Mega Launch Video Removed From YouTube By Music Rights Outfit

enigmax
January 24, 2013
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GEMA,
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In yet another bizarre twist to the Mega story, for the second time in less than two years a video belonging to Kim Dotcom has been booted offline following an apparent bogus copyright infringement takedown request. After the video of the Mega launch party was taken down by music rights group GEMA overnight, Dotcom says the German outfit will be hearing from his lawyers.

Despite his site Megaupload sitting on the hit-list of the United States government, in 2011 Kim Dotcom managed to release a promotional video featuring some of the biggest names in pop music.

The track, known as Mega Song and produced by Printz Board and Kim Dotcom, featured huge recording artists including P Diddy, Will.i.am, Alicia Keys, Kanye West, Snoop Dogg, Chris Brown, The Game and Mary J Blige. These and many others were doing the unthinkable in their labels’ eyes – singing the praises of Megaupload.

But just a few hours following its release with the catchy and strangely addictive track still cycling endlessly in listeners’ ears whether they liked it or not, it was all over. Universal Music pressed the nuclear button and had the song removed from YouTube on copyright grounds.

With Dotcom threatening legal action the song was reinstated and eventually the controversy faded away with the video going on to pick up millions of views. In the end Megaupload withdrew their case against Universal, deciding that further legal action would prove a distraction against the backdrop of much bigger issues the company faced following the January 2012 raids.

But then, just a few hours ago and following the Mega launch party last weekend, Dotcom must’ve felt it was déjà vu all over again. Overnight yet more of his own content has been booted offline in what appears to be another example of overreaching conduct by copyright owners. So what’s the problem now?

On Sunday, to a worldwide audience of millions, Dotcom’s new site Mega held its launch party. As expected it was a loud affair featuring several musical performances from both local artists and Dotcom himself.

The whole thing was broadcast live on the web and later uploaded to YouTube for posterity but by this morning it was gone, a victim of a copyright takedown.

“Incredible: The GEMA in Germany took down our #Mega launch press conference video from Youtube for copyright claims,” Dotcom announced this morning.

In a message to the music rights group, Dotcom expressed disbelief.

“Dear GEMA, all songs in the #Mega press conference are my content. And the artist who performed LIVE gave us permission. WTF?” he said.

GEMA itself has a long-standing copyright dispute with YouTube which has forced many videos offline for German viewers. Running for more than three years already, two weeks ago GEMA announced that it had pulled out of its latest round of talks with YouTube on resolving their differences. However, during the takedown period last night, German YouTube users said they could still access Mega’s content.

In the meantime, Dotcom has come out fighting to get the launch video back online.

“I filed a counter-claim with Youtube and the video is back online. GEMA can expect mail from our legal team. Copyright madness,” Dotcom concludes.

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Follow @torrentfreak

Déjà vu

awwwwwwwwww GEMA are pissed.

This makes me smile.
- http://twitter.com/SpitefulBlonde Zwan
  
  pfft google are twats. shouldn’t give these idiots the ability to do this.
  
  Lots of much smaller companys and channels get nabbed by this type of shit.
  
  Google are the laziest and most dysfunctional company I know.
  - Steve Smith
    
    Only way Google won’t be in hairs of lawsuits. I bet Google hates it more then anyone.
    - http://twitter.com/SpitefulBlonde Zwan
      
      they are close to a lawsuit regardless what move they make.
    - http://pulse.yahoo.com/_FCNK7C55CBUYFVSC5LNWKB322E Buglord
      
      if both sides of a line will kill you, better make sure you follow the line.
    - Chewy
      
      oh shit
    - djnforce9
      
      No matter what Google does, the MAFIAA will simply demand more and more and the only people that lose out include Google and their users. The MAFIAA is a plague that needs to be cut off and the sooner, the better.
    - Anon
      
      The botnet makes calculated decisions based on the probability of it’s success. The botnet isn’t capable of feelings such as hate.
    - joexxx
      
      Google can afford to be in crosshairs. If Mega wants to sue them, let them. We’ll see how that goes… hehe.
      All Google needs to do is require proof of copyright.
    - Mouseanony
      
      You need to get out more then. Try ACER, Dell, Microsoft and others. When was the last time others stood up for you? Google has its flaws but they’re far from being idiots.
    - http://profile.yahoo.com/V6MAVVVBC23RLJZLHBV3YA3ABY Rutherford
      
      Google, not too big to fail?
  - The Guy
    
    Smaller companies and channels get nabbed by this type of shit because corporations have the chronic mindset of “This company or channel is fairly small and less likely to fight back, let’s drop the copyright bomb on them and enjoy no repercussion.”
    
    It’s just retarded.
    - Timo
      
      Greed makes you lose your head (mind)….
  - Guest
    
    Google is*
  - Anonymous
    
    Hardly surprising from Google, after the first incident. Why keep sticking your fingers to a fire instead of using something else?
  - narg
    
    And, you have a better idea? Any other method would mean zero content on the web. Zero. Get a clue.
- Guest
  
  They’re not pissed. They’re just doing their job of being the most stringently unfriendly, muleheaded, disrespectful department of the RIAA’s international in-bred cousins.
  
