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Asking Microsoft to resign from the RIAA over youtube-dl takedown demand

by Denver Gingerich on October 26, 2020

We learned on Friday that GitHub removed youtube-dl's primary collaboration forum and code repository from their site, which had been hosted at https://github.com/ytdl-org/youtube-dl. The action was in response to a DMCA Section 512 notice that the RIAA sent demanding removal of youtube-dl, which was released and distributed via GitHub under a liberal FOSS license. In the notice, the RIAA cites DMCA Section 1201 (the removing digital restrictions section) as justification for youtube-dl's removal.

We believe that youtube-dl has substantial non-infringing uses. There are many, but to name a few, youtube-dl has the following important features:

  • enable users to watch YouTube videos without installing any non-free software
  • watch YouTube at different speeds (including speeds YouTube does not offer) — an important feature for accessibility!
  • change the YouTube video quality setting manually when the user is more aware of bandwidth issues than YouTube's non-human algorithms
  • ability to download (and then, with other software, modify and reuse) freely licensed videos, such as those licensed under CC-BY
  • various aids for journalists, including fact-checking, video analysis, and bandwidth saving

We realize Microsoft, a paying member of the RIAA, has left themselves stuck between their industry association's abuses of the law and the needs of FOSS projects for which they provide infrastructure. While under current law (which we object to), complying with the takedown notice is admittedly the fastest way to limit Microsoft's liability, we view Microsoft's membership in the RIAA as a much bigger liability to our community, now that Microsoft controls GitHub. We call on Microsoft to resign from the RIAA and remove their conflict of interest in this matter. This is an important opportunity for Microsoft to stand up for the values of software freedom.

If you work at Microsoft (including for its GitHub subsidiary), we call on you to petition your employer to resign immediately from the RIAA. We suggest that you raise these concerns directly with your manager or other management, or (even better) by starting an internal email petition with other employees.

To build a strong community of FOSS developers, we need confidence that our software hosting platforms will fight for our rights. While we'd prefer that Microsoft would simply refuse to kowtow to institutions like the RIAA and reject their DMCA requests, we believe in the alternative Microsoft can take the easy first step of resigning from RIAA in protest. We similarly call on all RIAA members who value FOSS to also resign.

Tags: FOSS Sustainability, software freedom for everyone

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