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| 00:46:42 | <anarcat> | how does one archive one specific flickr account? |
| 00:50:01 | <anarcat> | sorry, moving to #flickrfckr |
| 00:57:47 | <atphoenix> | Lord_Nightmare, EFF has now commented: https://twitter.com/EFF/status/1339673011276791808 |
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| 02:48:52 | <Lord_Nightmare> | https://www.techdirt.com/articles/20201210/14275845866/tillis-release-details-his-felony-streaming-bill-it-would-have-limited-impact-there-are-still-problems.shtml |
| 02:49:32 | <Lord_Nightmare> | atphoenix: the comments there point out some things i missed, like the re-definition of 'financial gain' by the NET act in 1997 |
| 02:49:52 | <Lord_Nightmare> | which means this doesn't apply just to video/audio, but any file transfer protocol |
| 02:50:15 | <Lord_Nightmare> | also as an anonymous commenter pointed out: "Doesn't this effectively criminalize Twitch if a game company wanted to press the issue? The whole website is primarily unauthorized public performances of games." |
| 02:50:56 | <Lord_Nightmare> | See: what happened to linkus on twitch when he streamed a game at the hour it released in japan, but since he's USA based he got a DMCA strike for streaming it too early by 18 hours, which afaik was never removed |
| 02:51:07 | <Lord_Nightmare> | by nintendo |
| 02:51:42 | <Lord_Nightmare> | nintendo has also multiple times in the past gone after youtubers for streaming their games "without streaming permissions", taking down years old videos because creators were not part of their 'creators program' |
| 02:52:28 | <Lord_Nightmare> | this law if i'm reading it right makes it a felony to provide as a service or be a streamer streaming anything as an unauthorized public perfomance, which, particularly for video games older than 5-10 years, is EVERY VIDEO GAME |
| 02:53:04 | <Lord_Nightmare> | so this law effectively makes twitch illegal, by that reading. same with youtube video game streamers, and facebook gaming. |
| 02:53:18 | <Lord_Nightmare> | this law will end up in court if it doesn't get removed from the omnibus |
| 03:01:19 | <atphoenix> | Lord_Nightmare, probably could simply say any game video capture of games that pre-date YouTube would be at risk. Broadly written laws are used as blunt instruments to crush those who don't have the resources to counter them. |
| 03:03:10 | <Lord_Nightmare> | in many cases the companies who made the games no longer exist and the ip rights are held by one of the massive mega holding companies, like EA, activision-blizzard, warner bros gaming, disney-fox, sony, microsoft, riot/tencent or epic, and if even half of those companies decide 'we only allow streaming with a 50-50 revenue split of all take during streaming those games' then twitch is dead overnight |
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| 09:15:45 | <bksq> | hi, does anyone have a heritrix instance running? |
| 09:28:00 | <thuban> | "Now it's fair to note that in real life, taking such a briefcase would not be a good idea. People who lose a million dollars tend to miss it, and you will likely get arrested or killed by the mafia." |
| 09:28:08 | <thuban> | er. wrong buffer |
| 09:32:14 | <Sanqui> | good advice tho |
| 09:32:51 | <bksq> | hi, does anyone have a heritrix instance ready to crawl a page? |
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| 12:55:04 | <OrIdow6> | You've got to like when you're searching for information and you come across SEO pages |
| 12:55:14 | <OrIdow6> | "If Discord was implementing even the bare minimum of encryption and security standards for user data, it would not be so susceptible to being scraped in this way. More importantly, user data would not be nearly so easy for an attacker to steal. Under GDPR, businesses have an obligation to act as responsible custodians for data." |
| 12:55:18 | <OrIdow6> | -https://blog.eduonix.com/featured/discord-scraped-no-ones-anything/ |
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| 16:41:24 | <lennier1> | Interesting fact, there has never been a court case in the USA determining whether game streaming qualifies as fair use. This is a good video by a copyright attorney exploring the issue. https://www.youtube.com/watch?v=fqmzxw0t6Ok&t=2103s |
| 16:43:19 | <lennier1> | Of course companies frequently abuse the DMCA even when something is clearly fair use, i.e. CD Projekt Red copyright striking brief clips and screenshots showcasing bugs in Cyberpunk 2077 pre-release (some people were shipped copies early). |
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| 19:41:07 | <Lord_Nightmare> | lennier1: and the linkus thing. apparently some big streamers got the dmca strikes reversed after bitching at nintendo, but that was less than a dozen of the ?hundreds? of people who got strikes from nintendo where nintendo failed to understand how time zones work |
| 19:42:23 | <Lord_Nightmare> | i think he's going to end up having to lawyer up to fix that shit |
| 19:56:04 | <lennier1> | On the one hand, it's easy enough to file a DMCA counterclaim. A lot of people just don't understand their rights. But doing that puts a bullseye on someone in case a company like Nintendo actually does want to press the issue and take them to court. But the reality seems to be that no big company actually wants a court to rule on it because they might rule that it's fair use. |
| 20:07:45 | <Lord_Nightmare> | as i understand it, twitch doesn't allow filing counterclaims, they automatically irrevocably delete content once it gets claimed, and the onus is on the streamer to convince the company who filed the claim in the first place to drop it in order to remove it. you get banned for 1-3 days per claim, up to 3, at which point you are permanently banned from twitch |
| 20:08:01 | <Lord_Nightmare> | or so i understand |
| 20:08:19 | <Lord_Nightmare> | i.e. the dmca system as twitch implements it is far more broken than it would be to the typical user |
| 20:08:35 | <Lord_Nightmare> | i think you CAN file a counterclaim, but the content is already gone from twitch's servers |
| 20:09:05 | <Lord_Nightmare> | now, twitch's cdn for a long time (possibly still) doesn't actually delete content if a streamer deletes it or the vods expire from age |
| 20:09:11 | <Lord_Nightmare> | it just sits there |
| 20:09:30 | <Lord_Nightmare> | and people (and the riaa/mpaa) figured out how to access the old content from the cdn servers directly |
| 20:09:34 | <Lord_Nightmare> | and DMCA *THAT* |
| 20:09:45 | <Lord_Nightmare> | so you can delete a vod and clips, and still get a dmca ding from it |
| 20:10:19 | <Lord_Nightmare> | its seriously fucked up, and twitch has done very little publicly to fix it |
| 20:11:26 | <Lord_Nightmare> | so it might be possible to triple-dmca someone and get them banned from twitch by filing 3 claims on THE SAME STREAM: DMCA a clip, DMCA the vod of the stream, and DMCA the CDN version of either the vod or the clip, as 3 separate filings |
| 20:11:31 | <Lord_Nightmare> | and that person is now banned from twitch |
| 20:14:20 | <Lord_Nightmare> | someone could make a business of extorting people like this: find a streamer who has an open playlist (I don't think anyone does this anymore) and add a copyrighted song to it. wait for it to play, then clip it being played, a small portion of it even. assuming audible magic (a service twitch uses) doesn't detect the song and mute that portion of the stream and the surrounding n minutes on either end, you |
| 20:14:20 | <Lord_Nightmare> | then file a DMCA claim for the vod of the stream, the clip you yourself made of the stream, and the CDN version of either the clip or the vod, then send a message to the streamer demanding $large or you won't drop the DMCA claims and they get permabanned |
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| 20:14:37 | <Lord_Nightmare> | its majorly fucked up |
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