  It’s like being a prostitute that gives the best rimjob. Good at what you do, even what you do is really shitty.
- JordanKratz
  
  Great Enema Massive Asses !
- bobmail
  
  You don’t think that Fat Kim intended this? Everything he does is to keep the sheeple’s attention.
Guest

GEMA?

More like

Grumpy Excruciatingly Massive Assholes.
- horses are not for sex
  
  Greasy Equestrian Molestation Association ?
  
  That horse in their logo looks like a dirty sex toy
  - http://profile.yahoo.com/V6MAVVVBC23RLJZLHBV3YA3ABY Rutherford
    
    Like a cock ring with feathers… and some beastiality thrown in for good measure.
cupid_stunt

Germany and you tube are like, not working together at all?. i have to use a proxy just to be able to watch Shaun the sheep on it. every man and his dog knows this here and all circumvent it as a matter of course.not defending mega, just saying this is really not news at all, and i still have not received my account mega, get your finger out or at least mail me back for christ’s sake, or i will complain to the mpiaa or hadupadick up the arse
- 2013sUxAlready
  
  And not only that my fellow tuber. You have to use a VPN to access ALL search results. Because YOUTUBE filters search results based on IP. Thas right. I have not coma across a video that was blocked when using direct search function however if I find a video in a sidebar that contains a LINK or something in the description that leads to blocked content I get the usual banner that a certain cocksucking media outlet has blocked the video in my region… and it is not the GEMA. However both parties are twats in my eyes. Youtube makes money off of ads, gema leeches artists and gives out huge sums to the TOP media labels. HAHA the fucked up thing is… the labels get money from youtube AND GEMA… I don’t want to live on this planet anymore !
- ITakeAPotatoChipAndEatIt
  
  Your email may have been blocked by the email provider, this is what happened to me, ended up having to use my Gmail to sign up.
http://profile.yahoo.com/ZMZBHO6XDQEWLGUCC73KMFK3XE briand

I uploaded this video to a file host so this would not happen LOL

You can still see it here https://www.youtube.com/watch?v=e2HwRM9eBCs
Steve Smith

Funny how all these media companies scream they need more power to protect their content yet the power they got now. They use it and abuse it to their own ends with 0 repercussions, if they want more power provisions need to be added to make them responsible to say 150k per offense sounds like a good starting which can be higher based on repeat offenses.
http://echavez74.myopenid.com/ CiEZ

GEMA’s bunghole hurt’s!
- Slyborg
  
  Then swallows horse cum…
Violated0

Once again DMCA & EUCD law show their true face being one of rampant censorship of lawful content for various reasons including commercial competition.

The only way to stop GEMA and others from doing false censorship is to put their nuts in the vice and to turn the handle. Or in other words to hit them in the money with an automatic fine for issuing a false take down request where the fine should quickly scale up the more false censorship they do.
- Guest
  
  Agreed. If Kim could take them to court, and get just one precedent for the world, it might just stop their power-crazed antics.
  - The Guy
    
    Possibly making an example out of them as well.
  - bobmail
    
    Kim doesn’t have the balls. He’s all talk and little action when it comes to this stuff.
    - markh
      
      doesn’t have balls.Megaupload was by forced offlne by the stupid american government and yet he has now a a better cloud service, which the american government don’t like. Who has no balls. Go play in the corner troll
    - Guest
      
      Yes, because he hasn’t been fighting the shoddy case brought by the DOJ at all.
      
      Or are you merely projecting your wet dreams, bobmail?
    - icec0ld
      
      The man just started the latest in file storage and encryption while constantly baiting trolls like yourself and Hollywood. I’d say he has plenty of balls.
    - Scary_Devil_Monastery
      
      This must be yet one more offshoot of the logic you displayed when you tried to show us all that the Post Office and a Bank are prime examples on companies whose very business model is sufficient to identify them to be as shady and untrustworthy as a drug dealer.
      
      Whatever you are currently on, you need to stop using it.
    - bobmail
      
      @markh: “doesn’t have balls.Megaupload was by forced offlne by the stupid american government and yet he has now a a better cloud service, which the american government don’t like. Who has no balls. Go play in the corner troll”
      
      He doesn’t have the balls. When it comes time to actually face up to the opponent directly, he wusses out and moves along. Why do you think he keeps changing countries? He’s trying to stay ahead of his own bad deeds (arrests and convictions in Germany and Hong Kong).
      
      If he had balls, he would be in the US fighting his case. Instead, he’s hiding like a little girl and making trollish moves himself.
      
      You guys are stupid to support this fat fucker in his lavish lifestyle.
    - http://gene-poole.tumblr.com Gene Poole
      
      AGREED!!
      
      you’re absolutely right, I’ve maintained for some time that KDC is not exactly a saint and that the filesharing community shouldn’t look to him for a savior, he doesn’t have our best interest in mind.
      
      HOWEVER, WITH THAT IN MIND, how badly has the DoJ fucked up to make this piece of shit look like the good guy in this scenario? They’ve fucked him over so badly that whatever he’s done he still looks like David vs Goliath, and the masses are siding with him, because despite everything he’s done, nobody likes a bully, and he’s the lesser of two evils. The enemy of my enemy, and all that.
      
