Xmader可能会被驱逐 2049

https://www.solidot.org/story?sid=68349

Xmader2047

Xmadergithub

旗下拥有多个开源音频应用如 Audacity、musescore-downloader和 MuseClass 的 Muse Group 再次在开源社区引发了争议,这次涉及的应用是 MuseScore。MuseScore 应用本身采用 GPLv3 授权,允许任何人创建分支和修改,它让音乐家可以创建、共享和下载乐谱。它提供的乐谱有的是公有领域,有的是知识共享,但还有很多是版权所有,是商业性的,需要付费。一位华裔开发者 Wenzheng Tang (aka "Xmader" ) 创建了 MuseScore 的一个分支,但很快停止更新,他引起 Muse Group 注意的是创建的另外两个应用 musescore-downloader 和 musescore-dataset 允许使用者绕过订阅下载乐谱,其中包括版权乐谱。MuseScore 开发者去年 2 月要求 Xmader 下架这两个应用,威胁将其信息通过律师转交给中国政府。今年 5 月此事再次引发关注,MuseScore 开发者承认如果提起刑事诉讼 Xmader 可能面临驱逐,可能面临驱逐,开发者表示他年轻聪明但有点天真。

4
7月22日 442 次浏览
11 个评论
thphd 2047站长

建议双方和解。

Xmader留在日本,未来对世界的贡献会很大,把他遣返回中国则是全世界的损失。

初商末未
通音宽依 “我支持初商末未,你们锦侬卫可以打我了!”

MuseScore 开发者去年 2 月要求 Xmader 下架这两个应用,威胁将其信息通过律师转交给中国政府。

看来要等Tenacity出炉后避雷Audacity了:

著名开源免费跨平台开源音频编辑器 Audacity 今年早些时候被 Muse Group 收购,它最近更新了隐私政策,表示可能会按执法机构、诉讼和当局要求收集必要的数据。一个不联网的音频编辑器去收集“必要的数据”,引发了 Audacity 变成间谍软件的担忧。Audacity 开发者在其 GitHub 项目上澄清,称它收集的数据非常有限,主要是 IP 地址和基本系统信息,以及可选的错误报告,表示正与律师团队合作修改隐私政策更明确的阐述这些观点和意图。已经有人创建了 Audacity 的分支,不收集任何数据。——https://www.solidot.org/story?sid=68206

observerEDGE 始终坚持图书馆革命

虽然不懂,但是我还是要说太君在版权方面真的,说不好本身也是好事,说好吧。。。

很难不去讨论讨论支那国的闭关锁国的文化政策。

solids Ñøñë

全 文 背 诵

https://archive.vn/d2NZm (原文已被 Daniel Ray 删除)

I think he was just trying to be nice. He wouldn't have suggested an in-person chat or gone along with one if he knew you wouldn't be comfortable with it. Yes, some of the company's actions have been questionable, but their employees are still human and there is no need to hound them down for suggesting an in-person meetup. Please don't dehumanise these employees, they seem like nice reasonable people, especially making time to speak with a freelance journalist.

Thanks for injecting a more human element to this discussion. There is actually quite a bit more to this story here than most people realize.

I'll try to explain.

Wenzheng Tang (@Xmader) is actually violating the law with both repositories related to MuseScore, one of them a rather severe violation.

This repository violates 17 U.S. Code § 1201 - Circumvention of copyright protection systems.

Another repository of his, musescore-dataset, has far more serious implications as it may be considered willful infringement with criminal intent (see: 17 U.S. Code § 506 - Criminal offenses). That repository is actually illegally distributing copyrighted works licensed to MuseScore by major music publishers. That such distribution is considered copyright infringement on a massive scale (hundreds of thousands of works) is unambiguous. This purpose does not meet the four necessary requirements for fair use claim according to Section 107 of the U.S. Copyright Act.

Those factors are:

  • the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  • the nature of the copyrighted work;
  • the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  • the effect of the use upon the potential market for or value of the copyrighted work.

Further explanation of the four factors can be found in this article - The Fair Use Exception.


To provide further context, it is important to understands that 100% of all rights to transcription or arrangement of a copyrighted work belong to the rights holder, regardless of who performed the transcription or arrangement. This is a point of great confusion for many. Further explanation of this topic can be found in the following article - No, You Don’t Own Your Arrangement of That Hit Song.


So, if it is such a clear violation, it should be quite easy to get this taken down, right? Why hasn't this repo been taken down yet? Simply put, the actual process of requesting the take down and proving violation would have severe implication on Wenzheng Tang, so I have hesitated in the hopes he would simply choose to take it down himself.

I'll explain why...

