how users experience' online websites. These could also be seen as problematic, based on the district court's expansive interpretation of the DMCA. These widely accepted tools could put their creators at risk if the DMCA is interpreted too strictly, GitHub warns. The Electronic Frontier Foundation (EFF) also submitted an amicus curiae brief (PDF) yesterday. The digital rights group takes interest in copyright cases, particularly when they get in the way of people's ability to freely use technology. In this instance, EFF points out that stream-rippers such as Yout.com provide a neutral technology with plenty of legal uses. They can be used for infringing purposes, but that's also true for existing technologies -- the printing press, for example. "Like every reproduction technology -- from the printing press to the smartphone -- these programs, colloquially called 'streamrippers,' have important lawful uses as well as infringing ones. "Video creators, educators, journalists, and human rights organizations all depend on the ability to make copies of user-uploaded videos," EFF adds. In common with GitHub, EFF notes that the absence of a download button on YouTube doesn't imply that download tools automatically violate the DMCA, especially when there are no effective download restrictions on the platform. [...] According to EFF, Yout and similar tools provide the same functions as video cassette recorders once did. They allow people to make copies of videos that are posted publicly by their creators. In addition, these tools are vital for some reporters and useful to creatives who use them for future work.

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