I agree. Not only are "we"[1] the owners of the copyright, we are
explicitly releasing it under a CC-by-sa license, which _does_ constitute
"prior written consent of [...] the respective licensors of the Content".
Kudos to Deryck and Enoch for tackling this bummer of a task for all of
us. It's worthwhile labor, and will serve us for years[2].
Cheers,
Asaf
[1] for some definition of "we"
[2] I have had occasion to watch a WM2012 session just last week.
On Tue, Jan 21, 2014 at 8:33 AM, Deryck Chan <[email protected]> wrote:
> I've just scrutinised the YouTube TOS in detail for the first time. The
> clause which says you can't download videos is in 5(B): (my emphasis)
>
> You may access Content for your information and personal use solely as
>> intended through the provided functionality of the Service and as permitted
>> under these Terms of Service. *You shall not download any Content unless
>> you see a “download” or similar link displayed by YouTube on the Service
>> for that Content.* You shall not copy, reproduce, make available online
>> or electronically transmit, publish, adapt, distribute, transmit,
>> broadcast, display, sell, license, or otherwise exploit any Content for any
>> other purposes *without the prior written consent of YouTube or the
>> respective licensors of the Content*. YouTube and its licensors reserve
>> all rights not expressly granted in and to the Service and the Content.
>>
>
> We obviously have the prior written consent to reproduce the videos to
> Commons. From my reading of the TOS, copying the videos to Commons
> shouldn't violate the TOS (in part because it wasn't "downloaded" - though
> "download" wasn't explicitly defined in the TOS).
>
> IANAL.
>
>
>
> On 21 January 2014 23:50, Jan Ainali <[email protected]> wrote:
>
>> I already started uploading around 15 of them, not reading the ToS
>> beforehand. :/
>>
>> I used the script youtube2mediawiki.py so I am not sure I technically
>> have 'downloaded' the files, at least they have never been on my computer.
>>
>> /Jan
>>
>> 21 januari 2014, Andrew Lih <[email protected]> skrev:
>>
>> Oh I can do it, and I know how to do so technically. I'm just pointing
>> out by the letter of YouTube's TOS it's not permitted. :)
>>
>> -Andrew Lih
>> Associate professor of journalism, American University
>> Email: [email protected]
>> WEB: http://www.andrewlih.com
>> BOOK: The Wikipedia Revolution: http://www.wikipediarevolution.com
>> PROJECT: Wiki Makes Video
>> http://en.wikipedia.org/wiki/Wikipedia:WikiProject_Wiki_Makes_Video
>>
>>
>> On Tue, Jan 21, 2014 at 9:33 AM, Federico Leva (Nemo) <[email protected]
>> > wrote:
>>
>> Andrew Lih, 21/01/2014 06:05:
>>
>> Thanks for the extensive explanation, and as someone who's helped with
>> Wikimania video in the past, I absolutely feel your pain and commend you
>> for doing what you have so far.
>>
>> Downloading from YouTube violates their TOS, though you'll notice people
>> do it all the time.
>>
>>
>> I've uploaded thousands of YouTube videos to archive.org, I can do these
>> too with no problem.
>>
>> Nemo
>>
>>
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--
Asaf Bartov
Wikimedia Foundation <http://www.wikimediafoundation.org>
Imagine a world in which every single human being can freely share in the
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