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Megaupload to Sue Universal, Joins Fight Against SOPA

File-hosting service Megaupload has told TorrentFreak that it will sue Universal for wrongfully taking down its content from YouTube. Universal took action Friday to remove a Megaupload-produced pop video which featured leading artists singing the cyberlocker service’s praises. The move has also prompted the company to enter the SOPA debate, with a call for like-minded people to join forces and fight for an Internet without censorship.

Last Friday, file-hosting service Megaupload surprised the Internet by launching a campaign fronted by a Printz Board-produced song featuring some of the world’s most prominent recording artists.

Needless to say, the spectacle of P Diddy, Will.i.am, Alicia Keys, Kanye West, Snoop Dogg, Macy Gray, Chris Brown, The Game and Mary J Blige all declaring their love for Megaupload was too much for the IFPI and RIAA.

As the story began to spread and the Mega Song trended on Twitter, it was suddenly blocked by YouTube, a victim of Universal Music Group (UMG) and IFPI copyright takedowns.

UMGTakedown

What followed late Friday were demands from Mega founder Kim Dotcom for YouTube to reinstate the video (full details in our earlier article), and counters from Universal to take it down again. With the weekend over, the controversy is alive again.

“Let us be clear: Nothing in our song or the video belongs to Universal Music Group. We have signed agreements with all artists endorsing Megaupload,” Megaupload CEO David Robb told TorrentFreak this morning.

“Efforts to reach out to UMG and open a dialog about this abuse of the DMCA process were answered with unfounded and baseless legal threats and demands for an apology.”

Threats against Megaupload from the mainstream entertainment industries are nothing new, yet thus far the movie and music groups have refrained from legal action. Nevertheless, the name-calling persists.

“Regrettably, we are being attacked and labeled as a ‘rogue operator’ by organizations like the RIAA and the MPAA, which represent some of the music and movie industry. They are wrong,” says Robb.

“Our record of closing accounts of repeat infringers and taking down illegal files proves we stand against piracy and care about the rights of content owners.”

But while Mega insists it always complies with legitimate takedown requests as required by law, the RIAA and their member labels want much more, as their championing of the Stop Online Piracy Act illustrates.

“UMG is currently lobbying lawmakers in Washington for legislation that would allow them to not only delete specific content from a website, but to delete entire websites from the Internet. After this demonstration of the abuse of power by UMG, we are certain that such an instrument of Internet censorship should not be put into the hands of corporations,” says Robb.

Those corporations, Robb suggests, may have already abused their existing powers to censor the Mega Song campaign on YouTube for commercial ends. Mega will shortly relaunch Megabox, a label-worrying iTunes competitor that will give artists 90% of all sales, a far bigger share than many currently enjoy.

But whatever Universal’s motivations for the takedowns were, according to Megaupload founder Kim Dotcom the label will now have to justify their actions in court. TorrentFreak can confirm that Mega’s legal team have already been instructed to sue Universal over the illegitimate copyright takedown of the Mega Song, an act which Kim says was an attempt to sabotage their viral campaign.

Furthermore, having previously been restrained on the issue of SOPA, it now appears the Mega Song takedown has prompted a change of course by Megaupload.

“We thank everyone for the massive support. Let’s join forces and fight for an Internet without censorship. Stand up and oppose new laws like SOPA and PIPA, which are being written this month in Washington,” says Mega CEO David Robb.

“Let your local representatives in Congress know what you think. Join organizations that are promoting free speech and innovation. Let’s not allow corporations to create an Internet dictatorship with the massive censorship firewall they are lobbying for in Washington.”

A TorrentFreak request for comment from an RIAA spokesperson remains unanswered.

Update: The lawsuit has been filed today at the United States District Court, Northern District of California.

Update: Megaupload statement

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  • TPB Free

    Sue them for billions!

    • http://www.facebook.com/people/Pac-Ducor/100000183951976 Pac Ducor

      pffft… they will be lucky to get 20 cents from them or even lucky to get the video back up.

      • Dbern50

        The video is back up..

      • Anonymous

        I think you’re underestimating mega’s ability to prove that what was done, was wrong.

        • http://www.facebook.com/jay.uhdinger Jay Uhdinger

          This song is soooo cheesy. If its taken down for being too cheesy I support that 100% not because of Universal. Awesome that they sue Universal.

      • Guest

        Let the battle for the interwebs …

        continue

    • Megashitload

      MegaUpload pouah !!!
      i prefer http://www.deviloid.net

  • As

    awesome let see what those corrupted judge will say , UMG is abusing DMCA , this was always the case , site which do not follow DMCA are sued and closed down , the same should be for UMG i would say few year in jail and some nice payment to megaupload , those day when they chase a pirate they ask million of dollar and years of jail , would be fair if they get the same .

    • Ogra

      A question; does their status as a corporation remove the possibility of jail time for any company members? I ask because I don’t quite see how jail could be applied to a corporation… and I don’t quite understand the law here.

      • http://otester.myopenid.com/ PiRat

        Jail time for a corporation could include not being allowed to conduct business for x amount of time.

        • http://pulse.yahoo.com/_IZ5BM5GNLA54OADSWGSXAMA7SY Jay

          That would be the best news ever. I’d sue Sony for millions on a defective product.

      • Navi555

        You have just explained one of the many issue behind Corporate Personhood

        • Anonymous

          You just landed on the core problem. It’s true that all it would take would be a constitutional ammendment, to correct the effects of monopolies in the legislature funding politicians. This could be achieved by changing the attributes of corporate personhood to deny corporations any right to be present in the legislatures with voice or money; and, by limiting their standing strictly to administrative and judicial forums.