      The US Department of Justice really, really fucked up on this one. That much is apparent.
    - bobmail
      
      @scary_idiot_devil: “This must be yet one more offshoot of the logic you displayed when you tried to show us all that the Post Office and a Bank are prime examples on companies whose very business model is sufficient to identify them to be as shady and untrustworthy as a drug dealer.”
      
      What crap are you talking about? this from a guy (or is it a boy) who can’t even get the basics right.
      
      Stop trying to act big. I can hear your chest puffing out from here, and it’s funny as heck… but useless.
    - Scary_Devil_Monastery
      
      @bobmail
      
      “What crap are you talking about? this from a guy (or is it a boy) who can’t even get the basics right.”
      
      I’m talking about how you chapter and verse demonstrated in a previous thread that anyone offering a service with plausible deniability should be considered shady in itself. Then you made an irrelevant assumptive comparison to drug dealing.
      
      As many, including my own humble self pointed out, what you described was a rather exact description of the post office. Not just MEGA.
      
      And that isn’t the first time you’ve deduced that anything capable of dual use should be treated as a highly suspicious operation.
      I’m reminded of when your argument on detecting any “file-sharing protocol” inescapably meant any online transaction taking part over https would similarly be affected.
      
      “He doesn’t have the balls. When it comes time to actually face up to the opponent directly, he wusses out and moves along.”
      
      So in addition to having the balls to take up the fight he also has the smarts to actually dodge a punch?
      
      From most people’s perspective, having “no balls” would mean to surrender. In your universe apparently, true grit can only be found in men who bravely get sucker-punched into oblivion while refusing to actually move an inch during the fight?
      
      Feel free to correct us if what everyone perceived you writing isn’t what you meant.
      
      It also isn’t the first time where your posts are entirely ad hominem without having any substance or factual refutal whatsoever. You think piling on more invectives will help? If so I feel sad for you.
      
      Unfortunately what you say does pass the same bar of quality as most arguments put forth by copyright maximalists so we can only assume that bold-faced lying, fudging the facts and semantic shell games are all you lot have on offer to prop up your creaking house of cards with.
      
      Failing that, invectives and unimaginative attempts at marginalization. for which I must thank you. It tells everyone reading this just exactly what you have to back up your sporadic commentary with.
      
      “Stop trying to act big. I can hear your chest puffing out from here, and it’s funny as heck… but useless.”
      
      Then we both win as I too find this exchange very amusing. But somehow for reasons entirely other than yours.
cgimusic

The biggest problem I have with the current copyright system is shit like this. The whole guilty until proven innocent mentality has permeated the entire sector with both the DMCA system based around it and pay up or else notices designed to take away peoples right to a fair trial as well as their right to freedom of speech.

These kind of tactics are disgusting and I really hope Kim sues the hell out of GEMA.
- bobmail
  
  What woudl you prefer? A system of innocent until proven guilty, and then the usual DMCA just take it down with no liability? You can’t have it both ways.
  
  Either you want a low liability system that sometimes has issues, or another system where you roll the dice and if you are wrong, you get financially boned for the rest of your life.
  
  Which one do you like better?
  - markh
    
    You get financially boned in the USA, many other countries like Canada for example have a max cap of 5000 dollars. So yes we can have it both ways except the US citizens
  - bobmail
    
    You’re joking, right? That’s exactly what the system is now, dumbshit. Rightsholders are assumed in the right regardless of whether they actually own the content in question, and there is absolutely no liability for rightsholders. Unless you’d like to point out exactly how Dotcom’s music is owned by GEMA in this case?
    
    C’mon, Baghdad bobmail; let your brain do the thinking for once! Not that industry white chocolate cascading down that mess you call a face!
  - cgimusic
    
    As much as I would love to see huge fines for false DMCA takedowns, it would only stop automated batch takedowns. Tactical censorship like this would just be considered a worthwhile investment.
    
    In addition, why would there be any liability if the person who the takedown was filed against has already been proven guilty?
  - icec0ld
    
    I can, quite literally, right now, DMC anything you own on the web and there are zero repercussions.
    
    That’s a pretty big fucking problem. The system should need to show proof you actually own the rights to what you DMCing, otherwise it’s just going to be used as a form of corporate DDoSing what they don’t like.
    
    Right now Youtube stamps these things like envelopes that are fucking free posted any where in the world. There is zero verification and zero consequences for filing false ones
    
    I choose neither. Time for a new system that can do it’s fucking job without being just another corporate censorship tool.
    - bobmail
      
      @icecold: “I can, quite literally, right now, DMC anything you own on the web and there are zero repercussions.”
      
      I dare you, fuckface. You couldn’t pull it off. If you did, I would sue your ass into the ground for the false DMCA claim that you knowingly made.
      
      You don’t understand the idea of good faith. You would be acting in bad faith, because you know you have absolutely no rights at all. Rights holders have rights, and then it’s just shades of grey.
    - 2013sUxAlready
      
      @bobmail
      Here have a Like and FUCK OFF fascist scumbag. There is also something called FAIR USE. Now PISS OFF about automated DMCA take downs good faith and bullshit like guilty until proven innocent. DMCA acts exactly like that.
      
