Megaupload Video Reinstated, Universal Says “You Can’t Touch Us”

enigmax
December 16, 2011
147
MegaUpload,
UMG
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A week ago today, Megaupload’s now-famous Mega Song was on its way to becoming a viral hit, only to be cut down from YouTube by a Universal Music takedown demand. Following the filing of a Megaupload lawsuit the song is back online, but Universal are standing firm. You can’t touch us on DMCA grounds, the label says in a new filing, adding it can take down any material, even if it doesn’t infringe their rights.

The up/down nature of the Mega Song video has brought the handling of copyright infringement notifications and YouTube into the spotlight. The he-said, she-said accusations have been flying for the past week, both online and in the courts.

On Wednesday, Megaupload filed for an ex parte restraining order against UMG, in an effort to restrain the label from:

(1) attempting to bar the distribution, hosting, linking, or display of the MegaUpload Video at issue in this case; (2) submitting or advancing any “takedown notices” under the Digital Millennium Copyright Act; or (3) declining any request by MegaUpload to withdraw any takedown notices with respect to the MegaUpload video.

The judge in the case, Claudia Wilken of the US District Court for Northern California, deferred judgment until today (December 16th) to allow UMG a chance to respond.

The company did that last evening and its contents are set to take this controversy to a whole new level. First, a little background.

In an attempt to reduce instances of copyright infringement, YouTube created the Content ID system (further analysis in respect of this case from Ben Jones) which gives copyright owners the opportunity to take a number of actions should their content be uploaded by other users.

Rights owners can choose to ‘monetize’ videos through adverts, restrict access to them on a regional basis, or initiate a worldwide block. In its action against Mega Song, Universal chose the latter.

But while one might naturally expect that UMG made a legitimate DMCA takedown complaint (and one that has legal implications should it be wrongfully made) Universal insists that was never necessary.

“The UMG-YouTube agreement grants UMG rights to effect the removal of user-posted videos through YouTube’s Content Management System (‘CMS’), based on a number of contractually specified criteria that are not limited to the infringements of copyrights owned or controlled by UMG,” the record label states in its filing.

What that means, in case the preceding paragraph wasn’t clear enough, is that UMG has a private outside-the-DMCA agreement with YouTube that it can take down other people’s content from YouTube even when it doesn’t infringe their copyrights.

Indeed, in UMG’s 18-page filing not once does the company give any reason or even a hint why it had Megaupload’s Mega Song taken down from YouTube. At no point does UMG claim that the video infringed its copyrights and the previous claim, that the video featured one of its artists, is completely absent.

Nevertheless, as the legal battle continues in the background, Megaupload is today celebrating a significant interim success.

“Victory,” said Megaupload founder Kim Dotcom in an email to TorrentFreak this morning. “Our video has been restored on Youtube!”

It appears that Google-owned YouTube gave UMG an ultimatum – show us you have the right to stop us displaying Mega Song or it’s going back up. UMG deliberately missed their deadline to respond (UMG say it treated YouTube’s statements as “self-effectuating”) and now the video is back online and showing 286,000+ hits.

Of course, if Universal hadn’t deliberately censored Megaupload’s content the hits would have been substantially higher and the spread even more significant. Nevertheless, for opponents of overreaching and in this instance somewhat arrogant copyright holders abusing their position for their own ends, the Mega Song takedown is a gift that will live on.

“Our legal battle with UMG is ongoing and we are going to reveal the whole truth about this censorship and the illegal take down,” adds Kim. “Lets join together against Internet dictatorship by corporations.”

So once again, courtesy of YouTube, here is the Mega Song in all its glory. Will the viral campaign regain its momentum? Embed the video and let the readers decide.

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Ne

Where is the punch line? I don’t get the joke.
- Anonymous
  
  This is just like Universal saying “We can do anything we like and you cant do anything to stop us”
  
  Judge Claudia Wilken wont be much impressed. Your punch line will be her punishment.
  - http://www.facebook.com/mwonch Michael Wonch
    
    There will be no punishment. It isn’t that kind of action. If the judge finds against UMG, that clears the way for MegaUpload to file a civil suit (right now as well as any time in the future over similar matters). Even if MU does nothing further, a finding in their favor will also be on public record (Federally). Since US law is based MAINLY on precedence, this will clear the way for ANYONE to sue over unethical uses of DCMA.
    
    As the article clearly states, UMG’s overreach is very likely a blessing in disguise. Great timing, too! A finding against UMG would effectively gut SOPA before it’s even passed and signed.
    - Anonymous
      
      The ball is currently up in the air on this one and the Judge will soon determine where it will land.
    - SomeAsian
      
      Perhaps it is possible to get them on violation of first amendment rights if it is indeed outside the DMCA. It’s a stretch, but Mega may even be able to get UGM for tortious interference for messing with their business.
      
      I’m no lawyer, so if anyone is, are these viable options?
- Torrentguy
  
  Megaupload is shit, go download from http://www.deviloid.net
  - Bakapinkuu
    
    Torrentguy is $#!&, go download from spammercanbitemyarse.com
    - Torrentyguy
      
      Huahahha !!! your site is shit
      http://www.deviloid is far better !
Daniel Meah

haha result !!
- time to troll
  
  +1 Small victory.
  