          Corporate interests keep screaming that such an outcome is pie in the sky. They are desperate to persuade us against even attempting such an effort.
          Why? Because it is their ultimate HORROR.

          Yet, 800 million Americans and Europeans, unlike the corps, have standing to launch and vote in constitutional referendums. That is the ultimate corporate weakness. Why? Because the minute they are regulated to administrative and judicial forums an entirely different kind of law will begin to be produced by the legislatures. Laws that excusively meet the needs of Human Beings. Why? Aside from the fact that only actual human beings would have standing to make new law, equaly important is the fact that the corps could only bring argument, rather than money into administrative and judicial forums. Why? Because administratrive and judicial forums are the last ringfenced institutions in the western democracies where it is still an absolute felony to petition outcomes with money…..as in prison and/or revocation of the corporate charter.

          A constitutional ammendment to limit corporate standing to administrative and judicial forums is nothing less than a humanity saving idea!.

      • http://butterflystorms.blog.ca Ronnel Petersmith

        Interesting. Since a corporation now qualifies as a ‘person’. If that’s the case then all the people in the corporation are just cells. So, all the cells must go to jail and the corporation mothballed for the duration. ;-)

        • Kingpaul222

          a corporation is qualified as a person bro, at least legally. learned that in economics. though it does become complicated when penalizing said ‘person’ although all legal resbonsibilty lies on the proprieter unless it’s a partnership or group investment.

      • Ven

        They can (in separate trials) convict and sentence to prison time executives in the know. Realistically however I don’t see that happening here.

      • http://twitter.com/Ether_Man Daniel Jönsson

        That’s a fairly simple question to answer actually… It’s simple. Corporations CANNOT commit a crime as they are not a thinking entity. Corps can only be fined for things done as a corporations, however crimes cannot be commited by corps and is instead always commited by individuals at that corp, who can be convicted to jail. If done as a corporate, then it’s the corporate board and/or CEO depending on who’s decision it was to do it (even if it was a lesser boss, it’s on the CEO’s authority and thus his/hers responsibility). If it’s a strategic decision (as in taken by the board), then it’s the boards responsibility. If an individual at a corp commits a crime AS an individual, then even if it benefits the corp, it’s still the individual’s doing and his/her own responsibility.

        So basicly, no a corp cannot be jailed nor are there any legal grounds for not letting them conduct business. The corp cannot commit the crime, so cannot do the time :) Only people can.

        It’s quite irrelevant for this case though as DMCA abuse is a corp fine. No jailtime is on the table to begin with because no crime is being commited, just a breach of contract. Do note that a DMCA takedown notice, is actually to be considered a contract.

        • Ogra

          I was aware that the DMCA takedown notice didn’t have jail time attached. I just saw the comment and realized that there was something I didn’t know.

          You’ve been very helpful. Thank you.

      • MDC

        The issue here is that a person signed the takedown notice and did so under penalty of perjury. Mega needs to work to get the perjury charge applied which may well send the signor to jail. Unless there are penalties on both sides, this won’t work.

        • http://pulse.yahoo.com/_IZ5BM5GNLA54OADSWGSXAMA7SY Jay

          No, there’s no penalty for both sides. But if there’s any indication, Universal may have to pay some money.

      • Johan_vald2

        Of course Corporations cannot be imprisoned in the same way as individuals. Depending on the offense, there can be implications for the directors of that corporation. However this is not relevent to the law suit. The law suit is a civil action, rather than a charge of criminal activity. As a civil action they may be attempting to seeking compensation for a wrong comitted, or to simply have the defendent ordered to not continue in their behaviour. If the defendent fails to comply, then other actions may be taken by the court to enforce it’s decision.

  • cyke1

    A-men, ty for this

  • Kr0nz

    I just hope they don’t just stop at getting their video reinstated, it should go much much deeper than that.

    The UMG lawyers will be like “we made a mistake here’s it video back” hoping that they drop the lawsuit. But they need to show the judges what kind of abuse these corps will do officeholders the power that SOPA gives them.

    • Lorcan O’Shanahan

      agreed

    • HollywoodAnna

      I wonder if Fox News will do the same when Michael Moore and the Occupy Movement demand the reinstatement of the Occupy Wall Street Interview videos that are not owned by Fox in any way whatsoever?

      • HollywoodAnna

        Damnit, this doesn’t work in the thread. Not sure how it ended up here, should have been an earlier thread. Oh well.

        • Anonymous

          That is what can happen when TF add a new story between when you load the page and when you comment.

          The system goes like “add new posting to topic #1″ where the problem is a new story pushes that to topic #2 but your comment is still attached to topic #1. In the computer world that is what we call a bug where they should have used fixed tokens for each story and not to priority shift them.

          The same thing happened to me a few days ago which is why one of my posting was edited to just read “deleted”

  • http://tuxie.wordpress.com Per Wigren

    Please release the song on all major online music stores so we can get it on the charts! It’s awful but it sticks to the brain. :)

    • Anonymous

      Not to forget the ring tone.

      • Annonymouse

        Hah, you’ve not heard Midarezak’s “Nyan Nyan” remix then!

  • http://www.facebook.com/people/Pac-Ducor/100000183951976 Pac Ducor

    @Torrentfreak Have they ever given you a reply on any case other then to threaten you?

    • Anonymous

      Oh yeah? until youtube starts hashing their videos and refusing to let people upload clones, genius.

      • ZS

        That’s not how hashes work. If they just used hashes, then you could literally change one frame of the video in a minuscule way and end up with a completely different video, at least according to the hash function.