      Someone assumes you are guilty, forces your content to be taken down by the service provider and leaves it to you to come back at them. It should be EXACTLY the other way around.
      Service provider directs the complaints. You present evidence in a reasonable amount of time (at least 24 hour deadline). Service provider tells the DMCA troll to FUCK OFF! Content stays available the whole time.
      Everybody is happy.
  - Scary_Devil_Monastery
    
    “What woudl you prefer? A system of innocent until proven guilty, and then the usual DMCA just take it down with no liability? You can’t have it both ways.”
    
    No, we’d settle for having it work in one way. The DMCA comes along with proof that the takedown is merited. On verification that the takedown is merited, the takedown occurrs and the uploader may contest the takedown.
    
    The same way ANY civil complaint is handled.
    
    Right now the DMCA works this way:
    
    1) Automated takedown notice is generated with no evidence or indications of either offensive material or proof of copyright.
    
    2) Takedown happens without verification.
    
    3) Uploader has to prove innocence.
    
    The proper definition of this current method is “pre-moderated censorship”.
    
    Would you care to explain to us how having the same system which is in place for ANY and EVERY other sort of legal action is “having it both ways”?
    
    Or will a request for such clarification simply invite you to present to us another example of the same logic which had you claiming that any business working like a bank, the post office, or federal express was most likely a shady one catering to drug dealers?
    - Right
      
      Not ALL DMCAs are automatic, saying that is being extremist.
    - bobmail
      
      “No, we’d settle for having it work in one way. The DMCA comes along with proof that the takedown is merited. On verification that the takedown is merited, the takedown occurrs and the uploader may contest the takedown.”
      
      What is stupid is that this is EXACTLY what happens now. Perhaps you need to learn a bit about how things actually work (rather than what has been spoon fed to you here by the anti-copyright dudes). A DMCA notice is a claim of rights, a claim that you did not give the rights to the use, and that to the best of your knowledge, in good faith, the item is being infringed.
      
      Automated takedown notices are remarkably accurate and effecient 99% of the time, there are occassional errors as there are in any system. Quite frankly, I don’t think you (or anyone of your ilk) can come up with an alternative system that can handle the sheer volume of copyright infringement going on. Every time you put up a 1 minute video on youtube of your favorite kids show, You are suggesting a system where they must find it, then they must watch it, they must manually type out a new notice (as per your rules) and then send it individual to everyone involved, so that it can be resolved in a reasonable time frame (with mail, you are looking at a few days).
      
      In the interim, as you are a spammy little monkey, you have posted a dozen more videos,, generating a dozen more cases.
      
      Do you honestly think it’s fair?
    - Scary_Devil_Monastery
      
      @bobmail
      
      [EDIT]“What is stupid is that this is EXACTLY what happens now. Perhaps you need to learn a bit about how things actually work (rather than what has been spoon fed to you here by the anti-copyright dudes). A DMCA notice is a claim of rights, a claim that you did not give the rights to the use, and that to the best of your knowledge, in good faith, the item is being infringed.”
      
      It’s a claim you do not have to back with any evidence supporting it but which assumes that upon making the claim, guilt is similarly presumed.
      If a falsely made DMCA claim could be adressed by legal action then all well and good. Since it is logically impossible to do so, you can issue a takedown claim with no repercussions and no need to prove it’s actually valid.
      
      This is like someone anonymously calling the police about their bike being stolen, saying who presumably has it, and the police immediately, without question, confiscate the bike from the accused. Who then has to struggle to get it back. Such a system would be insane. As the DMCA section dealing with takedowns is.[/EDIT]
      
      “Automated takedown notices are remarkably accurate and effecient 99% of the time, there are occassional errors as there are in any system.”
      
      Since the system generates millions of takedowns each month, what that in essence means is that you force thousands of perfectly innocent people to defend themselves at any given time.
      
      This is as acceptable as the police saying that one in every hundred people shot was innocent as an excuse for hosing down a mall with automated weapons fire. There is ample precedent stating – emphatically – that this is in no way OK. The DMCA is alone and unique in this interpretation of law in that regard alone.
      
      “Quite frankly, I don’t think you (or anyone of your ilk) can come up with an alternative system that can handle the sheer volume of copyright infringement going on. Every time you put up a 1 minute video on youtube of your favorite kids show, You are suggesting a system where they must find it, then they must watch it, they must manually type out a new notice (as per your rules) and then send it individual to everyone involved, so that it can be resolved in a reasonable time frame (with mail, you are looking at a few days).”
      
      Yes. This is how every other aspect of unlawful or criminal behaviour is dealt with. It’s called “burden of proof” and “presumed innocence”. You will not find any other law which even tries to operate on the assumption that guilt is presumed at the moment of accusation. not outside of a battlefield or the much-disputed “Patriot Act”.
      
      “In the interim, as you are a spammy little monkey, you have posted a dozen more videos,, generating a dozen more cases.
      
      Do you honestly think it’s fair?”
      
      Whether it’s fair or not is a debate we can have at another time. What matters is that it is completely unacceptable.
      Anyone in favor of a law where guilt can be presumed on no other basis than that an accusation has been made is assuming the same standard employed by medieval with trials.
      
      What is happening here is simple: You are vocating that copyright as a privilege should stand head and shoulders above any other right of law, not to mention human rights.
    - Scary_Devil_Monastery
      
      @right
      
      “Not ALL DMCAs are automatic, saying that is being extremist.”
      