  The battle to save our internet continues
  - Ven
    
    Youtube is now denying that they gave UMG those kinds of permissions:
    
    “Our partners do not have broad take-down rights to remove anything they don’t like from our service. In limited cases, if they so choose, and based on exclusive agreements with their artists, partners can take down live performances.”
    - Kitsune219
      
      That’s true but, UMG claimed that somewhere in 2009 that they made an agreement with YouTube that allows them to claim copyrights, even on things they don’t own! of course I’m pretty sure YouTube is right in that that did not in fact happen but they were probably pushed by UMG to let theem claim copyrights. here’s how I know: http://www.youtube.com/watch?v=JhwuXNv8fJM&src_vid=_6Ye21JEOOo&feature=iv&annotation_id=annotation_317237
Anonymous

What I find most interesting here is that if YouTube are running their own system and if it is true that this is not done under DMCA law then that would mean YouTube is EQUALLY LIABLE FOR LETTING THEM DO IT. Mega sues YouTube could then happen.

I cannot believe YouTube would plan this and instead believe it is more like… Local Claim, Local Denial, DMCA Claim, DMCA Denial. So that would make YouTube not liable but UMG would be under DMCA law.

Very interesting anyway YouTube run their own law of false censorship without punishment.
- Derp
  
  I’ve never liked YouTube after Google bought it because I have never liked Google.
  
  Needless to say, now I like both of them even less.
  - Prick
    
    And we care because….?
    - Anonymous
      
      I think the investors would care if Google/YouTube were running an abusive system. Watch their share price fall.
- http://twitter.com/icanhazsake Ninja
  
  “The UMG-YouTube agreement grants UMG rights to effect the removal of user-posted videos through YouTube’s Content Management System (‘CMS’), based on a number of contractually specified criteria that are not limited to the infringements of copyrights owned or controlled by UMG,” the record label states in its filing.
  
  This is just wrong. As you said it does put Google in a bad position and adds liability. Expect Google to come out to challenge this. If they don’t it’ll be fucking scary and their credibility will be in serious danger.
  
  It’s outrageous how UMG thinks it’s above everything and anything. They need some serious damaging slap. I hope Google joins Megaupload in the lawsuit.
  
  Man, and I thought I had seen everything. The copyright morons get worse and worse as time passes. I’m beginning to think we need some heads chopped. For real.
  - Ven
    
    The problem is that Yout-oogle can’t fight UMG. The dominance of Youtube revolves around the amount of MPAA and RIAA content that the site has up, that the RIAA/MPAA allow to be posted. When you fight an all out war with them, they simply pull their videos/music and move elsewhere.
    
    Youtube would be gutting itself to not have that content. What they need to do is fight the way that the DMCA forces them to allow this kind of behavior. Change the laws, not the site they choose to host stuff on.
    - Christophe Thomas
      
      well that’s not so simple … those things usually cut both ways. Of course you can decide to pull all content from you tube – but this will reduce exposure a lot. Many companies need that kind of exposure for their artwork (movie trailers, songs, clips) to drive revenue, sales, branding ect. – I simply don’t think the big player will pull content from the internet – not from a place like YT – but it s going to be interesting how this will spin off over time …
    - http://twitter.com/icanhazsake Ninja
      
      Really? I rarely watch anything MAFIAA related in Youtube. And where will they move? DailyMotion or others who give a shit about copyright (just complying with DMCA notices to keep their safe harbors)? Google went to great extent to provide the MAFIAA morons easy and fast ways to remove copyrighted content. They won’t find anywhere else that’s willing to go that far. Better to keep Youtube in the spotlight and the rest in the shadows.
- Anonymous
  
  I was just thinking that for YouTube to avoid lawsuits they could include a usage clause that would allow third parties to make you their bitch.
- http://profiles.google.com/artfulldragon TL Dragon
  
  I don’t really see how youtube would bear any culpability legally. Granted, they are cowardly douchebags who err on the side of covering their own ass in any and all circumstances, but they have no obligation to provide their service if they don’t want to.
  
  Problem here is UMG lied like a bitch dog and triggered youtube to remove something it had no reason, and perhaps more importantly, desire to. Youtube said, “Hell yeah! upload that sucker and lets get some ad’s clicked mf’ers. Money money money lets viral the shit outta that bitch.” Then UMG comes along and takes a wiz in their wheaties.
  
  I would love to see UMG left pissing itself and sobbing hysterically after a massive court loss, but it just isn’t going to happen. Even with the admission, nothing has really been lost. No way can mega prove that video would have had a value. It’s not illegal to be a lying asshole (sadly) and there is no real enforceable contract involved here.
  
  DMCA doesn’t apply here because youtube made agreements that go beyond simple DMCA. UMG lied to a private company who gave them the leeway to lie. Whats mega going to argue? That youtube made a retarded agreement with media douchenozzle’s? Sue youtube for not suing UMG?
  
  IMHO Youtube is the only one with an arguable case since it was their agreement with UMG that was breached. It’s not a simple TOS issue either, there is an actual contract agreement with specifics between the two business entities. Youtube is out the loss of traffic, and they will have no problem proving that by simply pointing to the number of views prior to the takedown.
  
  TL;DR: UMG didn’t remove the video, it simply asked youtube to do it, and youtube did. Youtube is a little p***y and if they want to take something down, they can. No harm no foul, it is their right.
  