  • http://twitter.com/icanhazsake Ninja

    Epic. EPIC win. I hope UM gets their arses slapped till it’s bright red. But wait, let’s hope this backlashes in a way where Google will remove the automated tool they made available for the rights owner AND copyright gets reviewed and includes fair-use (with file sharing for non-commercial reasons listed as such).

    Dreaming? Maybe.

    Go Mega, GO!!!

  • Anonymous

    Go, megaupload! You always were my favorite file service! Sue them for megabucks!

  • *Sigh*

    Megaupload isn’t a friend to filesharers. They are just a business, like all those corrupt record companies, and a very successful one at that. The fact that they had enough money to hire some top name artists for their ad just shows that they are all about profit, unlike TPB and other trackers whose goal is to free access to files.

    By spreading this video around you are spending your free time advertising for Megaupload. It’s a brilliant marketing tactic, and you’ve fallen for it.

    • http://www.facebook.com/hopeyoufsckingdie Hope You Die

      So we should just ignore the blatant abuse of the DMCA against MU because they’re an evil business? Are you retarded?

      • Guest

        Exactly. I know Megaupload makes money from file-sharing and so what? Megaupload is fighting against INTERNET CENSORSHIP and that’s enough to get my support. I already uploaded the Mega Song and I do NOT regret it.

        FVCK MAFIAA AND IT’S SOPA / PIPA

        • Shut Up

          Why should we turn our face the other way just because a business wants to make money? What is the point of business if money cannot be made? If we go by the logic that we should not support MU just because they are interested in making money, that means we should not support any person or enterprise or institution in the world because everyone aims to make money one way or the other. Hell even people working for charity make money.

      • Anonymous

        I think he’s got a point to the extent that what he’s saying is that no business seeking market dominance can be said to be the “friend” of individual consumers. I’m glad that MU is wealthy enough and creative enough to take an effective fight into the living rooms of the copyright monopoly; but, when the dust settles, I sure as hell don’t want to see MU to be even bigger and more entrenched in the legislatures than Big Content.

        • http://pulse.yahoo.com/_IZ5BM5GNLA54OADSWGSXAMA7SY Jay

          That would be Rapidshare.

    • Anonymous

      MegaUpload have to follow DMCA law which makes it true that very many files get deleted and accounts closed. It is never a reasonable request to ask a lawful company to break the law for your benefit.

      Once you accept that fact MegaUpload can be used for what it can do which is still big things for file-sharers. Their service is rampant with infringing media and be thankful they, unlike say RapidShare, do not go beyond their requirements under the law to tackle infringement to a much higher degree.

      It is a policy that works well to give them a large market share but of course they walk a knife edge between providing what their users want and how the Government and copyright side see them.

      Mega address this problem with their “front”. Their top 100 download list filtered to only be the top 100 lawful downloads. Then even this celebrity endorsement is all about putting a nice face on a shady business.

      Well they follow the law and that is the key point.

      • EricBalre

        Sorry in reality, mega dosn’t really have to do shut, encased is US, mega is Hong Kong, but they do dmca why?

        • http://twitter.com/Ether_Man Daniel Jönsson

          Because they want to have the benefits of the safe harbor section of the DMCA in the US regions. Just because a corp operates from one country does not mean they can happily ignore the laws of the rest of the world without any negative effects. In the case of DMCA, the benefits of following it, far outweight that of the downsides.

        • Kr0nz

          Because that can lead to censorship/blocking in countries where the DMCA does apply

        • Ktone

          Mega is HK but their service is not available in Hong Kong. WUWThat?

    • Shut Up

      Yeah right! They don’t care about filesharers and yet I have been downloading 5-10gb daily from them for the last 3 years as a free user and never had to deal with captchas and wait times like all the other shitty hosts out there whose free user service is garbage. They have been paying for bandwidth outta their pockets for millions of free users like me and bandwidth doesn’t come cheap in case you didn’t know. They could have easily put more restrictions to force you to buy premium. So what more do ya want?

      For the level of service they offer, they deserve all the free promotion and marketing that we can offer to them.

      • Kr0nz

        Actually there are many hosting providers that provide unlimited outgoing bandwidth and just cap incoming.

        Not saying mega has a provider like that but they are out there.

        • http://pulse.yahoo.com/_IZ5BM5GNLA54OADSWGSXAMA7SY Jay

          Not in the US, unfortunately…

          AT&T is taking care of that problem.

    • http://profiles.google.com/steveaustin1971 Michael Langford

      There is nothing wrong with making money.

    • yerbero

      Oh, you dirty butthurt Communists.

  • ARTiST

    Is it just me or the song really cheesy? Man, I just got M-E-G-A stuck in my head! Meeeeeega, MegaUPLOAD!

    • Mega

      Sometimes, it feels like its talking about some mega-load.

  • Anonymous

    As I predicted last week the court system now awaits them. DMCA law is clearly flawed to allow this to happen but at least justice can served. Good luck to them.

    TF did get one point wrong when UMG’s artists were actually “talking” and not “singing” which is the one key point that makes Universal wrong beyond all doubt.

    What they did was to have these people endorse MegaUpload in short videos where Mega and Printz Boards then set parts of these clips to a music video. You can see the original full length endorsement clips here…
    http://www.youtube.com/watch?v=jffi6wSWsTQ

    At least no one tried to censor that one.

    • Lee

      Yes. This was a honeytrap, and a brilliant one! They set up an incontestable video that they KNEW would hit all the UMG buttons. They released it late in the week to make sure the weekend went viral. And now that they have the UMG balls in a vice, they can squeeze! Brilliant! I may have to get an account to support this business.

