Saturday, December 16, 2023

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How Future YouTube Policies Affect Today's Creativity & Tomorrow's Income
Andy Maxwell, 16 Dec 11:22 AM

dbtechHaving networked computers at home used to be called…well, having networked computers at home. As a description, it's both accurate and boring, something that cannot be said about having a 'homelab'.

"A home lab, or simply lab,' is a personal space where technology enthusiasts, professionals, and hobbyists can experiment with various hardware and software. From virtual machines to your own server, a home lab offers endless possibilities," says Brandon Lee of VirtualizationHowto, one of many sites publishing tutorials aimed at the surging homelab scene.

David Burgess runs the DB Tech channel on YouTube, where he publishes tutorials on technologies relevant to homelabs and self-hosting in general, such as Docker, Portainer, Proxmox, and Pi-Hole, to name just a few. The almost universal common denominator among channels like David's is the absence of piracy, because you can't pirate software that developers happily give away for free.

To that background, a new video published on the channel was immediately puzzling.

Years-Old Videos Considered Non-Compliant

This week David received a notification from YouTube; unusual considering he'd turned off notifications two years ago when the frequency became overwhelming. Still, the communication from YouTube was important, since it referred to a community guideline strike on one of his videos.

Given that David has had a community strike on his account since March 29, 2021, he initially thought the message was about that. It wasn't.

YT Community Strike

The background to the first strike is almost ancient history. On March 20, 2020, David uploaded a video about a Docker container for youtube-dl, software that allows people to download videos from YouTube and other platforms. Notably, the upload preceded the RIAA's failed efforts to have youtube-dl removed from GitHub by six months.

While youtube-dl remains on GitHub today for anyone to download, on March 29, 2021, a year after its initial upload, YouTube notified David that his docker/youtube-dl video had been removed for violating YouTube's Terms of Service. David filed appeals with YouTube, noting that he hadn't promoted the tool for infringing purposes, but was ultimately informed that it would not be restored.

No specific reasons were given but YouTube's terms of service state that downloading from the platform is not allowed. Even if YouTube had other issues in mind, the TOS violation can't be avoided, despite David's record of good conduct.

Disappointed to Receive a Strike

After speaking with David and reviewing his videos, it's clear that YouTube and similar platforms aren't focused on people like him when making the rules. He presents himself well, refrains from mindless hype, and produces clear educational videos that add value to the YouTube platform. The community strike is an obvious disappointment to him, beyond just getting a strike.

Since countless other videos remained up when his had been taken down, including many that blatantly promoted youtube-dl for infringing purposes, David still feels the deletion was somewhat unfair. As always, the context of the video is important, so while mindful of YouTube's rule against downloading, we watched the whole thing in search of anything egregious.

No Obvious Crimes, Anti-Malware, Pro-Irony

What we found was a tutorial video in which David went out of his way to insist on careful use; certainly not by pirates downloading the latest music videos or people pilfering content for their own channels.

youtube-dl dbtech

The video also devotes time to alternative tools that promise to download videos from YouTube, with the primary aim of giving users malware instead. As David explains, for YouTube creators who need to show a clip of another video within theirs for context, using youtube-dl is a safer option.

dbtech yt2

Even at this point, with context shining in David's favor, downloading videos that aren't already configured for download still isn't allowed by YouTube. The RIAA firmly believes that using youtube-dl to obtain YouTube videos amounts to a violation of the DMCA, which disallows the circumvention of digital locks, including YouTube's rolling cipher.

Under YouTube's current terms of service, content that "shows viewers how to get unauthorized access to content, software, or services that usually require payment" is disallowed under to the 'Digital security content' section. That doesn't seem to apply to YouTube directly in this case.

Anti-circumvention and the prevention of unauthorized access are the key principles overall. This makes the content that David downloaded from YouTube, as a demonstration in his now-removed video, much more than just a little ironic.

The Lock Picking Lawyer

That brings us back to the community guidelines strike issued this week.

Arr..Arr..Arr..Agggh

On February 5, 2021, David uploaded several tutorial videos on how to create the ultimate home media server using Emby, Sonarr, Radarr and Jackett. One of those videos explained how to configure these pieces of software, especially how to get the Docker containers to communicate with each other; it was a technical tutorial about networking, nothing beyond that.

This week David discovered that specific video (but none of the others) had been removed for breaching YouTube's terms of service. Once again, dozens of similar tutorials that go much further remain live on YouTube, for no immediately obvious reason. David's video was uploaded over three years ago and had accrued 114,000 views, a figure that will never go up and never again earn him revenue on YouTube.

Some channels specialize in this kind of content for obvious reasons, yet somehow remain live. David says that causes confusion when trying to assess YouTube's interpretation of the rules, and how other videos posted to his channel may be affected.

New Rules Present New Concerns

Over the years, YouTube's approach to content has certainly become more restrictive. It's generally not excessive but, as new rules are implemented, the chances of older content made under different rulesets falling foul only look set to increase. David believes that creators will have to adhere to today's rules and then consider how future rules may step in to render previously acceptable content a TOS violation down the line.