      Google is tallying a few million automated DMCA’s a month. Compare this to the number manually sent and you will see the problem.
      
      Now, if every DMCA takedown was required to operate according to common principles of law such as “burden of proof” and “presumed innocence” then we wouldn’t have a problem. Of course, neither the manual or automated takedowns adhere to this principle.
      
      On the contrary, the DMCA is written in such a way that it is logically impossible to prove bad faith on behalf of the party issuing the takedown. In short, you can not prove that a DMCA was sent in bad faith under any circumstances – and this is a direct effect of it being issued under a “presumed guilt” paradigm.
  - Eurofag
    
    I like your mom better
    - Eurofag
      
      Ooops!
      
      I’ve done it again. I tried to have a pop at someones mom in a futile attempt at humour and ended up making a spectacular cunt of myself.
      
      Sorry,
- http://thepiratebay.se/user/SCSA420 StoneCold420
  
  FUCK THE RIAA, GEMA, MPAA AND DMCA FAGS. ITS HARD TO GET ANY MONEY FROM PEOPLE WHO DON’T HAVE IT FAGS.
  - Zeke Krahlin
    
    Fags? Why call such disgusting companies fags? Most likely, they’re majority heterosexual. Why would you think that calling someone homosexual is an insult? You can’t be very bright, if you’re a homophobe.
http://www.facebook.com/profile.php?id=1136460199 Brett Schnaper

When germans use force to make you do business their way, aren’t you supposed to nuke them or something?
http://twitter.com/FreeInternet777 Free Internet

How is it that there was no copyright issues with Psy’s Gangnam Style? Me thinks that it was because he and he alone had control
- Right
  
  You are right. There were no copyright issues with Psy’s gangnam style because at YGE they know how to protect their songs on youtube. Kim dotshit seems to be too retarded to do the same and wines to the whole world when someone makes a mistake.
- Anyone
  
  Gangnam Style is blocked in Germany
  so don’t worry, the GEMA is doing its job just fine
  
  once you know that the GEMA was founded by the Nazis to keep art “pure” and “aryan” it all makes a lot more sense
  - Right
    
    If it’s blocked in Germany it’s not the GEMA but YGE (the rightholder) who did it.
    - Anyone
      
      no, it’s the GEMA
      by some outdated law they also represent all foreign artists (GEMA-Vermutung)
      and since they can’t get an agreement with youtube they block all musicvideos, even official ones like all the VEVO accounts
      
      Sony for example complained about this a few months ago, but they are powerless to change anything
    - Right
      
      @Anyone, seems I can’t reply to your comment so commenting there
      
      This is interresting, didn’t know that (mainly because it is limited to music and I don’t work with that). Thanks. This is completely stupid!
    - Scary_Devil_Monastery
      
      @Right
      
      “This is interresting, didn’t know that (mainly because it is limited to music and I don’t work with that). Thanks. This is completely stupid!”
      
      If you think that’s stupid, look over the french music and media laws.
    - 2013sUxAlready
      
      xD I can tell you some more about the so called GEMA-Vermutung.
      
      They ASSUME that every music ever produced MUST be copyrighted BECAUSE:
      - GEMA has contracts with EVERY music label around the globe (except the GOOD GUYS of course that don’t rip off their artists and writers – I ASSUME, YEAH I DID IT WUT?)
      - This leads them to believe that ANY music ever played or presented or performed MUST be copyrighted and therefore EVERY CLUB that hires a musician has to PAY their FEE even if said musicians are not registered in Germany nor have contracts with labels. Thas a whole ‘nother story.
      - After you got trough that shit they will return you the money if they don’t find your listed tracks in their libraries. (or something like that – either way they want you to pay first and shut the fuck up later)
      - That is why a lot of money gets lost in bureaucratic procedures albeit them closing many offices around the country.
      
      That is why they are always on DEFCON 1 fucking up the Internet and everything revolving around music and live performances. Pretty much a basic definition of useful idiots for the industry and pure LEECHES of society. And I refuse to buy the argument that without GEMA writers and creative folks would starve and not get paid for their shit… FUCK YOU get a real job then lazy good-for-nothings.
      
      There are lots of wrong doings in their association and our politicians don’t do shit about it. They practically got the power of a state institution despite of being a private club of lazy “content creators” and RIGHTSHOLDERS with archaic views on IP and culture preservation… pretty much the perfect Bitch for the MAFIAA in all of Europe.
    - Right
      
      @Scary_Devil_Monastery
      If you think that’s stupid, look over the french music and media laws.
      
      Yeah right, but at least rightholders can control themselves the availability of their content. Blocking VEVO accounts for example, this is just crazy.
    - Scary_Devil_Monastery
      
      @Right
      
      “Yeah right, but at least rightholders can control themselves the availability of their content. Blocking VEVO accounts for example, this is just crazy.”
      
      As I said, look over the French music and media laws. If you think GEMA’s argument is stupid, those will make you fall off your chair.
      
      The workaround in France currently seems to be that french citizens obtain UK temporary post boxes to which they order books from amazon.uk. And then have them sent on to france.
      