      • Anonymous

        I would be careful what you say when there is such a thing as entrapment.

        What UMG & IFPI should have done was prior research instead of just hitting the censorship button. It was a stupid thing to do and set so many against them.

        Had Universal been wise they would have got other musicians to condemn MegaUpload in their own viral video. Better yet would be to have one of these featured people claim they were “tricked” by MegaUpload. Not so hard to do when we know who their boss is.

        Well I am sure not wanting to give them ideas when I am just pointing out that they were acting dumb.

        • Aeter777

          Entrapment and what was done here are completely different. Entrapment implies getting someone to commit a crime that they would be unlikely to commit without the enticement of law enforcement. Here the gungho nature of various MAFIAA organizations to issue take down notices and past indiscretions says they are likely to commit this act, also Megaupload is not law enforcement or under the employ of a government agent, therefore by the letter of the law even if what they did fit the other criteria of entrapment it still would not be, instead they would just also be charged, assuming it is criminal and not civil, as a conspirator.

        • http://pulse.yahoo.com/_IZ5BM5GNLA54OADSWGSXAMA7SY Jay

          There’s a possibility that Universal has an automatic censorship button. Without someone reviewing these things, it’s going to be hard to say (except in a lawsuit) that what they did was wrong or right (just to let you know, I’m saying they’re guilty as hell, just a judge might not)

  • http://www.twitter.com/echoman74 echoman

    “We are certain that such an instrument of Internet censorship should not be put into the hands of corporations,”

    Amen to that!! Entertainers, Artist, Actors, Songwriters, Producers etc.. etc.. etc.. are not slaves to “CORPORATIONS.”

    RIAA/MPAA you aren’t government you are companies major companies with far too much power. You’ve destructed practically every bit of new innovation since the beginning of time.

    Those in the entertainment business, separate yourselves from this mental abuse!! Join your friends, supporters, consumers fans because the industry lies and continues to lie. THE BRAINWASHING HAS ENDED!!!

    That’s the bottom line.

  • none

    What’ll make this really interesting is if they start asking YouTube questions about how often this kind of thing happens with Universal.

    • Anonymous

      That would be nice but they would have to file more serious charges to take it beyond this one case.

      This is most likely to only be a 5 minute court case. Mega show the judge the releases and take-down evidence, UMG pleads no contest and it was all a misunderstanding. The Judge rules guilty, imposes a fine and then kicks them out.

      Mega should ideally obtain an injunction banning UMG and IFPI from censoring this video from any streaming site. That may take 5 minutes more.

    • Ven

      The problem is that it may happen all the time with Universal, but the only legal recourse available to Youtube is to remove UMG entire from their site. Unfortunately, doing so to UMG and other large labels would absolutely destroy the dominance Youtube has in the online video world.

  • Anonymous

    lol, yeah OK in come the bottom feeding, blood sucking attorneys lol.

  • Sharada prasad Mohanty

    As a company that profits a lot from piracy, I can’t help but feel this is a scumbag move by Megaupload. I’m not against uncensored internet, but I think having Megaupload trying to represent us in the fight against censorship is a bad move.

    http://goo.gl/fjbqO

    • Guest

      Megaupload isn’t the hero we want, but the hero we need.

  • http://codeflow.org/ Florian Bösch

    Let’s be clear about this. This isn’t about copyright. UMG missused the DMCA to suppress another entities opinion. This is a free speech issue. What UMG did is not only illegal, it is unconstitutional. The repercussions for this kind of behavior can be very severe indeed.

    • Ven

      IF they don’t have a legitimate claim to the video. There are so many ways in which music and video can be copyrighted, we just have to wait to see what UMG brings as evidence.

      At the same time, free speech is not protected on Youtube as can be evidenced in their ToU agreement. Keep in mind the First Amendment is a limitation on our government, not on the manner in which companies conduct business (legal or otherwise).

      • Anonymous

        But the DMCA is government related. Wouldn’t using a tool provided by the government as a way to censor others circumvent YouTube’s lack of free speech?

        • Danny Milosavljevic

          That’s why the DMCA states that if the party whose video has been taken down protests the takedown, _the hoster has to put it back up_. Then the whole thing goes to court and should the party who requested the takedown have been in the wrong, they will suffer…

          (vi) A statement that the information in the notification is accurate, and ****under penalty of perjury***, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

        • Anonymous

          @Danny Crazylastname

          I’m not contesting that. What I’m wondering is whether or not it would be a free speech issue considering YouTube’s terms of use.

        • Danny Milosavljevic

          @grawss

          I don’t know. As far as I understand, Free Speech only concerns government agencies and it’s purpose is that government agencies can’t get away with censoring what you say just because they don’t like it.

          As for what companies do to each other or their customers, they can do whatever they want (within the limits of the law) – they are not bound by Free Speech.

          But I took what you said before to mean since DMCA was such a powerful weapon, it should have penalties on abuse.
          It does.

        • Ven

          No. The First Amendment doesn’t allow the government to censor the public in any way. But Youtube has to be viewed as private property: if you want to play there you do it by their rules. They could censor everything with the letter M in it, or hand that authority/tool off to others to do the same, and it would have nothing to do with the F.A. here.

          You would have a much stronger case arguing that Copyright is in fact a side-stepping of the First Amendment, giving the government authority to censor all but one party on a specific work. But given that our language allows for thousands of different ways to say the same things, you wouldn’t have a case at all.

    • Scary Devil Monastery

      As Ven has it below, there exist a great many options for UMG to finagle their way out of that accusation. Youtube ToS for instance.

