Wednesday, April 21, 2021

On November 16, code-sharing and hosting service GitHub re-enabled the public access to youtube-dl repository, a software which can download videos from the internet via the command-line. This move comes after Mitchell Stoltz, a Senior Staff Attorney of the Electronic Frontier Foundation (EFF), sent a letter to GitHub on the behalf of youtube-dl’s maintainers. The repository was previously blocked on October 23, after GitHub received a Digital Millennium Copyright Act (DMCA) take-down notice from the Recording Industry Association of America (RIAA).

Started in July 2008, youtube-dl is a free/libré open source software written in Python which can download videos from various websites. Citing alleged violation of 17 U.S. Code § 1201 Circumvention of copyright protection systems, RIAA’s takedown notice had alleged youtube-dl was intended to circumvent the technological protection measures of streaming services and to redistribute music videos without authorisation. youtube-dl’s source code had a number of unit tests to check if the software works in different circumstances or not. Some of the test cases included URLs of some copyrighted songs.

In the letter to GitHub, EFF’s attorney Stoltz said “This file contains series of automated tests that verify the functionality of youtube-dl for streaming various types of video. The youtube-dl source code does not, of course, contain copies of these songs or any others […] the unit tests do not cause a permanent download or distribution of the songs they reference; they merely stream a few seconds of each song to verify the operation of youtube-dl. Streaming a small portion of a song in a non-permanent fashion to test the operation of an independently created software program is a fair use.” The letter stressed “youtube-dl does not decrypt video streams that are encrypted with commercial DRM technologies”.

The URLs to copyrighted songs were removed from the source code on November 16, and replaced with a test video that uploaded on YouTube by Philipp Hagemeister, former maintainer of youtube-dl. Philipp Hagemeister had previously spoken about the takedown with Wikinews.

youtube-dl comes with a small JavaScript interpreter where it acts as a web-browser would behave while receiving video data from the server. The script has “extractors” for various websites to handle videos from different sources. “Any software capable of running JavaScript code can derive the URL of the video stream and access the stream, regardless of whether the software has been approved by YouTube”, the letter read. It borrowed an analogy of Doors of Durin from J. R. R. Tolkien’s Lord of the Rings for explanation: travelers come upon a door that has writing in a foreign language. When translated, the writing says “say ‘friend’ and enter.” The travelers say “friend” and the door opens. As with the writing on that door, YouTube presents instructions on accessing video streams to everyone who comes asking for it.

Hours after the public access was restored, Sergey M, one of the maintainers of youtube-dl wrote on GitHub, “We would like to thank @github for standing up for youtube-dl and making it possible to continue development without dropping any features. We appreciate [GitHub] for taking potential legal risks in this regard. We would also like to thank [EFF] and personally [Mitch Stoltz] for invaluable legal help. We would also like to heartily thank our main website hoster Uberspace who is currently being sued in Germany for hosting our essentially business card website and who have already spent thousands of Euros in their legal defense.”

Hours after GitHub restored the public access to the repository, Stoltz tweeted “I think of youtube-dl as a successor to the videocassette recorder. The VCR empowered people to take control of their personal use of free-to-air video, but it had to be saved from the copyright cartel. The same goes for youtube-dl. GitHub did the right thing here.”

youtube-dl is used by thousands of people around the world. Multiple Creative Commons-licensed and public domain videos on Wikimedia Commons are uploaded via a tool called video2commons, which relies on youtube-dl to download media. youtube-dl also lets users download videos from LiveLeak — a video-sharing platform for citizen journalism. Videos downloaded using youtube-dl are also used for the purpose of fair use, or for evidence.

When a copyright holder chooses to release their work, be it a photograph, a video, or audio, under a Creative Commons Attribution (CC BY) license, they allow everyone to freely own, share or modify the work as long as the reusers properly attribute the author of the work. YouTube also hosts many audio and video recordings in the public domain which can be used for any purpose without any restrictions.

In the blog post announcing “youtube-dl is back”, GitHub said, “Although we did initially take the project down, we understand that just because code can be used to access copyrighted works doesn’t mean it can’t also be used to access works in non-infringing ways. We also understood that this project’s code has many legitimate purposes, including changing playback speeds for accessibility, preserving evidence in the fight for human rights, aiding journalists in fact-checking, and downloading Creative Commons-licensed or public domain videos.”

