In recent years, music industry groups have become increasingly concerned by tools that allow users to download MP3s from online streaming services, including YouTube.
These so-called ‘stream-rippers’ violate the DMCA’s anti-circumvention provision; they argue.
This position resulted in thousands of circumvention takedown requests, which prompted Google to remove millions of stream-ripper URLs from its search engine. These removals also triggered a legal battle between stream-ripper Yout.com and the RIAA, which remains ongoing today.
YouTube hasn’t taken an official stance on the ‘circumvention’ argument but since its sister company Google honors these takedowns, it seems to agree with the music industry. However, not all MP3-related sites are inherently problematic.
MP3.to
A few weeks ago, Spanish music industry group Promusicae flagged hundreds of stream-ripper URLs in yet another anti-circumvention takedown notice. Grouped in with popular stream-rippers such as flvto, Y2mate, and 2conv was a clear outlier: MP3.to.
It’s important to note that MP3.to is not a stream-ripping tool. It cannot download content from third-party sites. Instead, this online tool focuses solely on converting audio files between MP3 and other formats.
File-conversion tools that convert MP3s, without built-in access controls such as DRM, are unlikely to violate the DMCA’s anti-circumvention provision. However, that didn’t stop Google from honoring the request and removing the URL from its search engine.
MP3.to Fights Back
The removal, which also affected the associated AdSense advertising account, came as a surprise to MP3.to and directly harmed its business.
To remedy the situation, MP3.to’s law firm Boston Law Group sent a cease and desist letter to Promusicae, describing the takedown notice as defamatory and false. The attorney urged the music group to correct the error by issuing a retraction within ten days.
“The Notice’s allegations that the Website provides technology or tools used to circumvent a technological measure that effectively controls access to copyright works is categorically false and the Website unconditionally denies your allegations of wrongdoing.
“The Website does not decrypt any technological controls implemented to protect copyrighted works,” MP3.to’s cease-and-desist letter added.
In addition, MP3.to’s attorney Frank Scardino also sent a notice to Google explaining the situation. This letter explained that MP3.to adheres to relevant copyright law and doesn’t circumvent any protection measures.
Because there are no copyright infringements, MP3.to urged Google to undo all actions it took in response to the ‘false’ takedown notice.
“Therefore, the Website requests that Google disregard Promusicae’s Notice, restore Google’s Adsense account with respect to the Website, rescind any additional negative actions Google may have taken against the Website on account of the Notice,” the letter reads.
Google Restores MP3.to
After receiving these letters two weeks ago and conducting an internal review, Google eventually reinstated the MP3.to URL. The associated AdSense account is no longer affected either.
A Google spokesperson informed us that all websites impacted by takedowns are allowed to request a re-review, after which errors can be corrected.
“Our DMCA removals process aims to strike a balance between making it easy and efficient for rightsholders to report infringing content while also protecting free expression on the web. We provide extensive transparency and submit notices to Lumen to ensure accountability,” the spokesperson said.
Note: Google previously said that there is no formal counter notification process available under US law for circumvention.
Promusicae has not yet responded to a request for comment. It’s possible that this takedown request was an inadvertent error on their end, confusing MP3.to with a stream-ripper.
Familiar Target & More Backlash
MP3.to operator Johnathan Nader is pleased with the outcome. Regular readers may recognize the name, as Nader is also the owner of stream-ripper Yout.com, and is actively engaged in the aforementioned legal battle with the RIAA.
Nader, who has grown skeptical of music industry groups, finds it “interesting” that he is being targeted yet again. In this case, however, things were resolved in his favor.
This brings us to the final issue with Promusicae’s takedown request. As it turns out, MP3.to was not the only file conversion site targeted. The same notice also lists online-audioconvert.com, video.online-convert.com, and similar tools.
Although these reported websites do not appear to circumvent any technical protection measures, the listed URLs remain removed from Google’s search results at the time of publication.