      And of course it depends on how much of a “slave contract” they have with the artists involved.

  • LOLZ-MEGA

    Kim hired by a big name to be a CEO for Megaupload America lol….! I wonder how much that guy is getting paid to be a puppet.

    Kim has not paid the “affiliates” since 2 years ago…Of course he has the money to pay celebs to say they love/endorse his service.

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  • Guest

    It’s funny how there’s no due process when UMG fraudulently issued a DCMA takedown notice.
    But UMC will insist on their day in court and on due process when Mega sues them.
    What’s the bet that UMC ties up this court case with appeal after appeal.

    • Ogra

      Well, actually, the due process is what’s going on right now, with UMG hopefully being sued for a ton of money.

      As I understand, when UMG said that it owned the video, it swore so on threat of perjury. It’s not theirs, so they’ve perjured themselves, so due process now involves taking them to court, where it can easily be shown that UMG broke the law. I’d actually imagine they’d try to settle before they needed to appeal.

      Well, we’ll see I guess.

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  • http://twitter.com/ZackyBeatz %Zackyatz%Music

    Correction :
    **“UMG is currently ~~lobbying~~ bribing lawmakers in Washington for legislation that would allow them to not only delete specific content from a website, but to delete entire websites from the Internet.**

  • R.

    This is going to be sweet. Hopefully they sue UMG into the ground, rather than just making threats, then settling when it looks like that might be more profitable.

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  • Pingback: Megaupload Sues Record Label for Censorship [File Sharing] « VidenOmkring

  • Geee

    andddd it starts

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  • anonanonanona

    Does the record label own anything that these artists sing? even if some one else wrote the music and that this is for an advert and not a commercial track?

    • Ven

      It could be that UMG has rights to distribute any music those artists make. It could be specific audio samples used in the songs (most pop songs are just cut-and-pasted bits, hence why they sound so alike) that UMG holds rights to.

      It could also just be that somewhere in the production chain (artists, recording studio, mixing studio, mastering studio, video production and post) the label may have the rights to dictate something as silly as how much someone gets paid for it. The label may have had the mixing or mastering engineer on a project covering the time frame in which this was made. Any person or asset that works on a contract basis could be the issue. Without giving Universal the opportunity to negotiate.supervise all that, their rights would have been infringed upon.

  • Pingback: Megaupload is suing Universal for unjustly yanking its commercial off YouTube | VentureBeat

  • rabatjoie

    Before everyone starts rooting for Megaupload, look into the past (and if you want, personality) of its founder Kim Schmitz. The guy is a convicted (in Germany) conman and fraudster and is operating under various ridiculous pseudonyms such as “Kimble”, “Kim Dotcom”, or “Kim Tim Jim Vestor” (I kid you not). He is also enough of a narcissist to put himself into the video, singing a bad text with an embarrassing german accent.

    He certainly is NOT a champion of filesharing / copyleft, or an advocate of the end-user/filesharer. Rather a conman who is trying to make money off the back of pirated goods. While I’m all for sharing, I’m against systematically making money off piracy.

    • Johnny

      Either way Megaupload is whooping ass at the moment – from where I’m standing Megaupload is the only website which is standing out loud about SOPA (other than that 1 day censored logo)

    • Anonymous

      You cannot pick your friends or enemies in this Copyright War when there is only pro-copyright and anti-copyright. So if you are stuck in the trenches next to MegaUpload then only hope they have a really big gun and true aim.

      Sure this is a seedy guy but he seems quite in tune with the nature MegaUpload and “fighting the law” is one of his attributes. It is also true say he has served his time and paid his due and deserves another chance. He seems a law abiding person now and that is a good thing.

      So my only real advice is not to trust your finances to this person and not to invest in his projects.

      • Ven

        I have to agree with Violated here. Kim Possible here could be a total slime ball, but next to SOPA he is definitely the less of two evils.

        Kim wants my money, SOPA wants my freedom.

    • Guest

      It’s called fighting fire with fire.

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  • http://prelator.wordpress.com/ Patrick McKay

    I’ve managed to acquire some additional information on this after posting the video on YouTube myself Friday night. It was immediately blocked by Content ID, with a match on the VISUAL material (not the audio). What I’m guessing could have happened here was that YouTube’s automated Content ID system couldn’t tell the difference between Megaupload’s video and one of UMG’s music videos featuring the same artists (essentially flagging anything with those artist’s faces). I filed a Content ID dispute, and the video was left up over the weekend. However this morning the video was taken down again, this time by a formal DMCA notice.

    While the previous takedown could be chalked up to a Content ID error, this makes it a deliberate misrepresentation under the DMCA. I filed a DMCA counter-notice, so the video should be back up on my channel in about 3 weeks, but it’s down until then. This has happened to every other mirror of the video on YouTube, so it’s pretty clear by now that Universal is aware of the situation, and is deliberately abusing the DMCA to suppress this video.

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  • Anonymous

    What struck me most about this whole article was that offhand reference to MU relaunching Megabox (a label worrying itunes competitor under which artists get 90%
    of revenue).

    Let’s pause to imagine this for a longer second.

    Isn’t that 90% exactly what Artists are being robbed of today?

    Why would any Artist sign the standard (or even a new and improved version of the standard) labels contract when thy can cut themselves in for 90% of the sales value of their workproduct elsewhere?

    This goes to what Mu’s action realy tells the labels. THEY ARE AS GOOD AS DEAD!

    • Anonymous

      It really depends on how they market it. That stood out for me as well, and my first thought was of iTunes. The name “Apple” stands out and every new product gets posted to every tech news outlet on the internet the moment it’s announced, so it is understandable that a service such as iTunes would have immense popularity the moment it’s released.