  I don’t even really understand why so many douchenozzle’s use youtube. It’s one big shitty ad with 15 trillion little ad’s. May as well sit around and read all those penis enlargement emails that clog up everybody’s spam folder.
  - Zig
    
    “No way can mega prove that video would have had a value.”
    
    It’s a marketing/sales video advert for Mega’s services, NOT a music video. Therefore they can EASILY prove the video has value.
  - Anonymous
    
    you are incorrect, UMG did not trigger removal, they have a tool youtube gave them(due to dmca fears) that lets them remove any content they want without verification by youtube, it forces the video’s poster to fight to get the video put back, this is what happened here, youtube im sure had to put a block on umg’s tool to keep the video up this time as well.
    
    the fact is, the claim/removal was done under the guise of DMCA takedown(hence the dmca takedown notice on the video page after UMG removed it) they first used Will.I.Am (sp) to justify it but have abandoned that as it was a lie.
    
    false DMCA takedown notices are to have legal consequences under law, but the govt has never enforced this because most of the DMCA notices sent are from companies that are supporting them or religious institutions (post anything that questions Christianity or Islam and watch how quick youtube tells you somebody sent a notice… diffrance in that case being that youtube tends to ignore such notices, where UMG and other large media companies can use their tool to remove the video without any oversight.
    
    false DMCA takedown notices/takedowns are punishable by law, its considered purgery (sp) and holds fines and jail time…..but now that corporations are people, how do you jail a corporation?
    
    would be great if every single employee of said company got tossed in jail/prison for this kinda thing….would make me laugh my ass off…
- Manabi
  
  I think UMG’s trying to be cute here. Yes they have an agreement with YouTube outside the DMCA, but it’s part of the content management system Google setup to help copyright holders more easily deal with infringing content (basically to help them identify and issue takedowns (if they desire, or monetize it if they prefer) more easily. It obviously has features that check filehashes for duplicate uploads, but also apparently can scan audio for music as well.) But the actual takedown still has to be lawful, and Google’s far from stupid, they will have specified this in the contract. They’re not going to take the fall for UMG, and their ultimatum to UMG about putting the song back up shows this. Expect to hear more from Google now that UMG’s claiming that their agreement with Google allows them to do whatever the hell they want. That’s sullying Google’s name, they’re not going to take fondly to that.
  
  Would be awesome to see Google sue UMG for breach of contract while MegaUpload continues their civil suit.
- http://www.twitter.com/echoman74 echoman
  
  The content id is used not only on youtube but many other site’s just think of it as protecting themselves before shit gets ugly it gives the claimant time to show proof that it’s their copyright. As you can clearly see what’s happening right as we speak.It’s not to shut the user down but just think of it as being a third party lawsuit. If you think the industry likes Youtube/Google think again going after the big search engines aswell as youtube “They Demonize youtube.”
  If you ever get a chance read a book called “Free Ride, by Robert Levine” theirs even a part where this book mentions torrentfreak,
- Ven
  
  Youtube reserves the right in their ToU to delete anything they wish at any time. Can’t touch them for removing your content.
  - Ven
    
    “Our partners do not have broad take-down rights to remove anything they don’t like from our service. In limited cases, if they so choose, and based on exclusive agreements with their artists, partners can take down live performances.”
    
    Youtube spokesperson said that. (http://www.webpronews.com/exclusive-youtube-responds-to-umg-vs-megaupload-2011-12)
    - FinalApokylypse
      
      As you say though, Youtube reserves the right to take down content at anytime as uploads all have to agree to their TOU. MU has no case against YT and visa versa, its whether YT has a case against UMG and even then whether they’d follow through now.
    - Ven
      
      @FinalApokylypse
      
      One of three issues could be argued from Youtube’s position:
      
      - DMCA tools are abusable, therefore DMCA needs to give more time to content providers to manually pursue takedown requests.
      - UMG is abusing DMCA tools, more legislation is needed to prevent this.
      - UMG/RIAA/MPAA is such a large force that they can abuse systems without fear of their content being removed because YT dominance depends on it. In this case, the government should look into dividing these organizations as they are functioning on monopolistic or oligopolistic principles.
Sketch

stupidest song and vid i ever saw…….
- think of playing CHESS
  
  not the point.
- Zig
  
  It’s an advert for MegaUpload – not a music video.
- Frop
  
  Better song than what’s out there from UMG label.
http://twitter.com/MAFIAAFire MAFIAAFire

Wouldn’t mind copying and posting this to our channel… (and would be fun if everyone else did it too!)

but I wonder if MU is cool with that or just want the hit counter to go up at only this video in this youtube channel…
- Anonymous
  
  You can embed YouTube videos without downloading them to your site.
  That way you promote the content but they still get the views.
- time to troll 2 fight sopa
  
  embed
  - Anonymous
    
    Embed:
    a : to enclose closely in or as if in a matrix
    b : to make something an integral part of
    c : to prepare (a microscopy specimen) for sectioning by infiltrating with and enclosing in a supporting substance
- http://www.twitter.com/echoman74 echoman
  
  I would say contact them first ask them so you don’t get in trouble. That would be a DOUBLE WIN :)
  Or favorite the video and play it as your featured video lmao.
http://varemenos.com/ Varemenos

“it can take down any material, even if it doesn’t infringe their rights.” the fk…
Anonymous

Can censorship be defined as a “private” corporate arrangemet between three companies (UMG, Google, YouTube) that control access to such vast portions of intellectual property, such that prior
restraint on a third party’s intellectual property (MU) is not a cause for
damages and/or injunction.