      Because in Amazon.fr whether the book is available depends on whether it’s been translated into french, on whether the quota of anglo-saxon media has been filled, and on what arbitrary minimum price the local publisher has set on it.
Boblenton3

ffs it always leads down to ‘copyright infringment’ its like the answer to everything. One day they will go too far with it and saying the phrase ‘Somebodyy Stapp Meeh’ could get you arrested and sentenced for 5yrs
- Facefuck
  
  I C wut u did th4r
  :D
Datavetaren

Aha! A copyright misuse! Where are the helicopters, SWAT-team staff, machine guns, tanks and other violent abuse to get a real take down on GEMA? Shut down everything, cease all their funds, let GEMA fight in court to prove that this was _not_ their intent.
Nunki

I for one hope that he draggs GEMA to court in Germany, sets a precident and make an outfit like MAFIAA, RIAA, BREIN and whatever they are called illegal.

But i guess all i can do is dream about it
- http://twitter.com/FreeInternet777 Free Internet
  
  Actually, thats not the first time your comment has been made here…and the more I hear it the more it “may set a precedent” as someone earlier pointed out. What a good thought, middlemen who think they are omnipotent, back off.
Andrew me

Youtube needs to implement a cost per dmca for anyone requesting a takedown, this does not have to be a large amount as that would affect those people that have content they created that is being used by the entertainment industry to make money.

I would say a $5 charge per request. If anyone is found guilty of making a false claim they need to be prevented from taking any further content down for 24 hours, then the second false claim 1 week ban and the third time a month, after 3 false claims then they are banned completely from sending dmca requests with no option but to take youtube to court , In court youtube can very simply say that they are misusing the DMCA laws and that until they can guarantee that they will not take down content that does not belong to them that they be banned.
- Right
  
  The ban part is interesting but the pay per DMCA part is stupid, nobody could enforce that.
  - Scary_Devil_Monastery
    
    “but the pay per DMCA part is stupid, nobody could enforce that.”
    
    Actually, they can. Google has collected a detailed and open database on every DMCA notice sent, along with the percentage of false claims (which is HUGE).
    
    So if anyone asked Google for an estimate on how many false DMCA’s they were sent, they could now provide a very accurate number.
    
    You would almost think they were collecting this information in case they ever had to take it to court to prove something.
    - Right
      
      We were talking about a pay per DMCA system, which is impossible to enforce imho because you can’t make people pay you to send you emails.But I totally agree, paying for false positive would be a good thing.
      
      And how do they know if a DMCA is legit or not ? They’re not even requiring signed emails, a clic on a webform is enough to have a “legit” DMCA. These stats are bullshit and their DMCAs would not make it a second in court as you cannot prove the identity of the sender.
    - Anyone
      
      of course they can send the DMCA notices for free
      
      if they want you to act on it they have to pay you
    - Right
      
      @Anyone I don’t think this would work. You received it, you are liable for it.
    - Scary_Devil_Monastery
      
      @Right
      
      “We were talking about a pay per DMCA system, which is impossible to enforce imho because you can’t make people pay you to send you emails.But I totally agree, paying for false positive would be a good thing.”
      
      Ah, my misunderstanding. Mea maxima culpa.
      
      “And how do they know if a DMCA is legit or not ? They’re not even requiring signed emails, a clic on a webform is enough to have a “legit” DMCA. These stats are bullshit and their DMCAs would not make it a second in court as you cannot prove the identity of the sender.”
      
      And that is the main problem needing redress posthaste. Right now you can get anything subjected to a takedown automatically and proving bad faith is logically impossible because of the system.
      
      In practice making the DMCA takedown mechanism as currently written a legal mechanism operating under a “guilty until proven innocent” paradigm. The effect of which is that “free speech” online is curtailed by the provision “Until anyone objects”.
      
      The simple and reasonable answer is that any DMCA must be backed by a legal entity which then has culpability in case the DMCA turns out to be unfounded. If no plaintiff can be named, the DMCA takedown is invalid. This is the basis of any civil adress to presumed unlawful behavior.
      
      In the case of automated takedowns the answer is even simpler. Any takedown which is unwarranted is a valid case for the person whose work has been taken down to file a lawsuit against the entity issuing the takedown. This will ensure by itself that an automated response will be by necessity used in only the most extreme and secured set of circumstances.
- Datavetaren
  
  Let’s place a nice game of chess.
  For the first false claim you have to pay $1, for the second false claim you have to double that and pay $2, for the third false claim it is $4, and so on. That should do it :)
  - Right
    
    Now this would be a good start. This would force people sending automated DMCAs to triple-check their process and reduce the errors.
    - Scary_Devil_Monastery
      
      “This would force people sending automated DMCAs to triple-check their process and reduce the errors.”
      
      The problem is that any error rate at all will be unacceptable with an automated system. You may want to read up on the paradox of false positives.
      
      Basically, if you are looking through a stack of 100 million url’s looking for infringers, among whom there are 1000 infringers and are using an engine with a 99% accuracy rate, you do not end up with 990 suspects which is what most people automatically assume.
      
      You end up with 1% of 100 million falsely identified as infringing.
      
      Meaning you get a total of 1 million urls identified as infringing.
      