      Can the same be said of Megabox? One can hope. :)

      • Anonymous

        I take your point, but remember Apple, like NetFlix, has no access to, and is not transferring to artists, any meaningful part of the actual economic margin derived from the efficiencies of digital distribution. Why? Because these digital distribution efficiencies are retained by the content distributors in their contracts with Apple. NetFlix’s recent problems, for example, are precisely about customer resistence to the monopoly premium that Netflix (like Apple) must transfer to content distributors. Neither Apple’s, nor Netflix’s arrangements with copyright holders are oriented toward transferring value to Artists. In this sense, MU’s proposal is completely different; in fact revolutionary. An offer of 90% participation is a massive amount of digital seduction for Artists to revolt en mass from their label contracts. I am stunned by the sheer brilliance of the proffer; and, I’m even more stunned by its implications for the impermanence of the copyright monopoly. Why? Because the one horror that the digital distribution cartel must fear more than customer revolt is Artist revolt. Why? Because when Artists revolt, their ideas revolt with them.

        • Ven

          I disagree, labeled artists have signed over their distribution rights which is why labels are collecting money from distributors. Itunes can give you 70 cents on the dollar as an artist (through something like Tunecore), but most are still flocking to those contracts because the volume of sales when properly marketed (something 99% of artists don’t understand enough to do successfully) is much larger.

          Don’t get me wrong, I self release and would love getting as close to 100 cents on the dollar as possible. But don’t kid yourself into thinking that 20 more cents per track is going to kill the labels.

        • Ktone

          Thumbs said:”Because the one horror that the digital distribution cartel must fear more than customer revolt is Artist revolt. Why? Because when Artists revolt, their ideas revolt with them.”

          And of course the cartel’s product, the artists’ new content, disappears leaving them with only oldies to sell.

    • Ven

      You fail to realize that Megabox (regardless of claims) won’t be legal in the United States unless it is giving 90% of those revenues to the rights holders of that content. Labels will still get it.

      And artists can self-release now, or make $.70 per song on Itunes, but they still choose record contracts because the contracts are worth it to them. If your dream is to profit from your work, that can be done in one of many ways. If you want to be on TV, tabloids, and a concert at the White House… A label gives you a far better chance.

      • Anonymous

        You’ve put good perspective on my phrasing “revolt en mass from their label contracts”. I take your point that currently signed Artists would not be expected to break existing contracts and that the proceeds of such defaults would return to the labels. I still wonder, however, whether a 90% participation offer would represent a serious inducement to “free” artists to release through MU.; and, whether a significant transition away from signing contracts with labels were possible; and, whether that would meaningfully weaken the control of corporate distributors. Naturally, not being a professional artist, I appreciate the concrete detail which informs your comment. Thank you.

        • Ven

          Until we see a site like Jamendo punching out self-owned artists that are financially successful, there is far more “promise” to being labeled. Being in the industry. A shitty music video on the Disney Channel that pays nothing might be enough to warrant a national tour. Having a TV pick up your song will have a huge effect on your fan base growth. From any of those, you have the image and fan base to self release and/or tour to make a respectable living.

          The two biggest roadblocks against building a fan base as an independent band are cost and the fact that “indie” is viewed and categorized in many places as a genre of music. In reality, indie is a financial statement about the band. Unfortunately, it means that outside of a few genres (acoustic pop rock and hard rock/metal) you can’t get radio play easily. You compete with all the other indie artists, even though most of their music isn’t going to be tasteful to your fans anyway.

          The label invests all the up front cost, and the worst thing that can happen is that you never see a cent from music sales. No risk on ever having to pay more, or be a slave any longer than you want to sign contracts for. You could churn for the label for a decade, and then indie punch an easy acoustic album to a giant fan base to make more than if you released all 5-6 of those albums indie to begin with. You get opportunities to work with the most talented people in your field, and record on the best gear.

          It’s impossible to really gauge how much value there is in a big label contract, because so much of it depends on how successfully you can sell yourself to your fans. It definitely isn’t for everybody, but it works for some far better than being independent would.

          Note: I do not condone getting a big label contract without reading books and consulting contract lawyers first. It can be a good business move, if you do research. I myself am, and always will be, an independent composer for flim/tv/games as well as a songwriter, and I have no desire to change that.

  • http://pulse.yahoo.com/_TMF3C33DG5YUGFSVHKQGGNXLYA Apocol0id

    Here’s an idea, how about people don’t upload movies and shows! The internet SHOULD be censored sometimes. We’ve built it up to be this massive tribute to freedom of speech, and all its done is made a generation of delinquent, immature pirates.

    • Anonymous

      Here’s an idea: How about no?

      How about content creators make their content accessible? How about these corporations start moving with technology rather than against it?

    • FinalApokylypse

      Your comment is redundant. Even if you were right (and I don’t believe you are) in that movies and shows should be censored on the internet, it just isn’t plausibly going to happen because it’s clear the war on internet piracy isn’t winnable, just as the war on drugs isn’t fully winnable or a perfect society isn’t obtainable.

    • Anonymous

      People always WILL upload movies and shows. They have shared culture with one another this way for seven thousand years and this will continue for as long as human beings are human beings.

      And the fact that they do does not excuse the implementation of tools which in this instance were abused in order to block perfectly legal material belonging to someone other than the one causing the takedown.

      Your argument, translated into real life becomes an endorsement of rape being a logical and understandable result of a woman dressing provocatively, which makes you a full-blown idiot or extremely shortsighted.