Who are the legislative moral and mental defectives who can take pride in having written such a thing into law?
- http://torrentfreak.com/ Rob8urcakes
  
  Such a private contractual agreement is HIGHLY unlikely to be supported by statute law, but there should be an existing law already current and active to allow damages and reparation claims to be grounded where such a private contract adversely affects the business of a 3rd party.
  
  I know that’s how things would operate here in the UK, but I know almost nothing of US law, and I aint gonna assume there’s any commonality let alone too much sense.
i3o6

By which contractually specified criteria did they have the right to take it down?
http://twitter.com/icanhazsake Ninja

So we all should be able to take down whatever we want. I vote we start with Justin Bieber!

I’m joking but I think we all can see where I’m going at….
- time to troll
  
  Troll Bieber fans.
  Make sure to tell them that……. Ninja.
  Offer a link to http://americancensorship.org/
  
  Even just one comment on twitter will help
- Zig
  
  In theory you’re on the money, but in practice UMG are claiming that they (and they alone) have a ‘special’ private contract with YouTube (Google) outside the standard DMCA rules which allows them extended privileges to issue takedowns to material they have no claim over. Therefore, unless you can also get a similar agreement to a contract from YouTube you’ve no chance… shame… be nice to get all UMGs material taken down.
  - http://twitter.com/icanhazsake Ninja
    
    Oh but you’ve got a chance yes. If I own the rights to some content and another person/company send bogus DMCA notices you got a huge chance here of suing the hell out of them. And even if you don’t own the rights they cannot remove anything they don’t own the rights.
    
    No really, you have a lot of chances. Unless SOPA passes. Then we are doomed.
http://twitter.com/icanhazsake Ninja

The US Govt. Answering your last question.

And I do think this violates a few Constitutional rights. Not that the US Govt cares with the Constitution anymore.
http://www.facebook.com/people/Don-Dilly/1624894683 Don Dilly

Only a MAFIAA member could shoot themselves in both feet with a single bullet.

While UMGs actions might be within the scope of a poorly written agreement between them and Google (assuming Google drew up the agreement) It isnt within the law.

In this case however UMG rather than utilising one of the MAFIAA fronts, is exposing itself to bad PR, alienating itself from music lovers it is trying to attract or keep while at the same time giving publicity to mega’s viral campaign and showing them as victim of corporate bullying.

It is behaviour like UMGs that entrenches attitudes of music lovers and media buyers in general not to buy corporate media or at very least hold their noses while doing so. Inciting such attitudes among clients in itself leads to a long term unsustainable business model
- http://torrentfreak.com/ Rob8urcakes
  
  lol, fecken brilliant line Don,
  “Only a MAFIAA member could shoot themselves in both feet with a single bullet.”
  
  Apart from you eliciting that epic scene of John Wayne (in True Grit I think :o ), I hope you don’t mind me using it elsewhere or in future my friend?
  
  Unless UMG or the MAFIAA decide to get it taken down from OUR INTERNET for reason of an unfair contractual term that’s in breach of our fundamental human rights to freedom of speech.
  
  No wonder so many pro-business, paid-for politicians despise Human Rights laws and Treaties – the bunch of fascist asswipes huh?
  - http://www.facebook.com/people/Don-Dilly/1624894683 Don Dilly
    
    Well I could just issue a DMCA takedown if you did :-)
    Use and abuse it as you see fit.
    
    I actually thought of the one from the shooting yourself in the foot phrase and recently seeing for the umpteenth time a docu on the oswald/jfk magic bullet and the improbability of a single bullet turning corners and hitting two people.
    
    That also followed my line of thought that aside from the official version, Oswald is widely accepted as a patsy either doing someone elses dirty work if he in fact pulled the trigger at all, which feeds into the fact UMG has plenty of patsies they could have used but were dumb enough to do this themselves.
    
    Will have to see if that true grit scene is on youtube lol
http://www.facebook.com/people/Alexander-Anderson/1094485930 Alexander Anderson

Why would google grant them the right to take down any song? that’s absurd
- http://torrentfreak.com/ Rob8urcakes
  
  Abso-fecken-lutely spot-on AA, “absurd” is EXACTLY the right word for this stupid and crazy contractual agreement between two MAJOR players in all our lives.
  
  Fecken shameful, the pair of them :(
  - http://twitter.com/icanhazsake Ninja
    
    And yet I’ve yet to see an official position from Google about UMG playing the Almighty role. Worrisome. I still hope it’s just UMG delusions.
- Manabi
  
  Right now you just have UMG’s word for that, and they’ve already lied more than once in this whole saga so I wouldn’t put much stock into what they say. I’m betting the actual contract specifies that any takedowns must be lawful (abide by the relevant US laws, which would be the DMCA).
i hope

I hope megaupload sues for loss of income.
http://twitter.com/DARKFiB3R DARKFiB3R

omg, all that fuss and the video turns out to be fucking horrible. How much did they spend on that shit again?
- Anonymous
  
  $3 million
  
  Awful or not this is an advert and in that regard it has been extremely successful.
  