Upon further investigation, it became clear that Wenzheng Tang is a Chinese national, but not resident in China. As a guest in his current country, his residency status is predicated on a number of conditions, one of which is not violating the law.

If found in violation of laws, residency may be revoked and he may be deported to his home country.

This becomes even further complicated given another repo of his - Fuck 学习强国, which is highly critical of the Chinese government. Were he deported to China, who knows how he may be received.

While under normal circumstances, he could apply for asylum in order not to be deported, but this option is extremely limited when found in violation of the laws of the country you are a guest in.

And though the laws cited above are in reference to US law and he is neither a resident or national of the US, this is simply the starting point as the initial distribution is through Github, which is a us company and the copyrights in question are US copyrights. There are treaties between countries that would allow this to then be extended to his country of residence in accordance with their own laws (I do not mention which country out of courtesy or any other details such as the basis of residency out of respect for personal privacy). So, both repositories remain up, for now, not because we are powerless to take it down... it is that the process of exercising this power could very literally ruin the actual life of another person.

At the same time, the company is legally obligated to enforce violation of copyrighted works licensed to them. There will soon come a time where hesitation is no longer possible. But do keep in mind that enforcement may also come from any one of the rights holders of the hundreds of thousands of copyrighted works illegally distributed at any time. It is unlikely that any others will be as empathetic. As you can see, there is far more to this story than what may be assumed by the external observer.

So, Wenzheng Tang (@Xmader), I'm writing this entire post here not as a representative of any company or entity, but just human-to-human to strongly encourage you to remove both repositories and move on with your life.

The LibreScore project is fully within your right as MuseScore is GPL, and is even encouraged, but I would suggest you remove any reference to registered trademarks.

What I have described in this post is not at all a threat, but an informed assessment of your own personal legal risk.

You are young, clearly bright, but very naive. Do you really want to risk ruining your entire life so a kid can download your illegal bootleg of the "Pirates of the Caribbean" theme for oboe?


alter: https://rentry.co/workedintheory

( 由 作者 7月22日 编辑 )

MuseScore 开发者承认如果提起刑事诉讼 Xmader 可能面临驱逐,可能面临驱逐,开发者表示他年轻聪明但有点天真。

你説的是這個

根據這個,情況是

After @workedintheory's threat to Xmader, an anonymous MuseScore user shared with me the following statement from David, the "Chief Product Officer at Musescore BVBA":

The user is responding is not a part of musescore.com team, but he is working in the company (I mean @workedintheory).

I saw some complaints about his behavior, but after reading all the thread, I don't see any unacceptable things (maybe I just didn't notice).

User called (Xmader) abused our API, create the pirate browser extension, and also stole some scores. We put a lot of effort to neutralize his code, and spent a lot of $ and time for this. His actions are total copyright infringement. So I suppose none of us should worry about his feelings.

所以説musescore團推整體態度並不算友好;他們的意思是可以采取法律措施强制xmader下架應用,但是采取法律措施的同時,xmader可能會被驅逐。這句話既是一個事實,但是也有威脅的意味在裏面。

如果xmader真的鐵了心要下架xmader的repo,建議起訴GitHub而不是xmader。

@Truth #149280

I don't see any unacceptable things

  • 雇员 Daniel Ray 先生以人身安全威胁其删除仓库(并所有 fork)。
  • Muse Group 要求 Audacity 贡献者签所谓 Contributor License Agreement,条款 违反 GPL。

The CLA also allows us to use the code in other products that may not be open source

  • 增加追踪器和分析, turn free software into proprietary spyware.

https://github.com/audacity/audacity/discussions/1225

还用说更多吗?

@solids #149282

這確實,我沒有否認你説的這些。

你説的是這個吧

根據這個,情況是

不是表示對前面的否定而是進一步説明。

爱狗却养猫 基层公务员,收入两千九,今年三十六,未婚有女友

…………建议Xmader以自身安全为重;还有有可能的话,请一个好律师。

图书馆革命🌈
libgen 天堂应该是图书馆的模样。一个阅读诗歌的人要比不读诗歌的人更难被战胜。创造是一种拯救。创造拯救了创造者本身。

@爱狗却养猫 #149363 在最新置顶的issue里,Xmader回复:

Rather than money, more importantly, I need good lawyers for copyright, immigration status / status of political refugee

下面有人建议联系EFF了,开源社区是支持Xmader的。

Xmader发布了musescore-downloader新版本

@libgen #149491 Glad to see that he is getting some support from the community. He is so talented and I don't want him to be another Aaron Swartz.

我靠。我今天才知道这位也是fuck学习强国的作者?

需要请律师吗?需要大家筹钱吗?如果真的需要有众筹的入口吗?

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