      No, communication should never be censored under any circumstances. If people take offense at something communicated the only valid counter is a debate.

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  • Anonymous

    Hopefully they fine them for each unlawful takedown. Considering how many people mirrored the video, that’ll add up quick.

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  • http://twitter.com/juliorcorzo Julio Corzo

    Read the SOPA bill.

    http://thomas.loc.gov/cgi-bin/bdquery/z?d112:HR03261:@@@L&su…

    And form your own conclusions

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  • Alyssa Blindy

    Mega is doing the right thing here, but I don’t see them winning this one for some reason.

    • Anonymous

      And what reason would that be?

      He says he has the signed releases so not a case of stolen video.

      • Alyssa Blindy

        Well, the only thing I worry about is that the labels could have something up their sleeves, perhaps some contract with small print saying that they get some of the profit for all public performances of the artists.

      • Ven

        Signed releases on whom and what? All the sounds used in the song (which if loops can have rights attached to them)? The artists? Mega only claims they have artist-signed releases. What if the artists weren’t authorized to do so?

        There are so many reasons why this case could be a slam dunk against MU, that I sincerely doubt all of their bases were covered. The music industry is so convoluted that it’s near impossible to interact with it without having everything dictated to you.

  • Karvamakkara

    Some similarities with the following article on the guardian: http://www.guardian.co.uk/technology/2011/dec/12/pirates-of-youtube-cory-doctorow

  • Nikolai

    Copy fags should be beaten with metal bats!

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  • http://www.facebook.com/profile.php?id=100001258747841 Ben Parish

    How the hell is having Kim Kardashian saying she uses your product a good thing? Makes me want to use Rapidshare

    • Ven

      More importantly, when was the last time she shared something with someone, and kept it to herself?

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  • Anonimouse

    Well i think UMC should be fined $150,000 per missed viewing the same as the RIAA want as a fine per music track.

    • RIAA Fags

      Holy shit, they actually want to do that!?

  • Codaith

    1st Ben parish NO rapidshare mby Media fire or how abought MEGAUPLOAD!
    I hope they sue them because they have abused there rights and plus who thinks youtube should just calm their nipples and be sued by MEGAUPLOAD because they are the best no doubt. Plus they have the copy right agreement right?

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  • Teejones1766

    Who cares what one mega against another mega does. They’re both twits. No, and no one is “fighting ” for anyones “rights” –and no, the above artists actually don’t WANT to give up free downloads. That’s called “going with the inevitable flow,” so no one thinks they’re a dick. Hate to disillusion anyone.

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  • Jman

    Wrong approach guys – go after the lawyers, don’t sure. Universals general council can be deregistered for this – the DCMA makes it clear that you are swearing an oath when you request a takedown. This is equivalent to an interview done by a news organisation, universal has no general ownership of private statements made by artists, and ist right of damages is only for breach of contarct on the artist, not the person doing the interview. If we can figure out who the lawer is who did this takedown they are in a world of hurt – immediate complaints to thier local legal complaints mechanisms would be the go by someone who lives in the USA. Complains boards HAVE to respond to complaints – drown the lawyers involved in complaints of professional misconduct.

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  • Hah!

    I knew it.

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  • cyke1

    today a show called TNT, (tech news today) that is a news channel on twit.tv talked about this story and had some music video, on the show video no audio and some audio but no video. Well you can guess what UMG did.
    https://www.youtube.com/watch?v=mSCIhwHQlbs

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  • Kowalski

    I think companies such as Google and Facebook that oppose SOPA shoud do a SOPA blackout day and remove all the SOPA proponents pages from their search results. Wipe out UMG, WMG, BMG, SONY, Viacom and all other crap from web existence.

  • Pelouze
    • Anonymous

      Well how unclear can “I

      • Pelouze

        I guess we’ll see, lots of variables and I doubt many of them are in favor of MU

        • Anonymous

          I don’t know. I would think MU would have the advantage here when they have been in control under their plan right up until this Mega Song was publicly released.

          They are not exactly short of lawyers to advice them what they can and cannot do. So good releases to cover their needs are certain enough.

          The point of conflict was that they were sneaky bastards to turn these clips into a music video simply because this would give UMG a major kick in the balls. That may have been their plan all along or it was just their best option.

          Since they should have covered their bases then I would lay my money on MegaUpload for this court fight.

  • stinkpipe

    meanwhile the us of a holes is infighting with the determination of a pitbull on a grannies leg. there are just too many megauploads out there to care what the imperialist warmongers think is legal/illegal. ***k ‘em i say, too many lawyers and too many crap music artists and film makers, ban the lot of them and stick them in alcatraz lawyers and all. shame you americans couldn’t use some of that negative energy to good causes, next time vote in a woman, nahhh never happen, they’re all too busy making porn films….meanwhile back at the batcave dldndldldnnnnndddlll pow bam ooooch

  • Simba

    gf

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  • Charles

    Perhaps some bright, young, class action lawyer will file a suit against Universal on behalf of the billions of people in the world who were deprived their right to gain enjoyment from this perfectly legal video because of Universals bad faith use of current law. Even an award of 1 cent each would put Universal in a world of hurt.

  • Brad

    Don’t care about this video. Care even less now that there is a glitch in Megaupload where this video gets downloaded instead of the file for every file i’ve tried so far. Thanks for the pissing match guys. Can we go back to the status quo?

    • Odius_metris

      Wow your comments are fucking retarded. Congratulations on offering NOTHING to this argument. Pissing match – hardly. These companies MUST do these types of things so the fucktards at Big Music will shut the fuck up. They are ruining the music industry as we know it. Period.