  To make you afraid this is Kim Dotcom’s first product from his future in the music world where he has much more media to follow. I am not sure if that will be MegaUpload themed though.
Cyke1

Sad that they even admit what they did was questionable, that they have power and will use it to remove videos they have no legal right to. Hope this judge is one that won’t bend over like most have.
http://twitter.com/flyyspitt flyyspitt

If SOPA come into law ??…YOUTUBE will die a quick death then it will resort to sites having their OWN video players..
- Anonymous
  
  If SOPA affects YouTube, Google will move their operation abroad, costing the US billions in tax.
- Danny
  
  No video player required these days with HTML5, you can view youtube using HTML5 instead of flash.
http://twitter.com/flyyspitt flyyspitt

The NAPSTER/Hydra effect..

You cant stop it unless you shut it all down…
http://torrentfreak.com/ Rob8urcakes

Using MAFIAA accountancy methods, I’d estimate MegaUpload lost around 1 to 2 TRILLION bucks due to -
1. the various unlawful takedowns;
2. the adverse effect on MegaUpload’s good standing and reputation as an honest business;
and,
3. the resultant losses MegaUpload will suffer as a direct and indirect consequence of UMG’s erroneous, spiteful and unlawful actions.

Go MEGA – we’re with you 100% with a MEGA-thumbsup.
Anonymous

This just keeps on getting better
So not only do they admit taking this video down illegally but they also accuse YouTube of being in a conspiracy with them.
I’m pretty sure they don’t want to make an enemy of Google over this so that claim is extremely rash.

As for their claim about Will-i-am performing without their permission, even if he did that would be a contractual matter between them and him and nothing to do with MegaUpload so no wonder they dropped that pathetic argument, not that the current legal squirming is much better. Also, performing without their permission, is he a slave, do they think they own him?
It seems that the media industry has so much support from lawmakers that they now consider themselves above the laws that apply to the rest of us.
http://torrentfreak.com/ Rob8urcakes

TF wrote, “So once again, courtesy of [Google-owned] YouTube, here is the Mega Song in all its glory.”

No thanks Andy/enigmax, I’d much rather use vimeo.com or one of the many other vid-hosters than use the “We do your evil” censorship cowards at Google who are day-by-day shooting themselves in the foot with their crazy policies complying with the MAFIAA and their ilk in shutting down the internet or parts thereof.

Google & YouTube & MAFIAA = Epic FAIL
MegaUpload = Epic WIN
http://twitter.com/Mathew30 Mathew Lisett

The UMG-YouTube agreement grants UMG rights to effect the removal of user-posted videos through YouTube’s Content Management System.

WTF. so if i posted a video of me, they could force a take down.

which google muppet thought this was legal and signed the agreement.
- Danny
  
  I believe this was all hashed out years ago when the MAFIAA were suing youtube for all the film rips that were appearing on there. They were found liable and youtube only exists today because of this agreement. This must be abuse of the agreement though!
Louigi Verona

Let’s say I create a private video hosting service. Then I say – guys, you can put up your videos on my servers, but do note that due to my private reasons I may take down your videos and your account at any time. Apologize in advance, but these are the conditions on which I allow videos on my servers.

The only problem is that people think YouTube is their property. It is not.

Copyright law is wrong. YouTube is just a private entity and they are not wrong.
http://twitter.com/ScytheNoire ScytheNoire

Doesn’t matter, MAFIAA is going to get SOPA & PIPA passed and team up even more with the corrupt US Government to attack free speech. America is falling, Democracy is dying, and the New World Order has already happened.
Flushed

“What that means, in case the preceding paragraph wasn’t clear enough, is that UMG has a private outside-the-DMCA agreement with YouTube that it can take down other people’s content from YouTube even when it doesn’t infringe their copyrights.”

Thats some scary shit. So if I decided to make a new production/supply company in the music industry. Offer out my services to all artists for nothing. Decide the best way to advertise this is a youtube video. UMG could just take down my advertising campaign..

Now thats complete BULLCR*P. Thats pretty much what they have done here. They have ruined (a little harsh I know) MU’s advertising campaign. Thats like heinz telling ITV to stop running HP baked beans adverts. It should never be allowed
- http://pulse.yahoo.com/_PXX4S66KOUIGIKTTIMV3CBGO7Y Colin
  
  If you decided the best way to advertise this is a Youtube video;then we’d all know you were barking mad. ;)
Themadhair

To be honest I think UMG trying to sidestep the DMCA issue is a fuckup since Vimeo doesn’t have a content ID system. Regardless of what the situation on YouTube is, UMG has filed DMCA notices in this mess.
- Themadhair
  
  Actually, thinking about it a little more UMG has to have filed a DMCA notice. Whenever a video is removed using the automated system a YouTube user has the option of disputing the claim. This results in the video being quickly restored, and I suspect this happened in the Megaupload case. For the video to have been removed for a second time a DMCA notice would have been needed.
  
  Am I wrong on this?
UniversalSoldier

Ok Universal. But keep in mind that we are going to download and seed all your crap movies and you cannot touch us, even if it does infringe your rights.
Solidmass

fuck youtube then. wtf? this needs to be exposed. Censorship has been happening to many artists via youtube because individuals have no recourse in these secrets deals. UMG has been removing indie artists’ videos for over a year now with little or no notice. FASCISM
https://thepiratebay.org/user/manOtor/ manOtor

“Our legal battle with UMG is ongoing and we are going to reveal the whole truth about this censorship and the illegal take down,” adds Kim. “Lets join together against Internet dictatorship by corporations.”