      This is why an automated system checking every upload link on the web is BAD.
      Database administrators and network techs have known this for decades. It’s why they roll their eyes at politicians and IT incompetents who squeal with glee and assume computers can perform magic.
Kimdotconz

If he starts suing them for loss of viewers… They will need to pay up :) But Kim has no Ammo to do that right now :)
Ogosh

4 reich straiked xD
Anyone

GEMA is just pissed because Dotcom uses an anagram of their name for his new business
Kim vs GEMA – WWE Fight

Tonight for your entertainment on WWE
Kim (Fat Bastard) Dot.com —- VS —- G.EM.A. (The Skinny Weasels) .

Watch Tonight as Kim’s does a Stone Cold World Wrestling diving attack of the apron squashing GEMA !

PS. The apron is getting extra reinforcement as we speak to withstand the exceptional weight with suspension bridge cables.
http://www.facebook.com/profile.php?id=100005069441277 Chuck N Dies Last

They can eat out of horse ass, then kim will sue them for speaking shit every time they say shit.
Hogspace

Who thought the Copytheft industry would stick within the law to take down a threat to their income stream?
Politicians will back them up lest they lose their kickbacks.
townie2

Youtube has to start examining these requests instead of just blindly taking them down no questions asked.
- Guest
  
  YouTube already does that but for the elites, like the Obama channel, etc.
Anonymous

and until there is a change to the law whereby takedown requests must be fully supported with evidence of infringement, not just statements of supposed infringement, coupled with severe penalties for those issuing false takedowns, this shit will continue. the problem is, politicians are bribed so well, so often, by the various entertainment industries, they wont do a damn thing! when are the people going to wake up and smell the coffee? WE DO NOT MATTER TO GOVERNMENTS UNTIL THEY WANT VOTES THAT PUT THEM IN THE POSITIONS OF SUPPOSEDLY WORKING FOR US, WHEN IN ACTUAL FACT ALL THEY ARE INTERESTED IN IS LINING THEIR OWN POCKETS AND HAVING AS CUSHY A LIFE AS POSSIBLE!
- Anonymous
  
  just to add that this has been done on purpose, probably with the cooperation of the US entertainment industries and DoJ, just because they are aware of the shortage of funds Kim has access to atm so another legal battle is not what he needs, and to delay, be a thorn in the side, of anything he tries to do. he has fought back against the US corruption, which extends from the highest political level, through businesses to individuals, all of which is detrimental to the people. those involved in what is nothing short of a criminal conspiracy are shit scared of the eventual outcome and they dont like that. they will do anything they can to screw him just because he refused to lay done and take it!
2013sUxAlready

GEMA KACKEN!

GEMA ZUHAUSE!

GEMA STERBEN!

I hate this fuckin association with a passion. I hope they fucking die. Nobody, not even their mothers like them. And I don’t give a SHIT about Kim Schmitz DotCom’s video nor any Artist that signs up with them. I didn’t even check it out. This is not about a VIDEO… this is about being USofASSHOLES BITCH once again. Germany GET THE FUCKIN YANKS of your back plz and grow a fkin spine already, JESUS!

Best part about it is some dumb ass old right-wing ultraconservative pseudo-religious fart will probably come out and tell the public that this club of the 3600* was absolutely right NOT to grant Kim any publicity .. oh wait ITS TOO LATE… mass media already spammed his shit all over the news.

*(the amount of “regular” members is about 3600 and only they have the right to vote what GEMA will do every year… talk about a democratic principle :D )

SLOW CLAP GEMA SLOW CLAP!
- Anyone
  
  those 3600 people also get almost all of the money the GEMA extorts out of people
  it is a deeply corrupt organisation
Guest

This story must be wrong. The MAFIAA employees here on Torrentfreak told me very clearly that copyright isn’t used for censorship!!1!
The_Strawbear

Isn’t it about time this site was renamed to Mega Freak?
- IHaveNoBalls
  
  No
- Guest
  
  Yeah, how dare those sons of bitches report news.
dondilly

What youtube should do is penalise the copyright rogues by disabling their access to the takedown tools due to false or malicious takedowns.

Better still as access to the tool is an act of good will on Google’s part, if an uploader takes legal action against false takedowns, tool access should be disabled until the case is resolved.

I couldnt believe what i was reading in a TF story last year where a lawyer for the a rightsholder was referinng to acceptable error rates. No error is acceptable when it is your material being taken down or delinked.
- IHaveNoBalls
  
  “What youtube should do is penalise the copyright rogues by disabling their access to the takedown tools due to false or malicious takedowns.”
  
  I agree, and youtube should make it 3 false accusations and they terminate the “rightholders” account (for ever). And they should force the “rightsholder” to sign documents acknowledging that they will never send another false take-down and make them accept liability for any loss of business etc..
  
  Because don’t forget, you get 3 copyright complaints as a youtube user they terminate you’re account. Plus you to sign documents which admit guilt (or don’t get access to you’re account again.)
- AB
  
  I totally agree – The misuse of the takedown system should mean a permanent ban – just like Google already does on AdSense accounts.
Anonymous

‘a TF story last year where a lawyer for the a rightsholder was referinng to acceptable error rates. No error is acceptable when it is your material being taken down or delinked.’

it is only acceptable when it is someone else material. if any of the entertainment industries material is removed, even legitimately, they go fucking nuts! same old story, ‘dont do what i do, do what i say’ or ‘what’s yours is mine, what’s mine is mine alone!’
Andrew Lee

The copyright system is outdated it was made for a world with no internet. We need to do away with it and bring a new system that can actually be relevant to how shit works today.

