this post was submitted on 21 Oct 2023
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Piracy: ꜱᴀɪʟ ᴛʜᴇ ʜɪɢʜ ꜱᴇᴀꜱ

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submitted 10 months ago* (last edited 10 months ago) by [email protected] to c/[email protected]
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[–] [email protected] 115 points 10 months ago (2 children)

Saw this pic floating around.

[–] [email protected] 86 points 10 months ago (1 children)
[–] [email protected] 10 points 10 months ago

Thanks!

The picture was shared on other social media sites, I did not see it mentioned in Lemmy or similar.

[–] [email protected] 13 points 10 months ago (1 children)

Their obvious solution to this is make you consent to it or you can’t use YouTube.

[–] [email protected] 25 points 10 months ago* (last edited 10 months ago) (3 children)

which isn't GDPR-compliant. you can't force people to accept tracking if the service doesn't require it to work.

[–] Nythos 15 points 10 months ago (1 children)
[–] [email protected] 7 points 10 months ago* (last edited 10 months ago)

Meanwhile in my country (New Zealand), privacy laws are slowly being eroded and government spying and censorship is increasing.
I wish we had GDPR.

[–] LudwigvanBeethoven 1 points 10 months ago

common EU W

could some of you big brain people try and talk to the idiots who shout "BRÜSSZEL" at every issue here (Hungary)?

[–] [email protected] 0 points 10 months ago

Does it count as tracking though? What private or personal data is it? I’d also say that it’s at the very least grey area since all they’re doing is trying to prevent people from using their service in unintended ways, ie without ads.

[–] [email protected] 36 points 10 months ago* (last edited 10 months ago)

I would recommend people read the IAB ad blocker detection guide for Europe which provides a good summary of what is possible. It lays out the that depending on how the detection is done it might be defensible to rely on ToS, and to remove all risk, implement a consent banner, wall, or both.

Which is to say, even if it was ruled that YouTube can't rely on ToS, which I don't think is a sure thing, they would just have a consent wall like for cookies.

[–] [email protected] 29 points 10 months ago

Unfortunately it did not stop them from trying over here

[–] [email protected] 18 points 10 months ago

You can send your own complaint here:

https://forms.dataprotection.ie/contact

[–] [email protected] 17 points 10 months ago* (last edited 10 months ago) (2 children)

I'm not in a position to look into it right now, but is there a part of the EULA that gives consent to detect ad blockers, and would that be good enough for the law referenced?

[–] [email protected] 57 points 10 months ago

Probably not.

A contract term that is illegal under local laws cannot be enforced.

If the process they are using to detect adblockers breaches EU laws, they cannot use the EULA to allow them to break the law.

[–] [email protected] 47 points 10 months ago

No, consent can't be hidden in tos

[–] [email protected] 11 points 10 months ago

antiblick

We in South Africa rn?