…says another corporation?

And for this far too long 4:19 advertising video/song: No thanks ;)!

Sure, I’m all for fighting censorship by any means, but I sure as hell wont join any corporation to fight the other – as far as I’m concerned put them all in one sack and hit it with a club.
Iffhuqai

“You can’t touch us on DMCA grounds, the label says in a new filing, adding it can take down any material, even if it doesn’t infringe their rights.”

then we’ll pirate away and UMG can BLOW US.
pretty fair, right?
oh wait, it happens already
Anonymous

tinyurl.ie/7fb
Jmorse43508

UMG: “You can’t touch us.”

Internet “pirates”, etc. Anonymous: Challenge Accepted.

Seriously, it sounds like UMG is just asking to be taken down a few notches here. It kind of reminds me of what happened with Crossley or Gene Simmons when they got a little too uppity for their own good.
Pingback: Megaupload Video Reinstated, Universal Says “You Can’t Touch Us” | TorrentForce Blog
Kr0nz

If UMG in fact had an agreement with google that UMG can take down what ever video they want, then wouldn’t google had violated the contract by reinstating the video ?????

I think UMG are just talking crap
- http://profiles.google.com/orfetheo Orfeas Theofanis
  
  true. And I don’t believe google would have given those assholes such power…
  Impossible! It’s like giving the rights of every youtube video to UMG o_O.
  And if they really did that and people learn about it… Bad news for youtube!
  Let’s start posting alternatives to it?
  http://www.metacafe.com
Ur

Oh man this is one of the most brilliant advertising campaigns I’ve ever seen. Megaupload is going to make huge sums with this, pretending to be the friend of pirates.
http://www.facebook.com/people/Ender-Wiggin/100000885624281 Ender Wiggin

bitches must have forgotten about copyfraud laws..
Sagat

Who knew law could sometimes be exciting?
DMCAbash

I see many of you have forgotten that when UMG did block the video it did spit out this message

“This video contains content from UMG, who has blocked it on copyright grounds.”

so that is still a False DMCA or Theft of copyright content by UMG when they have asserted the video or part of it belong to them
- Anonymous
  
  This video contains content from UMG, who has blocked it on copyright grounds for some very vague reason.
  
  Sorry about that. It’s cool, we said it was OK.
Anonymous

So how do people feel now after we come to realise that the governing law as we know it is pointless and all we are would be sheeple herded by ultra private agreements between two companies?

A lot of people have spent much time figuring out how YouTube’s content protection system works and now they have to bin their ideas and start again. The most concerning aspect is what little rights they thought they had has now been exposed as a fantasy when they now live in a nightmare world of no control or protection over their own creation.

If YouTube can make such agreements with Universal then it does not take long to ponder the powers of others like Viacom. I think YouTube could lose a lot of business over this one when so many users will be deeply unhappy.

We can only hope that UMG are bullshitting the Judge, They have lied before so why not now? The one thing that is most true to say is that everyone will now want to get a copy of this YouTube-UMG contract to see what YouTube would have gained through signing away whatever of your rights they did.
Pingback: Megaupload Video Reinstated, Universal Says “You Can’t Touch Us” | Links Daily
saulgoode

I can see that UMG’s request to YouTube may not have been an official DMCA takedown notice, but what about the takedown notice they issued to Tech News Today who displayed part of the video during a news story? Unless UMG is claiming copyrights on the video, surely that was an abuse of the DMCA safe harbor clause.

http://twit.tv/show/tech-news-today/391
- Anonymous
  
  Yep, this is key here. UMG took the video down everywhere, not just youtube. Unless it somehow has special agreements with everyone, they’re in trouble.
- FinalApokylypse
  
  Just letting anyone know that if you use that twit link the MEGA stuff is 26:10 minutes into it. Nothing new and it must have been fillmed only just after MEGA filed suit. Point of note that they too think its an abuse of DMCA.
Anonymous

I have been doing some reading up and I have an idea what is going on here.

YouTube has of course been working closely with UMG on their Vevo service. We can begin to see what happened here when YouTube gave UMG the right to remove UMG artists from YouTube to put them on Vevo.

UMG abused a loophole in this agreement by removing a certain UMG artists video from YouTube without putting it on Vevo. YouTube has since got mad with UMG abusing the spirit of this agreement and told them to knock it off.

UMG could well be correct that DMCA law does not apply. This can also be seen as their fatal mistake when this also means they do not gain DMCA protection. In other words Mega can now sue them directly for trying to sabotage their advertising campaign and no YouTube agreements can protect them from the law.
- http://profiles.google.com/zerianis10 Christopher Kidwell
  
  They are nowhere close when they say that the DMCA law does not apply, to be totally blunt here. A ‘word of mouth’ contract does NOT EVER supercede a WRITTEN LAW.
  
  Especially when it is state or federal law we are talking about.
  - Anonymous
    
    DMCA law applies when someone uses an official DMCA form to “take down” media from a DMCA safe harbour company.
    