  • WmDan

    Sue the bastards! But not us, please

    http://www.UnambitiousUs.com – The Online Magazine for Time Wasters

    Movies, Games and Sports – now with YouTube Clip of the Day!
    Get your own stuff published!
    No ads, no bs.

  • UMG CAN SMD

    This is beyond an epic victory for those everywhere who want a TRULY FREE internet for all.

  • Anonymous

    phlpn.es/829r8s

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  • Guest

    After reading this, Megaupload is my new favorite online file service. I’ll be keeping a lookout for the relaunch of Megabox as well. :)

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  • Domantux9007

    Oh YEA

  • Anonymous

    LATEST NEWS

    Will.I.Am who was seen at this start of this Mega Song had his lawyer Ken Hertz send DMCA take-down requests for some videos. He says that he client did not give consent for creation of the Mega Song video.

    Universal are also claiming that this video is infringing the copyright of their person Gin Wigmore. Please search this video looking for such a clip when I can’t seem to find it.

    • Ven

      So Mega made the music video from clips taken from interviews, without even consent of the artists?

      That is even more of a slam dunk than I had originally guessed.

      • Anonymous

        No from my understanding they all gave their consent and endorsement but did not approve of being included in a music video.

        • Ven

          Not necessarily. They may have given consent and endorsement for the interview, but if it wasn’t for the song as well then Ken may still have a DMCA claim.

        • Anonymous

          Yes but the endorsement and interview still remains.

          Let me put it this way when on an endorsement video it is common to edit it sticking in graphics, logos and more and adding a background tune. You can see thousands of endorsement videos where this has occurred.

          In this Mega Song they are still talking and doing the endorsement when they have not magically changed to singing. There is graphics, logos and a background tune… just like any other endorsement video.

          Mega says they have major release forms allowing them to do as they desire with their image. So where is the problem?

        • http://twitter.com/akuma_river Brandelyn

          But isn’t Kim the only one who is singing? The rest are put on autotune and a melody is added to the back. Technically, I think that is still within the grounds of being within the contract rules even if it did not include a ‘no singing’ clause.

    • Anonymous

      Gin Wigmore from Wiki…

      Virginia “Gin” Wigmore (born 6 June 1986) is a New Zealand singer-songwriter. In 2009, she featured on the single “Brother” by Smashproof, which reached #1 on the RIANZ singles charts for 11 weeks. In 2009 she released her debut album Holy Smoke. On 7 November 2011, she released her second studio album Gravel and Wine.

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  • Dfgd

    Just when I was getting excited, noticed that megaupload has started hijacking their own links (via ice-films, to that stupid song). So even if they win, we lose…

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  • Someone

    The money it may or may not cost them in court if the charge is proved is nothing compared to what it would cost them if the video went viral and the general public became aware of the laws the labels are trying to push through and created enough outrage to stop said laws. So even if they lose, they still win.

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  • tribulate

    this is a perfect example of how easily this power can be abused! if a company gets butthurt they will use SOPA to manipulate and control what we can enjoy. Fuck that. Censorship in any form is unacceptable.

  • Jimbo

    latest developments here:
    h**p://arstechnica.com/tech-policy/news/2011/12/judge-gives-umg-24-hours-to-explain-takedown-spree.ars

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  • Anon

    Take it all the way and don’t settle out of court, something like this in the public domain will show mega corps like universal can NOT be trusted with this kind of power, sopa hasn’t even been passed yet and already big labels are showing exactly how they are going to abuse this.

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  • envelope

    The problem with this approach is that a) it is easily circumvented, so it will only stop LAW ABIDING citizens with the ‘don’t circumvent this either’ clause, and b) it has ENORMOUS potential to become a mechanism of control, rather than the flowers and hearts bill it is being dressed up and paraded around as by the big name corporations who have an interest in direct control over the freedom of their constituency, er, I mean demographic.

    By putting this faulty bill into place, you will only punish those citizens who are already obeying the law. Forget the arguments of free speech, and how harmful this will be to social networking (and the positive effects this has), the startups who can’t afford to fight legal battles because one user posts a link in a forum to another site, or the possible, “Oops… it wasn’t really against the law, just against our competitive edge, but we reported it anyway and had it removed for a couple weeks while you floundered and we enjoyed the extra income” scenario – THIS BILL IS FLAWED, AND WILL NOT STOP PIRACY. Do your homework, educate yourselves on the technical aspects – THIS BILL WON’T WORK. Now, we all already know this. It’s been publicized widely. Ask yourself this, and answer honestly – why do *you* think are they still trying to pass it? …

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  • Storm1110

    I’m completely against SOPA and the censorship of the internet. The taking down of MegaUploads video by Universal was ridiculous and unwarranted.

    ..That being said though, that video was insanely bad and the song was apalling! I really wish I never had to see or hear that ever in my entire life. :|

  • http://twitter.com/Itr0ll Pat Patterson

    Pdiddy supports Megaupload? WHATTTTTTT THE FOOK…………..Obviously megaupload has been bought and sold by the same neocons that are drafting this… This is nothing but controlled opposition…. Open your eyes!

    Look what happened to twitter/facebook/myspace/napster, all become whores of the people who wanted to control them in the first place.

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  • Sticksnstones

    What happened to Megabox” I had uploaded my music to Megabox, when I tried to go to my account after a few weeks, it now says Megabox Coming Soon and I cannot go to my account…What’s up?? Thank you…

  • Jason

    The truth is in the below link, thanks DoJ for illegally destroying our files on Thursday:

    http://pastebin.com/iquHfjBa

  • BTGuard - BitTorrent Anonymously

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