GitHub also announced any new 1201 takedown notices will be “carefully scrutinised by legal experts” to reject “unwarranted claims”, and said it will side with software developers if the claims are ambiguous. The announcement also mentioned GitHub Trust and Safety team would treat developer’s tickets as a “top priority”. GitHub also pledged donation of USD 1 million for developer defense fund “to help protect open source developers on GitHub from unwarranted DMCA Section 1201 takedown claims”.

GitHub had blocked public access to many forks of youtube-dl upon receiving the DMCA notice in October. At that time, Wikinews noted public access was not yet restored for the forked repositories listed in RIAA’s copyright notice and was still displays “Repository unavailable due to DMCA takedown”.

During the period when GitHub had disabled public access for the repository, Sergey M had been developing youtube-dl and hosting it on GitLab, another code-sharing and hosting site. However, since GitHub has restored public access of youtube-dl, Sergey M has made the GitLab repository private.

After this, Wikinews reached out to Richard Stallman, the founder of Free Software Foundation, who has been highly critical of DRM (digital rights management, the subject of the DMCA) for many years now, to discuss the harms of DRM and DMCA 1201.

Monday, September 29, 2008

The US House of Representatives rejected a bill on the USD 700 billion bail out of US banks. The voting on the bill has completed.

If passed, the bailout plan would have allowed for the United States government to purchase devalued mortgage backed securities, resulting from the subprime mortgage crisis from troubled financial institutions. The US Treasury Secretary Henry Paulson has said that the plan could cost up to $700 billion.

There has been considerable debate over several parts of the plan, which failed with 228 votes opposing, 205 supporting, and 1 not voting. The bill had much more support by the Democratic Party (with 60% of Democrats voting “aye”) than the Republican Party (of which only 33% voted for the bill).

George W. Bush described the bill before the vote was made. “This legislation deals with complex issues, and negotiators were asked to address them in a very short period of time. I appreciate the leadership of members on both sides of the aisle, who came together when our nation was counting on them. Negotiations are sometimes difficult, but their hard work and cooperation paid off,” he said, in a speech in which Bush begged politicians to support the bill.

Bush continued describing the bill. “The bipartisan economic rescue plan addresses the root cause of the financial crisis — the assets related to home mortgages that have lost value during the housing decline. Under the Emergency Economic Stabilization Act, the federal government will be authorized to purchase these assets from banks and other financial institutions, which will help free them to resume lending to businesses and consumers.”

According to BBC News, congressmen opposed the bill after receiving 50 times as many letters against the bill as for the bill. George Bush attempted to respond to the criticisms of the bill by US citizens. “I know many Americans are worried about the cost of the bill, and I understand their concern. This bill commits up to 700 billion taxpayer dollars, because a large amount of money is necessary to have an impact on our financial system. However, both the non-partisan Congressional Budget Office and the Office of Management and Budget expect that the ultimate cost to the taxpayer will be far less than that”.

Thursday, March 4, 2010

The United States announced the declassification of a portion of the Comprehensive National Cybersecurity Initiative, a major part of the US’s efforts to thwart cyber warfare, on Tuesday.

The announcement came at the RSA Security Conference in San Francisco, and was given by Howard Schmidt, who is the current US cyber-security coordinator, having been assigned the position in December.

While only a portion of the document was revealed at the announcement, and much remains classified material, including all material related to plans by the government for offensive cyber-warfare, the program has twelve parts, and has three main strategies:

• To create a defensive mechanism against immediate threats, as well as those possible in the near future;
• To create a defensive mechanism against a wide variety of threats, both present and future;
• To initiate efforts to strengthen future cyber-security efforts.

The program includes funding for numerous security measures, including the government’s controversial Einstein program, which scans all incoming communications to government-operated websites. The plan also mentions increasing security for classified networks within the government, as well as developing a government-wide plan for counter-intelligence work, although the declassified portions gave little indication as to what that would involve.

The program was begun by President George Bush in 2008 as a National Security Presidential Directive, and has been entirely classified until now. At its inception, it was intended to serve as a program to unify cyber-security efforts within the government and to develop other security programs for use nationwide. No budget has been released for the program, although estimates place the cost at $40 billion until 2015.

Wednesday, November 25, 2009

The prime minister of Israel, Binyamin Netanyahu, told a news conference earlier today that there will be a ten-month stop in the construction of new settlement housing in the West Bank. The Israeli cabinet approved the move by a margin of eleven to one.

“We have been told by our friends that once Israel takes the first meaningful steps towards peace, the Arab world and the Palestinians will follow,” said Netanyahu following the cabinet’s endorsement of the move. “Well, the government of Israel has taken a very big step towards peace today, and I hope the Palestinian and the Arab world will work with us to forge a new beginning for our children and theirs.”

