Re: YouTube Premium to download videos
¿ªÔÆÌåÓýThis is a complicated grey area depending on what content you are downloading and for what purpose, and I am NOT A LAWYER.First, it is a violation of YouTube¡¯s TOS. Downloading via any means other than those explicitly permitted by YouTube is a TOS ¡°contract¡± violation. Not illegal, a breach of contract. Does YouTube care? There is zero evidence that YouTube cares. The DMCA explicitly absolves streamers from the actions of their users. Copyright: Any copying of copyrighted materials is de facto illegal unless there is a legal exception or a grant of license from the copyright holder. The grant of license can be broad, such as a Creative Commons license, or specific, ¡°I hereby allow you to." Copyright is inherent and does NOT need to be asserted (since 1979?). The principle exceptions that allow use of copyrighted materials without permission are those granted by Fair Use, the DMCA, and a lot of complex case law.? Not all material is copyrighted, but most is. There are works for which copyright was never established, has expired, or has been otherwise placed in the "Public Domain" by the creator. For instance most video created and funded by the US government is in the Public Domain by law. The DMCA and downloaders: Downloader software should not be confused with software whose purpose is to circumvent copy protection like DeCSS. Circumventing copy protection, and creating software to do so, was made illegal by the DMCA. However, downloaders don¡¯t necessarily do this. They don¡¯t have to.?The consensus appears to be that streaming technology does not, by itself, constitute "copy protection" for purposes of the DMCA.?I was unable to find any legal precedent that has tested this assertion. YouTube does not employ active means of copy protection.? Cheers, ? ? ? ? ? ? ? ? tod
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