I bet if we banned all copyright fines they would hop on the reform train almost instantly.
http://twitter.com/Power2All Power2All

I lolled at the “From germany, living in new zealand, hosting in Hong Kong, and getting sued by United States”…
Thats 4 different countries being said in 1 line there… WTF….
Seriously hillarious, and so funny how people call Kim a ass (for the ones who do), atleast he gets money for his work and fighting for his company…
Most people just fuck each other over -_-
Fantastic

Youtube needs to get slapped down hard. Their report and response system is beyond shoddy and all someone needs to to is wave a stack at them and they’ll go along as that one pleases.
Byte Master

Let’s hope MEGA doesn’t back down this time and will not rest until (1) GEMA publicly apologizes to the public for depriving them access to legal content, and (2) GEMA signs a “cease and desist” letter for filing bogus copyright claims against MEGA and/or Kim Dotcom.
DullFace

It’s back: https://www.youtube.com/watch?v=LwlLC2PUrH8
Sss

why is google listening to those morrons. Why don’t they just let up post whatever we want? Someone has it uploaded anyway?!?!?!
Liam Jh

Kim has had enough publicity, and honestly what has the launch of Mega got to do with torrents, and copyright. Has someone at TF invested some $’s with KDC?
- Anyone
  
  filesharing isn’t just torrents
  - Liam Jh
    
    “The place where breaking news, BitTorrent and copyright collide”. TF Banner
    
    Who said filesharing.
    
    Me being a ‘dick’, but seriously – I think TF have donated enough webvertisment time to the KDC Mega launch.
    - Anyone
      
      fine, then let’s file this article under “copyright”
      or more accurately “copyright abuse”
      
      I think it fits quite good on this site
    - Liam Jh
      
      Ok then. I agree.
      
      I would rather file it under non-story, opinion piece and advertising space. I will try and refrain from reading, trolling the KDC add pages then (no promises though) and keep too the real news on here.
      
      and Nej if you come back – “Fuck off again”
GEMADialog

Hi together,
we do and did not block any content on YouTube. The blocked content message is misleading because it gives the impression that GEMA has categorically refused to license the use of music even though the German Copyright Administration Act (UrhWG) obliges it to do so. However, YouTube has not been licensed to use the music because it has so far refused to pay appropriate compensation or to deposit an amount as provided by law. The blocked content messages imply that GEMA is wholly responsible for the fact that YouTube does not have the licensing.
- Anyone
  
  asking for ridiculous amounts of money (more per click than Google is making on it) is basically blocking it
  
  GEMA is wholly responsible for the blocking, every other MAFIAA organisation in every other country is able to come to an agreement with Google, only GEMA cannot, so of course GEMA is to blame and not Google
knglerxst

As long as we live in a profit-driven system, don’t expect anything to change. Any person or business who feels their income stream is threatened will demonize the source of that perceived threat.
Guest

I don’t understand. DMCA is for America. As long as you’re not in America the DMCA should not apply. So why is it all these sites host in America? If they don’t, why do they follow DMCA????????????????????????????
- ScrewEwe2
  
  The article doesn’t mention the DMCA.
MEGA vs GEMA

Has nobody else noticed that GEMA is an anagram of MEGA can it be a coincidence.
Guest

Fuck you GEMA MAFIAA
Mega

the one i watched it still there
https://www.youtube.com/watch?v=e2HwRM9eBCs
Guest

GEMA thankfully did not get all the copies. Just search “Mega Launch” on YouTube. I just watched the whole thing.
Sanity_Vocal

Why can’t Mega also click on a virtual button to remove all of Universal Studio’s postings on the internet worldwide? Tit for tat is legal, isn’t it? If one party has the right to censor the other party online, doesn’t it stand that the other party has the same rights to censor the first party? I bet Universal Studio has spent more on their advertisements, so the financial loss if the said adverts were removed online would be more devastating.
XAX

Not a single link to the actual video…
Anonymous

the ‘copyright madness’ that Dotcom refers too ia going to continue because all governments are either backing the various entertainment industries and the collection agencies or are too scared to stop them. they have done in the past whatever those entities wanted and have left it too late to change things now, even if they wanted to. in the mean time, it’s the people who always suffer and often artists as well. to all the governments, GET SOME BALLS! STAND UP AGAINST THE INDUSTRIES AND FOR THE PEOPLE! THEY GAVE YOU THEIR CONFIDENCE WHEN ELECTING YOU, NOW LIVE UP TO EXPECTATIONS!!
jz100

YouTube is a joke in itself anymore.
obadiah_edomite

rebels come and go but the ruling class always wins in the end — they own the law
wobuashdsf

http://ur1.ca/c4ee0

http://ur1.ca/c4ee0
Captain-X

What a coincidence – MEGA & GEMA has same set of alphabets.
womiexiang

http://ur1.ca/c4ee0
http://ur1.ca/c4ee0

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