Replies: 24 comments 75 replies
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That's fucking horseshit. Not only there is no circumvention of anything going on here, I know for sure that at least some of the listed sites already remove content in response to fakku dmca. There is no fakku content on there.
+1. Codeberg maybe? |
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agree with thatfuckingbird. their secondary liability argument is weak, but not legally baseless. your options might be limited to: fully comply (and set a precedent), partially comply by removing only the specifically named extractors (which arent core and could be moved elsewhere, and may be enough to satisfy github), file a counter-notice (which carries legal risk), or migrate off gitgub (eg. to codeberg) |
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Currently migrating this repo to Codeberg, just in case: https://codeberg.org/mikf/gallery-dl |
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If you have insurance that covers the legal grounds of copyright, use that. |
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Here is a suggested draft response mail provided by Copilot in a neutral and factual style Subject: Clarification Regarding DMCA §1201 Anti-Circumvention Notice Hello GitHub Support Team, Thank you for forwarding the recent DMCA §1201 anti-circumvention notice. I would like to provide some factual clarification about the repository in question so that the situation is accurately understood. 1. The repository does not interact with or access the complainant’s platform or technological protection measures. 2. The repository does not circumvent any access-control or rights-control mechanisms under 17 U.S.C. §1201. 3. The repository has substantial non-infringing and general-purpose uses. I am providing this clarification to ensure that the nature and functionality of the repository are accurately represented. If you need any additional information or technical details, I am happy to provide them. Thank you for your time and for reviewing this clarification. Best regards, |
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I've made a decision. All I want to do is write code and manage this project the same way as all these years before, without having to worry about any external issues like copyright, politics, and so on. The easiest way to achieve this and to just keep doing what I've always done here is to bend the knee and give in, so that's what I'm going to do: rewrite history with Hate me for it or whatever, but that's what is going to happen. I'll remove all files listed in the DMCA Takedown Notice as well as every site that might include Fakku content in the hopes that this is good enough to spare this repo. A (I did write emails to the EFF and GitHub Support, but haven't gotten a reply yet. Jakob took a look at this repo and found that "it has a ton of support for FAKKU pirate websites", pointing to |
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Sorry to see this. Dealing with a copyright troll is always a difficult decision. Hopefully you'll get clearance to restore these in the future. |
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This is bullshit and I am very sorry to see an abusive rightsholder damaging a project like this. |
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DMCA's should be at github/dmca repo. Can't find it there |
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Jacob just sent me a Discord DM, confirming that gallery-dl is in the clear:
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Wtf is that, no way DMCA actually work like this right? |
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This is bull****. Just move the repo to codeberg and stop doing commits here. |
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i pray you have the courage to leave this github repo and start things on codeberg. |
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So much for this: https://github.blog/news-insights/policy-news-and-insights/standing-up-for-developers-youtube-dl-is-back/ Guess you better hope that other people don't follow fakku's example and use abusive dmcas to take down more extractors or this project will slowly die. Unless you set up an easy to use/easy to keep updated way of using extractors maintained somewhere that doesn't allow dmca I guess. |
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Fakku making claim to something they don't own to intimidate the person/group into censoring it and then acting like they didn't do it because it was their "agent" who made the claim is something Fakku has been doing since they began working for a porn publisher over a decade ago. Everyone involved at Fakku is unhinged. Consider leaving Github and using an alternative, preferably one that isn't owned by Microsoft or another cancerous corporation. Edit: Forgot to mention that Fakku doxxes people. If they've doxxed you, then there's no point in using an alternative to avoid censorship because they'll go after you IRL. |
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will there be builds for windows that are not stripped down on codeberg and gitlab? |
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We can ask distro, user repository maintainers to pull from codeberg if DMCA'd extractors will continue to be maintained there or at least adjust the packaging to include parsley's repo. |
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OK, so ... based on all the recent comments and feedback in this thread, I've decided on a new course of action:
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Good to know FAKKU joined the bad guys that bully small, neutral open source projects to feel better about the fact they can't do anything against the perpetrators. Guess I'll be investing some time looking up where to spend less money in the future. |
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Why move from one centralised platform to another and not think about using something better like https://radicle.xyz/ for example? |
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I wonder what is the state of the snap distribution at the moment? |
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There is a subreddit created by a real lawyer specifically for attacks on open source projects: https://www.reddit.com/r/Opensource_legalAid The lawyer already successfully helped to close at least this one case: https://www.reddit.com/r/selfhosted/s/K89GaGjEev The help is for free, as far as I understand. |
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I'm Jacob, the CEO of FAKKU. The notice being discussed was sent by a 3rd party DMCA agent without our approval or permission. It seems they are using AI to find repositories related to legitimate issues and projects like this one got caught up in it. I've informed them NOT to continue doing this and to immediately cease. The underlying issue is similar to if there was a website that illegally hosted Netflix content it had downloaded from torrents. Then that illegal website put up advertisements next to the content, or even a paywall cheaper than Netflix to make money. Obviously, that's against the law and Netflix would do something about it. That's generally what we are having to fight against. Ironically projects like this actually hurt that illegal website, by circumventing THEIR paywall or advertisements, and serving the content inside an app for free (which was originally paid content). It's a complicated issue, but going after projects like this doesn't solve the root problem. |
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Typical JG. Quite ironic as a former massive content pirate trying to masquerade as an intellectual property crusader after all those years of coexisting with a certain website but give it enough time - karma always strikes back. The Remove Your Media, LLC bot agents are not to be taken seriously, which is why no one obeys those takedowns per se and instead keeps the 'infringing' content just within legal reach so they can't do anything about it. While the bot itself is a troll, the companies using it force hands via fearmongering (ever seen the F! meme? Yeah, that's the one). Thanks for standing strong and moving to CB, Mike. Do not negotiate with terrorists. Ever. Almost universal state policy for a reason. |
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I've received an email regarding a Fakku ™️ DMCA involving gallery-dl as well as 28 other repositories:
They expect me to remove these "offending" files by rewriting the entire repo history using
git-filter-repowithin 1 week: https://docs.github.com/articles/remove-sensitive-dataI'm very hesitant to this idea and would honestly rather switch to a different platform than making any major changes.
If anyone knows how to deal with such GitHub DMCA takedown requests and/or could offer any legal advice, I'd be much obliged.
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