The freeze was made “out of broad national interests with the aim of encouraging negotiations with our Palestinian neighbours,” he continued. “When the period of freeze ends my government will return to the previous policy of building in Judea and Samaria [the Jewish name for the West Bank].”

“This is a far-reaching and painful step […] We hope that this decision will help launch meaningful negotiations to reach an historic peace agreement that will finally end the conflict between Israel and the Palestinians,” Netanyahu later said.

Under the plan, construction permits for new residential buildings would be put on hold for ten months. The government said that “natural growth” — characterised by the construction of homes by young people, who were raised in the settlements and want to build houses for their own families — would be exempt from the freeze. Parts of the West Bank that Israel annexed to the Jerusalem municipality would also be excluded from the freeze. The building of schools and places of worship, which will enable settlers to live what Netanyahu described as “normal lives”, will also continue.

“We will not halt existing construction and we will continue to build synagogues, schools, kindergartens and public buildings essential for normal life in the settlements,” he commented.

The prime minister added that there would be no change to Israel’s existing policy on the issue of Jerusalem. “Regarding Jerusalem, our sovereign capital, our position is well-known. We do not put any restrictions on building in our sovereign capital,” he said.

Several members of the Israeli cabinet expressed their disapproval at the proposal, with the conservative, ultra-Orthodox Shas party boycotting the cabinet meetings.

“I think it’s a complete crumbling of Netanyahu’s position and is contrary to all of his electoral promises. He promised an end to unilateral steps, and here we see him after only a few months in office giving up, even though there is no reciprocity from the Palestinians,” said the head of the main settler lobby, Danny Dayan, to the Christian Science Monitor. We are 300,000 citizens, living in 150 communities. It is impossible to freeze us. I don’t how it will happen, but we will break this freeze.”

Many Palestinians also criticised the proposal, mainly because East Jerusalem was not included in the settlement freeze. Nabil Abu Rudeineh, a Palestinian spokesman, said to the Wafa news agency that Palestine “rejects returning to peace talks without the complete cessation of settlement activities in the West Bank and Jerusalem.”

Palestinian prime minister Salam Fayyad also rejected the plan. “The exclusion of east Jerusalem is a very, very serious problem for us. We are not looking for the resumption of the process just for the sake of it, for it to falter a week or two down the road,”

Israel captured East Jerusalem from Jordanian control, following Israel’s victory in the 1967 Arab-Israeli War. The Jewish state annexed that part of the city in a move that was not recognized by the international community.

Earlier this week, on a visit to Argentina, Palestinian President Mahmoud Abbas stepped up his campaign to put international pressure on Israel to stop building on lands that Palestinians say are their own. Abbas urged US president Barack Obama, as well as leaders of other nations that support Israel, to press the Jewish state to end its construction of settlements on occupied lands.

Netanyahu has in the past offered to restrain settlement growth, but today’s announcement was the first time that he set a clear timeframe.

Tuesday, April 27, 2010

Dale Ogden, a 2010 California gubernatorial candidate, talks with Wikinews reporter Mike Morales about his platform.

Ogden is a member of the United States’ Libertarian Party.

Friday, May 6, 2005

On Thursday the 22nd of March, 2005, Anna Ayala, a woman from Las Vegas, claimed to have found a human finger in her bowl of chili at a Wendy’s restaurant located at 1405 Monterey Highway, just south of downtown San Jose, California, owned by Fresno-based Jern Management.. The finger, which probably belonged to a woman as it had a long and manicured fingernail, did not belong to any of the restaurant employees. The food supplies were seized by officials to be traced back to its manufacturers, while the restaurant was permitted to open again later with chili prepared from fresh ingredients.

Wikinews reporter David Vasquez drove his car up to the drive-thru menu and found that chili was still on the menu, at a price of US$1.19 for a small serving. He also witnessed workers unloading supplies from a semi-trailer truck in the restaurant’s parking lot, and carting them into the back door of the establishment.

Initially, county health officials said Ayala was fine and the finger had been cooked, which would have killed any bacteriae in the finger. However, on March 27, officials admitted they were not so sure anymore. Tests were done on the finger to determine this. Dr. Martin Fenstersheib, Santa Clara County’s health officer, said that even if the finger was still raw when Ayala bit into it, the risk was low that she would have become infected with anything. However, he advised that Ayala should undergo a series of precautionary follow-up tests.

Sales at Wendy’s went down because of the incident. Wendy’s International, Inc. (WEN) closed at US$39.43 on Thursday the 22nd, and as the stock exchange was closed for the Good Friday holiday, traders did not weigh in the stock until the next Monday.

