I'm looking for some advice. I'll keep it short. There's a site called Skill Capped[1]. They have videos that help you get better at the competitive video game League of Legends. You can pay monthly for access to these videos. I subscribed and quickly found their site to be unusable. They have about 1000 videos which are organized into groups called courses. Their website has no search bar, and uses a single-page design with lazy loading. In practice means that CTRL-F in-browser search doesn't work (because of lazy loading and windowing/virtual lists), so there is absolutely no way to search the site without programming knowledge. The website altogether is very hard to navigate.
In response I created a thin wrapper around their site called Better Skill Capped[2]. It's a React web app with no backend. It has basic search and filter functionality. It also contains deep links to download the videos that Skill Capped offers which allows for me to watch in VLC and on my phone. It's very convenient, so I shared it with other subscribers. I don't monetize or plan to monetize the site in any capacity.
The owner of the site reached out to me and claimed that I'm committing copyright infringement by allowing anyone to click these links and access their videos without paying. All I do is link to the .m3u8 files stored on their server. There's nothing more going on. As far as I know this is completely legal.
While I don't wish for my site to be used to circumvent paying for their content, I also don't believe that I'm doing anything wrong here. I want to provide a better experience for those using the original site, and a download button is a part of that.
So, in summary, is deep linking to a video hosted by another site at all illegal? Is anything that I'm doing here illegal/immoral?
[1] https://www.skill-capped.com/lol/browse
[2] https://better-skill-capped.com/
Now regarding whether what you are doing is legal or not, I think it depends entirely of how you’re retrieving those URLs and if they can really be interpreted as being “public”. Are you “figuring out” the urls or are they simply there hidden in their front-end source?
In any case, he is the owner of the videos so he definitely has a legal ground to claim that what you’re doing goes against his copyrights, mostly because you’re facilitating some circumvention of whatever he has in place to keep them invisible to non-paid users.
I think what would be totally fair game is for you to put the source code in GitHub and let anyone run a version of your React App but INAL, so don’t take my word on it.
In any case, the owner should be more worried about to protecting his videos through a proper authentication system and not so much about the one guy who wrote a wrapper around his crappy website.
Just to be clear, I believe the owner is totally in his right to protect his creative work in any way he deems appropriate. I’m just baffled by the idea that his first instinct isn’t to fix the root cause of the issue.
You created a website that clearly utilizes the company's name and offers their product, which you acquired in a devious manner, for free.
What is ethically unclear about this situation?
The fact that it's publicly-accessible is irrelevant. If I leave my front door unlocked, does that give you a right to rob my house?
Those links are provided to paying customers. By sharing them to non paying customers you are effectively breaking their digital rights management of their content (as awful as it is). Thus they are fully within their right right issue you a cease and desist and follow up should you fail to obey.
Again. Not a lawyer. Consult a proper one before you take any action.
So yeah, in my opinion what you're doing is definitely immoral, but whether it's illegal or not doesn't really matter, because you just need them to have a reasonable case to force you into expensive court proceedings. If this site is just for your convenience, why publish it publicly anyway?
You almost certainly have broken the law, as best I can tell from your responses to comments below. You may have violated the Computer Fraud and Abuse Act and other state laws. More to the point, if you're asking whether something is or isn't illegal, you should recognize that you're really asking if you'll win in court. 1) No one can answer this question for you definitively in all but the most cut and dry cases and 2) do you really want to go to court over this?
Get a lawyer. Take the links down.
As for the legal warning, I feel like their lawyers are about as competent as their web designers in that regard.
But, that all said, is this _really_ the hill you want to die on? They can be wrong and still cost you a fortune.
Yes, you're using the same or similar name and that may confuse users (trust me, more often than not users are [very] easily mislead [- ever heard of dark patterns?]). You can do what you're doing but you need a new and different name and the same about its content applies - the videos, images, aesthetics or whatever from the original one. That way you'll be competing against them, until then you're just outright stealing everything or impersonating from them.
Next time you want to do something like this approach the site owner and ask them if they are interested in a new visual or whatever and show them your prototype (make sure it's either private or password protected). If so you might even earn some money.
Lets say you were doing the same thing to any big company that host premium video content like Netflix (if they didn't had security mechanisms), you would be likely to get sued.
Why would anyone pay for their service if they can access it for free with your website?
Then you’re more of an “affiliate” as opposed to a thief.
“Derived” urls from publicly available JSON? BS because the only way you knew the right URLs in the first place was probably by comparing the JSON to the paths of the videos you already had access to thru your subscription. You used private information you had as a subscriber to identify their file pattern. That is not public information.
I looked at the JSON link you provided and there were no direct paths. You definitely templated those urls together with insider knowledge.
I think there is an argument to be made from both sides. On one hand, they are providing public URLs and they are the ones who should implement security mechanisms in order to avoid what you are doing with their content. There is also precedent regarding web scraping (which is not exactly what you are doing, but some arguments still apply). [1]
On the other hand, just because you attribute ownership to them in regards to their content, it does not mean you are not infringing copyright.
Understand that their website, terrible as it may be, is apart of their product. Browsing on their platform is apart of their business and they can argue you're taking that away by aggregating privledged links on your own website.
Also understand it doesn't matter if you're legally right or not. They probably have more money than you, and defense of a case is a minimum 80k. You would have years of back and forth and a judge that doesn't understand tech doing summary judgement. U.S. civil system is entirely broken.
You know they charge for a product and you’re taking their product and giving to people who don’t pay.
You have a first amendment right to type strings on your web site.
The target of the links has the right to respond to them as it wishes (e.g. looking at the referrer link and put up a 404 or whatever response they wish).
They could also list their pages in a robots.txt which you should be kind and respect.
BTW: good work! Sorry it came to this.
I would comply. I would stop helping them by providing the service, as soon as humanly possible.
On its place, I'd show the scary letter, verbatim, and an explanation that, due to the scary letter, I am no longer willing to help Skill Capped by providing the service.
While at it, if at all possible, I'd suggest people just unsubscribe from Skill Capped.
I would also link some resources on the evils of recurring payments in general, for added damage.
In short, fuck them. You've wasted enough of your time and effort already. They don't deserve your help.
Quote:
Deep Linking: The most straightforward case is so-called "deep linking," which refers to placing a link on your site that leads to a particular page within another site (i.e., other than its homepage). No court has ever found that deep linking to another website constitutes copyright or trademark infringement. Therefore, you can link to other websites without serious concerns about legal liability for the link itself, with the exception of activities that might be contributory copyright infringement or trafficking in circumvention technology (discussed below).
From: https://www.dmlp.org/legal-guide/linking-copyrighted-materia...
https://en.wikipedia.org/wiki/Copyright_aspects_of_hyperlink...