I know my gut reaction to all things IP and copyright (and US) law causes me to lose all rationality, but I'd imagine there's a case to be made that test code is exempt through fair use. I don't think it could be made in this case for the reasons you highlight, but in general as long as the offending tests are a small part of the whole they should be considered separately to the actual code. Like if all my test cases are cracking some DRM then a takedown is probably fair enough, but if I'm using 3 out of 70 plus tests to make sure I handle some YouTube specific algorithm in my tool to download YouTube content then the actual videos I use don't seem relevant. But I get why legally its going to be a huge issue. I just wonder if there might be some case in future where test vs library code is a factor.
Edit: for example in the situation where one of their other tests just downloading a normal video used a copyrighted example instead of a CC example that shouldn't be any different, the content is irrelevant due to it being a test case, it could be any licence, it's just a test, the intent of a test should count.
I know my gut reaction to all things IP and copyright (and US) law causes me to lose all rationality, but I'd imagine there's a case to be made that test code is exempt through fair use. I don't think it could be made in this case for the reasons you highlight, but in general as long as the offending tests are a small part of the whole they should be considered separately to the actual code. Like if all my test cases are cracking some DRM then a takedown is probably fair enough, but if I'm using 3 out of 70 plus tests to make sure I handle some YouTube specific algorithm in my tool to download YouTube content then the actual videos I use don't seem relevant. But I get why legally its going to be a huge issue. I just wonder if there might be some case in future where test vs library code is a factor.
Edit: for example in the situation where one of their other tests just downloading a normal video used a copyrighted example instead of a CC example that shouldn't be any different, the content is irrelevant due to it being a test case, it could be any licence, it's just a test, the intent of a test should count.