By Tuesday the 5th of April, officials had still not succeeded in tracking down the owner of the finger. The fingerprint on the detached digit has been run through an FBI database as well as the local criminal database in Santa Clara County, but no matches were found. According to Rich Reneau, who was leading the investigation at the time, the fingerprint was marginal, and the likelihood of finding a match was slim.

Wendy’s stock did not go down significantly and was trading at US$39.37 that morning.

The next day, on Wednesday the 6th, Las Vegas police searched the home of Anna Ayala. About a dozen officers conducted the search at Ayala’s home at Maryland Parkway and Serene Street at about 4 p.m. local time (23:00 UTC), according to witnesses at the scene. Ayala and other residents were handcuffed and brought out of the house. Ayala said that her teenage daughter, Genesis Reyes, had torn shoulder ligaments as a result of the search. The Las Vegas Review-Journal ran a photo of Reyes wearing a sling in their Friday edition. In San Jose, police spokeswoman Gina Tepoorten confirmed to reporters that investigators had served the warrant in cooperation with Las Vegas police on Wednesday, but she refused to reveal specific details about the warrant. By that time, Wendy’s was offering a US$50,000 reward for information leading to the source of the finger.

Research by the Associated Press uncovered Ayala’s history of lawsuits. Ayala successfully won her suit for medical expenses against the national El Pollo Loco chicken-chain, a previous employer, after her daughter Genesis contracted salmonella poisoning, allegedly from eating at the restaurant. However, Ayala lost another suit against General Motors in 2000 claiming that a wheel fell off her car. She also started a sexual harassment suit against her former boss in 1998. A total of 13 lawsuits in California and Nevada had been filed. Ayala replied the focus should be on Wendy’s, and not her record of law suits. Nick Muyo, a spokesman for the San Jose Police department, said not to expect new information in the case for at least a week.

On Wednesday the 13th there was a potential new lead in the investigation. A spotted leopard had torn off part of a finger from an owner of exotic animals, Sandy Allman, in Pahrump, Nevada. The portion of Allman’s torn off finger was approximately the same size – 1 1/2-inches long. Pahrump is approximately 45 miles away from Las Vegas. Carol Asvestas, who owns an exotic animal sanctuary, told the San Jose Mercury News she witnessed the leopard tear off the finger. She reported the incident to a hotline run by Wendy’s offering the US$50,000 reward. Cindy Carroccio told the San Jose Mercury News that the finger was not reattached, and that the clinic “gave it back to her (Allman) in a little bag of ice.” On the same day the lead was announced, Ayala decided to drop her lawsuit against Wendy’s, due to emotional stress.

However, when Allman’s prints were sent to San Jose police, they didn’t match. Two days later, on Friday the 15th, Wendy’s doubled the reward to US$100,000. The company revealed that employees had passed polygraph tests. Wendy’s continues to claim that there is no evidence that the finger ever entered their supply chain, pointing to a lack of any accidents among the workers at their suppliers. Wendy’s tip line had received reports from across the United States, from “folks who either have lost a finger, or know somebody who lost a finger,” San Jose police Sgt. Nick Muyo told the Associated Press.

On Thursday the 21st of April, Anna Ayala was arrested at or near her home in Las Vegas on Thursday evening, in connection with the case, shortly after Wendy’s finished its own internal investigation. According to court documents, she has been charged with one count of attempted grand larceny related to the chili case, and one count of grand larceny in an unrelated real estate deal, and is being held without bail in Clark County, Nevada, pending extradition. A press conference by the San Jose Police and Wendy’s was held on Friday, April 22, at 13:00 PDT. The charge related to the case states the finger could not have been prepared at Wendy’s, where the chili is heated to 170 degrees for 3 hours. There is also an inconsistency in Ayala’s account of finding the finger and claiming it caused her to vomit compared with police saying there was no vomit at the scene. The incident has caused Wendy’s 2.5 million dollars worth of damages, which Ayala could be criminally responsible for. Until recently, the San Jose police had not accused Ayala of planting the finger herself.

The unrelated charge stems from an incident, also in San Jose, when Ayala allegedly received an $11,000 down payment on a mobile home she did not own.

Ayala was incarcerated at the Clark County Detention Center, awaiting a fugitive review hearing on Tuesday, April 26, 2005, at 7:30 a.m. local time. She was processed and given inmate ID 01964047. Her case number was 05F07229X. Ayala waived extradition at the hearing, and her attorney said they were ready to come to San Jose to defend against the charges.