"Now I have to put myself into a very conservative mindset about what might be misconstrued by the wrong content mod as a violation and take corrective action in the future because, again, who knows when something like this will happen again?" he says.

Guidelines, Rules, Laws

As societies react to new technologies, the shifting sands of social norms, and the effect of government efforts to legislate, regulate, or even frustrate online behavior, large online platforms like YouTube are being forced to change. New rules governing conduct are inevitable and can often provide clues on how a company hopes to be perceived among licensing partners and advertisers. As we recently suggested, personal moderation at scale is already an impossibility and with new rules come new problems.

David doesn't have any plans to abandon YouTube but seems less inclined to rely on it exclusively moving forward. He's hoping to continue building an audience on Patreon where $1 per month gets things started, and also on Rumble, according to a new post on X, where a lack of coherence on rules in general makes the place almost insufferable.

On the flip side, too many new rules have a tendency to breed even more rules of increasing complexity; read by the few and fully understood by almost nobody.

Reports this week published by Ars Technica and Techcrunch detailed new content policy at Twitch, implemented to make old policies on nudity less confusing.

The end result could give Monty Python's Meaning of Life a run for its money.

From: TF, for the latest news on copyright battles, piracy and more.

Fraudsters Use AI to Sell Fake Pirated Pre-Release Tracks, Universal Music Warns
Ernesto Van der Sar, 15 Dec 10:21 PM

universal music groupArtificial intelligence has the potential to make our lives more efficient, entertaining, and productive.

On the flip side, it also presents several threats. This ranges from complex existential worries to concerns about AI-related copyright infringement, which is already widespread.

Tthese copyright concerns will be discussed next month at a meeting of WIPO's Advisory Committee on Enforcement, where several stakeholders will present their thoughts. This includes Universal Music Group (UMG), which sees both the good and bad aspects of this rapidly developing technology.

UMG's Vice President of Global Content Protection, Graeme Grant, lays out the music company's perspective in a detailed contribution sent to WIPO in advance.

According to Grant, UMG broadly embraces AI technology and has already obtained several patents in this area. Among other things, the company uses AI to fuel the creative process, optimize production, and as a marketing tool. At the same time, it also presents new challenges.

"While AI holds great potential for innovation and expansion, generative AI also poses great risks – not only to creators but to broader society, as well," Grant notes.

AI Generated Tracks are Booming

AI is increasingly used to copy music and generate tracks based on the likeness of popular artists, such as Drake vs The Weeknd's 'Heart on my Sleeve'. These tracks are created using models trained on copyrighted music, which can be a problem if these datasets and models are shared.

"[O]ne online community has created a spreadsheet containing over 100 pre-trained vocal models, relating to specific artists, that have been uploaded to services like Megaupload and Google Drive and can be downloaded and used by anyone of their 15,000 members," Grant writes.

While UMG might not get too upset when people experiment purely for personal use, the company believes that a line is crossed when AI-synthesized tracks are made available to the public, especially when that includes a commercial element.

In the past few months, the number of AI-generated tracks uploaded to online music platforms such as Spotify increased by 175%, UMG found, and this trend could very well continue in the future.

In some cases, people use artist-inspired names such as "Juice AI" and "Drake AI" to share the tracks on legitimate music services. These uploads generate royalties for every play, which don't go to the original artist and label.

juicewrld

These fake 'pre-release' sales have been going on for a while. Vice previously highlighted a scammer who reportedly made thousands of dollars by selling AI-generated Frank Ocean tracks. But that's just the tip of the iceberg.

Fraudsters Scam Pirates

UMG is protecting its bottom line with these comments, but the company notes that prospective pirates can be harmed as well. There's a lively market for leaked pre-release music and scammers are exploiting the demand to generate profit.

Through the use of AI technology, the scammers create musical snippets that impersonate popular artists. These are then sold through pre-release forums as the real deal, supported by claims that the tracks were obtained through hacking or phishing.

Some people apparently fall for this scam, paying thousands of dollars to get their hands on fresh tracks, not knowing that they're actually faked.

"Believing these tracks to be authentic, users often engage in 'group buys', pooling their resources to meet the fraudster's inflated asking price, which can range from USD5,000 to 30,000.

"The users are often unaware that the track in question was not created by the artist, but rather by AI technology," Grant adds.

Good AI

Luckily it's not all doom and gloom. UMG also shares many examples of how it uses AI to its advantage. This includes the creation of the new Beatles recording "Now and Then" released last month.

AI technology is also used to help the company detect potential infringements, and to stave off cybersecurity threats.

"The UMG security team uses AI to protect the employees, artists and stakeholders against cybersecurity threats which are vast in number and growing in sophistication," Grant writes.

The music company's overview makes it clear that, like many technologies before it, AI can be used for good and bad. At the moment, UMG doesn't believe that copyright regulation needs to be updated. That said, all stakeholders have to remain vigilant to prevent potential problems.

A copy of the WIPO contribution, prepared by UMG's Vice President of Global Content Protection, Graeme Grant, is available here (pdf)

From: TF, for the latest news on copyright battles, piracy and more.

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