Has anyone read github's terms of service? Github is the one violating them, not the users.
Yes, github is disabling accounts to people who post youtube-dl. No, this is not in compliance with github's ToS.
github says: “Please note that re-posting the exact same content that was the subject of a takedown notice without following the proper process is a violation of GitHub’s DMCA Policy and Terms of Service." Ref: https://torrentfreak.com/github-warns-users-reposting-youtub...
github's DMCA policy says: "One of the best features of GitHub is the ability for users to "fork" one another's repositories. What does that mean? In essence, it means that users can make a copy of a project on GitHub into their own repositories. As the license or the law allows, users can then make changes to that fork to either push back to the main project or just keep as their own variation of a project. Each of these copies is a "fork" of the original repository, which in turn may also be called the "parent" of the fork.
GitHub will not automatically disable forks when disabling a parent repository. This is because forks belong to different users, may have been altered in significant ways, and may be licensed or used in a different way that is protected by the fair-use doctrine. GitHub does not conduct any independent investigation into forks. We expect copyright owners to conduct that investigation and, if they believe that the forks are also infringing, expressly include forks in their takedown notice." Ref: https://docs.github.com/en/free-pro-team@latest/github/site-...
I have very little sympathy for github here. They ought to follow the DMCA process. Per the DMCA process, I can't dispute the takedown of the main Youtube-dl repo, since I'm not a party to the process. If I post youtube-dl to github, it should stay up, pending a DMCA notice from RIAA. If such a notice is sent, I should then have the right to then dispute that.
Yes, github is disabling accounts to people who post youtube-dl. No, this is not in compliance with github's ToS.
github says: “Please note that re-posting the exact same content that was the subject of a takedown notice without following the proper process is a violation of GitHub’s DMCA Policy and Terms of Service." Ref: https://torrentfreak.com/github-warns-users-reposting-youtub...
github's DMCA policy says: "One of the best features of GitHub is the ability for users to "fork" one another's repositories. What does that mean? In essence, it means that users can make a copy of a project on GitHub into their own repositories. As the license or the law allows, users can then make changes to that fork to either push back to the main project or just keep as their own variation of a project. Each of these copies is a "fork" of the original repository, which in turn may also be called the "parent" of the fork.
GitHub will not automatically disable forks when disabling a parent repository. This is because forks belong to different users, may have been altered in significant ways, and may be licensed or used in a different way that is protected by the fair-use doctrine. GitHub does not conduct any independent investigation into forks. We expect copyright owners to conduct that investigation and, if they believe that the forks are also infringing, expressly include forks in their takedown notice." Ref: https://docs.github.com/en/free-pro-team@latest/github/site-...
youtube-dl doesn't fall under any of the restrictions in github's ToS either. ref: https://docs.github.com/en/free-pro-team@latest/github/site-...
I have very little sympathy for github here. They ought to follow the DMCA process. Per the DMCA process, I can't dispute the takedown of the main Youtube-dl repo, since I'm not a party to the process. If I post youtube-dl to github, it should stay up, pending a DMCA notice from RIAA. If such a notice is sent, I should then have the right to then dispute that.