    UMG have stated they have never used such a form and instead used an internal YouTube process to disable it. That would make it very doubtful that this case would apply to DMCA law but is for the judge to decide.
    - FinalApokylypse
      
      Even when it reports is as a DMCA takedown? Surely the process was designed solely for DMCA otherwise that message would not be shown?
    - Anonymous
      
      Well if it is reported as a DMCA take-down there may be hope but this may be a case of YouTube reporting this wrong.
      
      I think YouTube have still left themselves jointly liable with what UMG did through allowing them to do it but it would be unfair to punish them for having their tools abused.
    - Anonymous
      
      Someone will be liable however – either Youtube or Universal.
      
      If Universal takes the hit, well and good. If google does, I imagine Google in general will be far more restrictive with the way they provide services above and beyond the minimum allowed under the DMCA.
      
      Win-win situation, I’m thinking.
MG

Need more blacks in the video.
http://www.facebook.com/javi.muniz Javier Muniz

It seems that the best thing you can do in response to this as an individual is simply sign up for mega upload. That’s what UMG was trying to stop by taking down the video, right?
http://profiles.google.com/zerianis10 Christopher Kidwell

Universal is bluffing here. The fact is that abuse of the DMCA process has very severe fines attached to it and, in some cases where there is a pattern of abuse, jail time attached to it.

Now, Universal might try to pass this off on some underling, saying “This person did this on their own!” but you have to ask yourself “Who gave this person the presumed authority to send these notices? UNIVERSAL!” So they are still on the hook.
- Anonymous
  
  Here’s what really happened, imho. Universal has an automated tool which generates takedown notices. That tool is managed, if at all, by one or two people incapable of even making a token notice of what videos are under copyright or not. Once a video is placed on the blacklist no effort is made to remove it – and it’s dubious if Universal even has a routine for doing so.
  
  Hence from the time the video was flagged as an infringement that video kept on getting flagged every time it appeared on Youtube without anyone on Universal keeping track of it, checking twice, or giving a damn in general.
  
  And that leads to Universal now going “Oooops!” over a situation which I’m pretty damn sure every IT operator helping them to set up the tool in the first place MUST have told them was a danger. And which they most likely ignored.
  
  Which now gives them the only option of obfuscating the issue and hopefully delaying it in court until the point where they can walk away with a minor settlement two years down the road after the furor dies down.
  
  Meanwhile I’m guessing this is opening the door for numerous class-action suits since I very much doubt Megaupload is the only Youtube-user hit by casual and erronous DMCA takedowns.
Alyssa Blindy

I wonder what the conditions are for Universal to be allowed to go and take down a video from youtube like that. I wonder what, exactly, the contracts that have been signed say. This could bring the truth out from under the rug, possibly.
- Anonymous
  
  YouTube has spoken…
  
  “Our partners do not have broad take-down rights to remove anything they don’t like from our service. In limited cases, if they so choose, and based on exclusive agreements with their artists, partners can take down live performances.”
  - Alyssa Blindy
    
    Hmmm. Well, that’s loud. Where did that quote come from? Where did oyutube say that?
    - Anonymous
      
      Obviously many people have been asking YouTube their opinion on what is going on here.
      
      As to references…
      http://www.webpronews.com/exclusive-youtube-responds-to-umg-vs-megaupload-2011-12
      
      and…
      http://thenextweb.com/insider/2011/12/16/youtube-denies-that-universal-music-had-rights-to-attempt-removal-of-megauploads-video/?awesm=tnw.to_1CHiT
    - Alyssa Blindy
      
      Well. Sorry for having you slave over sources to find that, but I like to verify that things are not being twisted, you know what I mean? I really wish this will show people Universal’s wrongdoings as it continues to play out. We can only hope for such an outcome.
HollywoodAnna

This could be an important ruling that would possibly leave SOPA/PIPA in the waters and never considered again. Hopefully. Don’t drop the case Megaupload!
Anonymous

I wonder if youtube’s terms of use say anything about universal’s right to admin youtube, and that you have to comply with universal’s views.
Dellsucks

ehehehe the only site that can get people to advertises and still have copy right files on it so great
Orange_william_fourseth

But really, that song is terrible.
AnonAnonymous

wait, you mean the free service you have all come to depend upon is now fucking you in the ass?

Who couldnt have seen this coming? Since its a free service, they have no obligation to keep providing that service and will always bow down to whoever is filling their pockets more. UMG and Vevo probably provide more revenue for youtube than most of its non-commercial subscribers COMBINED. You seriously think they give a fuck about you or your opinion? get over yourself, your not that important. YouTube could be gone tomorrow morning and all of your accounts closed and there is not a single fucking thing any of you could do about it except bitch and moan.

IF you want to work with a site that is concerned about your rights instead of sucking the teat of UMG, then you should look in to a paid service, that offers the same benefits as youtube, but is not FREE

I know it sucks to have to pay for something, but only in a paid world do you get the kind of backing you need from the company. Also, with the fucking ridiculous TOS youtube has, why would you want to participate in that clusterfuck

Why cant people see that this is the problem with free shit. They rape you in the TOS, sell all your personal information to the highest bidder, and make you fight to keep your original content posted on their service. Yea, what a great fucking concept google. Oh wait, didnt make enough on youtube, so you start your own social network so you can be like facebook and collect even more data on people and then sell it to fill your fucking coffers. I wish someone would DOX the entire executive board of Google and sell their personal information all over the fucking internet. Seriously, we are all letting them do this by participating in these free services…..when we remove the companies ability to make money from the service, they are forced to look for other ways to monetize it, which normally comes from ad revenue.