On Friday, May 6, 2005, Ayala was transported to San Jose, California. Ayala was booked into the main Santa Clara County jail, and is awaiting arraignment. Ayala will likely be arraigned on Monday or Tuesday at the Santa Clara County Superior Court, according to Santa Clara County Deputy District Attorney David Boyd.

On September 9, 2005, Ayala plead guilty to conspiring to file a false claim and attempted grand theft, and will be sentenced on November 2, 2005. She faces up to ten years in prison, and her husband faces up to 13 years behind bars.

Until the middle of May, the owner of the finger still had not been found.

But on May 13, 2005, police announced that they had identified the finger tip as belonging to an associate of Ayala’s husband [1]. The associate had lost his finger tip in an industrial accident at an asphalt company[2] in December, 2004. Police had received the information from an undisclosed caller to Wendy’s hot-line.

Photos related to this incident:

• The Wendy’s location where the finger was discovered, shortly after closing time March 22

• Chili was still on the menu as the restaurant closed for the evening on March 22

• Workers unload fresh supplies after closing time on March 22

• The Wendy’s location on March 27

• Ayala residence in Las Vegas, Nevada, shot on April 22, 2005 by Wikinews contributor David Vasquez

• Note on Ayala residence door, photographed on April 22, 2005 by David Vasquez

Wednesday, September 5, 2007

A Proton rocket which was intended to launch the JCSAT-11 satellite into a geostationary transfer orbit lifted off and successfully completed its first stage burn, but the second stage failed leading to loss of the rocket and satellite.

The launch vehicle was a Proton M booster with a Breeze M upper stage. More than 300 Proton rockets have been launched, all from the Baikonur Cosmodrome in Kazakhstan. Following the launch failure, Kazakhstan suspended the launch of Proton rockets from Baikonur, Interfax news agency reported.

JSAT Corporation immediately placed an order with Lockheed Martin, the satellite manufacturer, for an identical replacement satellite based on the A2100AX design.

Sunday, May 18, 2008

An HIV-positive man was sentenced to 35 years in prison Wednesday, one day after being convicted of harassment of a public servant for spitting into the eye and open mouth of a Dallas, Texas police officer in May 2006. The United States Centers for Disease Control and Prevention says that no one has ever contracted HIV from saliva, and a gay-rights and AIDS advocacy group called the sentence excessive.

A Dallas County jury concluded that Willie Campbell’s act of spitting on policeman Dan Waller in 2006 constituted the use of his saliva as a deadly weapon. The incident occurred while Campbell, 42, was resisting arrest while being taken into custody for public intoxication.

“He turns and spits. He hits me in the eye and mouth. Then he told me he has AIDS. I immediately began looking for something to flush my eyes with,” said Waller to The Dallas Morning News.

Officer Waller responded after a bystander reported seeing an unconscious male lying outside a building. Dallas County prosecutors stated that Campbell attempted to fight paramedics and kicked the police officer who arrested him for public intoxication.

Prosecutors said that Campbell yelled that he was innocent during the trial, and claimed a police officer was lying. Campbell’s lawyer Russell Heinrichs said that because he had a history of convictions including similarly attacking two other police officers, biting inmates, and other offenses, he was indicted under a habitual offender statute. The statute increased his minimum sentence to 25 years in prison. Because the jury ruled that Campbell’s saliva was used as a deadly weapon, he will not be eligible for parole until completing at least half his sentence.

The organization Lambda Legal (Lambda Legal Defense and Education Fund), which advocates for individuals living with HIV, says that saliva should not be considered a deadly weapon. Bebe Anderson, the HIV projects director at Lambda Legal, spoke with The Dallas Morning News about the sentence. “It’s been 25 years since the virus was identified, but there are still lots of fears,” said Anderson.

The Dallas County prosecutor who handled the trial, Jenni Morse, said that the deadly weapon finding was justified. “No matter how minuscule, there is some risk. That means there is the possibility of causing serious bodily injury or death,” said Morse. Dallas County District Attorney Craig Watkins stated: “If you look at the facts of this case, it was clear that the defendant intended to cause serious bodily injury.”

A page at the CDC’s website, HIV and Its Transmission, states: “HIV has been found in saliva and tears in very low quantities from some AIDS patients.” The subsection “Saliva, Tears, and Sweat” concludes that: “Contact with saliva, tears, or sweat has never been shown to result in transmission of HIV.” On Friday the Dallas County Health Department released a statement explaining that HIV is most commonly spread through sexual contact, sharing needles, or transfusion from an infected blood product.