Actually, it is more complicated than that. To exercise fair use defense (yes, it is a defense and not a right in US Copyright law), you must be able to use a process that is non-invasive (as stated in DMCA). So, if a DRM is preventing you to screenshot it, you are actually required to use a camera and exercise the analog hole. This is definitely disappointing, and I am not personally endorsing it, but the law as it stands does not lend credence. (Also, what RIAA is trying to remove is the code that allows to get the music video files from YouTube, which is served differently to normal videos (not just the test units in question). This was conspicuously absent from all discussions I've read.)
> (Also, what RIAA is trying to remove is the code that allows to get the music video files from YouTube, which is served differently to normal videos. This was conspicuously absent from all discussions I've read.)
It's absent because RIAA's intent is not stated. They did a blanket takedown, unprompted. As far as I can tell they never requested any particular modification. IIRC the only hint that it might be related is a mention that the rolling cipher algorithm that YouTube-dl "circumvents" was ruled to be DRM under German law.
However, the bulk of the DMCA seems to be leveled at the marketing of ytdl as a circumvention tool, citing unit tests containing metadata referencing RIAA-owned content (unit tests, apparently, are now part of 'marketing,' I guess.)
> However, the bulk of the DMCA seems to be leveled at the marketing of ytdl as a circumvention tool, citing unit tests containing metadata referencing RIAA-owned content (unit tests, apparently, are now part of 'marketing,' I guess.)
This is definitely untested in court but I won't be surprised if it is indeed part of marketing. The problem with the tests is that they do download the video, even if it is a small amount and since ytdl does not reject the video for downloading at all it is technically infrigment, probably without a valid fair use defense. If ytdl has actively rejected that (for example if the test units are specifically to prevent downloading those types of videos), they may have a stonger defense against RIAA claims.
Not in their entirety, but it still downloaded a second for each of those videos. Interpret that as you wish, but I will not be surprised if RIAA will use this.
Congress did not intend fair use to be an affirmative defense. It is clearly a right under US copyright law. The rights granted to copyright owners in section 106 are expressly “subject to” the fair use defense. The fair use section of the Act, section 107, provides expressly that fair use “is not an infringement of copyright", rather than an infringement with an affirmative defense. In Lenz v. Universal the courts say that fair use is "distinct from affirmative defenses where a use infringes a copyright, but there is no liability due to a valid excuse.” and that “fair use is ‘authorized by the law’ and a copyright holder must consider the existence of fair use before sending a takedown notification….”
This nonsense about "it's a defence not a right" discredits you.
It's a right because where it applies there is no tort. Like an allowed right of way over private property. Yes, if a you have someone abusing your rights by filling frivolous suits then "it's a defence", of course it is they're trying to assert a right they don't have.
Such needless couching of public rights in an authoritarian way is really offensive to the purposes of copyright, which is granted by the public - the demos - to private parties. It's not a natural right, and so yes, under Fair Use there is no right being infringed that a valid claim of tort can be made for; so one does have a right to do those things.