And lets all take a minute to be honest, the takedown had nothing to do with infringement and artist copyright, it has everything to do with it supporting MegaUpload. UMG and the MAFIAA have a fucking boner over MegaUpload and cant get over it. There is no doubt these organizations and their lobbyists were behind the DNS seizure of MegaUpload. That act, when paired with the video takedown shows nothing more than a clear intent on removing MegaUpload from the file sharing scene.

sorry all my thoughts came out in such a clusterfuck

We are legion
We do not forgive
We do not forget
Expect Us, Always
- Anonymous
  
  Fine. Show us one single “commercial” service which provides reasonable terms and contains the sort of catalogue which won’t force the average consumer to subscribe and pay for half a dozen “services” which come with intrusive (and mutually incompatible) DRM attached.
  
  The free services, unbelievably enough, are the only ones catering to the needs of the market in those two areas alone.
  
  And the actors capable of setting up paid services sink billions each year into lobbying attempts meant to guarantee no such paid service will ever exist.
  
  Hence the future looks unavoidably like alternatives paid for by ads running over darknets and not much else right now.
Pingback: Universal Music Says It Can Pull Content It Doesn’t Own From YouTube | Aspirepad
Dellsucks

Wen i gotta send my shifty music across the globe i use megaupload!
- Anonymous
  
  When I want to infringe the Black Eyed Peas I go to FilesTube search for their name and then select MegaUpload as the download source.
  
  I wonder if he saw that one coming?
Pingback: Megaupload, Universal and the DMCA-less Mega Song Takedown | U Torrent Free Download
How_funny

“You can’t touch us” = we are afraid.

If they new they couldn’t be touched they wouldn’t need to say so.

2012 is supposed to be a year of big change, lets hope it involves these corporate parasites being sued for everything they have stolen & then being exiled to a third world country.
PRIVACY is priceless to me

DMCA infringes the 1st amendment and so has no value, and I’m still waiting for the “messiah” Obama to repel it, ah ah ah, Obama is just a slave for the chinese world-masters.
And Universal (which was going to bankruptcy before being bought by a french tv channel for everyone’s misery btw) has no right to take down this video, they are showing their true colours as a terrorist dictatorial worse-than-nazi organisation, even Al Qaeda is better than that shitty MAFIAA!
- http://twitter.com/akuma_river Brandelyn
  
  DMCA is nowhere near perfect…but it was better than what was before…and since. I just think we should have a protection policy and a better regulation system of the copyright issues and possibly have judges that sign off on it. Too many abuses…but it’s better than no protection.
http://twitter.com/akuma_river Brandelyn

My copy of the video is back up. Not sure when it came back up, probably around the same time as Megaupload’s and possibly through the content ID system. I do know that I was sent a notice when it had been taken down and that I received no notice it was back. I just noticed because I got a comment on the vid.
- Anonymous
  
  I do think YouTube owe people an apology.
  - http://twitter.com/akuma_river Brandelyn
    
    I’m waiting to see if maybe their might be a class-action…considering I think a few hundred people did the upload mirror thing. And YouTube did basically violate it’s own TOS and DMCA…and there is the UMG thing too. Might be interesting to see what happens.
    
    Nothing quite as clear as a violation like this, effecting so many people, has taken place before. Not without Fair Use bumping in and this was a blatant copyrights violation on their part not ours.
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Anonymous

It would be a VERY GOOD idea if YouTube moved all its servers to the EU, so that they’re free of the pesky DMCA and if SOPA passes, they won’t be affected.
Tom Allen

So they stop paying uploaders completely leading to the sites visitors falling off a cliff, go look at their alexa. And they blow $3m on a useless music video. This guy is clearly retarded.
Navi555

This video has already gone viral, just because of this.
See also The Streisand Effect.
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Harquebus

Megaupload should start their own tube service. Preferably one that doesn’t use that Flash crap.
- http://www.facebook.com/profile.php?id=100002405313064 Maria Clara Oliani
  
  And that wont block videos all the time or copyright the owners… they should just let the users officially give credit to the owners of the stuff and leave the video alone. Way smarter than the shit youtube is becoming.
WmDan

Universal Gangsters?

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.
Anonymous

phlpn.es/829r8s
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Guest

“Universal Says “You Can’t Touch Us””

We will see about that.
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Tesla

I’d Just like to say, In Canada we have a law..interference with a person’s livelihood.
It allows you to shoot first and ask questions later..
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http://www.facebook.com/bohdan.cisar Bohdan Cisar

http://softdam.ru/?p=389
Youtube
Pronotube
MySpace
Stage6
Yahoo
Dailymotion
Megavideo
Pingback: Megaupload vs. Universal: ¿quién viola los derechos de quién? « Maritosv's Blog
Analcavity

UMG are filthy, pig-headed shills that need to be shown up. This is but a small taste of their doings. Not even 24 hours after protest they pull this crap. It goes to show they think they can do whatever they want regardless of what laws are in place.
Charles

Does anyone else think it is a coincidence that megaupload et al were seized and shut down by the DoJ a month almost to the day after this crap?
Jason

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

http://pastebin.com/iquHfjBa

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