From 4641c85334161d3aa94007a0d3f0285dbbee6f67 Mon Sep 17 00:00:00 2001 From: TheFrenchGhosty <47571719+TheFrenchGhosty@users.noreply.github.com> Date: Sat, 12 Mar 2022 22:47:28 +0000 Subject: [PATCH] Massively enhance the takedown notices document, and counter templates (#210) --- docs/Takedown-Notices.md | 41 ++++++++++++++++++++++++++++++++++++++++ docs/Takedowns.md | 37 ------------------------------------ 2 files changed, 41 insertions(+), 37 deletions(-) create mode 100644 docs/Takedown-Notices.md delete mode 100644 docs/Takedowns.md diff --git a/docs/Takedown-Notices.md b/docs/Takedown-Notices.md new file mode 100644 index 0000000..88c1d7c --- /dev/null +++ b/docs/Takedown-Notices.md @@ -0,0 +1,41 @@ +# Takedown Notices + +While running Invidious, it is very possible you will receive a takedown notice at some point. A copyright agent will probably search the ID of an infringing video on a search engine and see an Invidious instance appear. At least in the United States and in Europe, Invidious instances should in theory be immune those kind of takedown. + +Do note that most requests are invalid and technically illegal since they aren't sent by a lawyer, so you can, in theory, never replies to them (unless they are a company/law firm). If you want to be safe you can obviously counter to all of them. + +To counter them "easily", we decided to provide templates depending on where your instance is located. + +## Template - United States + +``` +Hello, + +I am writing on behalf of {{website}}. I am the webmaster of {{website}} and all of its subdomains. + +I see you are filing a claim for {{allegedly infringing URLs}}. {{invidious instance url}} hosts Invidious, a private YouTube front-end, meaning it is simply a proxy to access YouTube assets and user generated content without tracking from Google. Thus, all content is proxied from YouTube and is not stored on our servers, and, if YouTube chooses to remove an asset, it will no longer appear on our site. + +Our Invidious instance {{invidious instance url}} is hosted in the United States, so the United States's laws apply to it. Under United States copyright law 17 U.S.C. § 512(a), part of the Digital Millennium Copyright Act, content that "is transmitted through the system or network without modification of its content" is allowed, and legal. + +As such, all takedown requests must be sent to YouTube, as we don't have any control on the data that they have on their servers. + +Thank you, +{{name}} +``` + +## Template - European Union + +``` +Hello, + +I am writing on behalf of {{website}}. I am the webmaster of {{website}} and all of its subdomains. + +I see you are filing a claim for {{allegedly infringing URLs}}. {{invidious instance url}} hosts Invidious, a private YouTube front-end, meaning it is simply a proxy to access YouTube assets and user generated content without tracking from Google. Thus, all content is proxied from YouTube and is not stored on our servers, and, if YouTube chooses to remove an asset, it will no longer appear on our site. + +Our Invidious instance {{invidious instance url}} is hosted in the European Union, so the European Union's laws apply to it. Under the directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society, "temporary acts of reproduction [...], which are transient or incidental [and] an integral and essential part of a technological process and whose sole purpose is to enable: a transmission in a network between third parties by an intermediary" is allowed, and legal. + +As such, all takedown requests must be sent to YouTube, as we don't have any control on the data that they have on their servers. + +Thank you, +{{name}} +``` diff --git a/docs/Takedowns.md b/docs/Takedowns.md deleted file mode 100644 index 52ed5c3..0000000 --- a/docs/Takedowns.md +++ /dev/null @@ -1,37 +0,0 @@ -# Takedowns - -While running Invidious, it is very possible you will recive a DMCA at some point. A copyright agent will probably at some point search the ID of an infringing video on a search engine and see an Invidious instance appear. At least in the United States, Invidious instances should in theory be immune to DMCA laws because of [17 U.S. Code § 512](https://www.law.cornell.edu/uscode/text/17/512) stating that a provider is not responsible for content assuming that "the material is transmitted through the system or network without modification of its content." - -## Sample DMCA (United States) - -``` -Hello, - -I am writing on behalf of {{website}}. I am the webmaster of {{website}} and all of its subdomains. - -I see you are filing a claim for {{invidious instance url}}. {{invidious instance url}} hosts Invidious, a private YouTube front-end, meaning it is simply a proxy to access YouTube assets and user generated content without tracking from Google. Thus, all content is proxied from YouTube and is not stored on our servers and if YouTube chooses to remove an asset, it will no longer appear on our site. - -Our {{server hosting}} {{invidious instance url}} is hosted in the United States, so the United States's laws apply. Under United States copyright law 17 U.S.C. § 512(a), part of the Digital Millennium Copyright Act, we cannot be liable for content that "is transmitted through the system or network without modification of its content." - -As such, all takedown requests must be sent to YouTube, as we don't have any control on the data that they have on their servers. - -Thank you, -{{name}} -``` - -## Sample Template (EU) - -``` -Hello, - -I am writing on behalf of {{website}}. I am the webmaster of {{website}} and all of its subdomains. - -I see you are filing a claim for {{invidious instance url}}. {{invidious instance url}} hosts Invidious, a private YouTube front-end, meaning it is simply a proxy to access YouTube assets and user generated content without tracking from Google. Thus, all content is proxied from YouTube and is not stored on our servers and if YouTube chooses to remove an asset, it will no longer appear on our site. - -Our {{server hosting}} {{invidious instance url}} is hosted in the European Union, so the European Union's laws apply. Under the directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society, "temporary acts of reproduction referred to in Article 2, which are transient or incidental [and] an integral and essential part of a technological process and whose sole purpose is to enable: a transmission in a network between third parties by an intermediary" is allowed, and legal. - -As such, all takedown requests must be sent to YouTube, as we don't have any control on the data that they have on their servers. - -Thank you, -{{name}} -```