[SGVLUG] UMG vs Megaupload and abusing DMCA?
matti
mathew_2000 at yahoo.com
Sun Dec 18 17:58:26 PST 2011
Well, this is really odd...
Universal Music Group requested youtube to take down the video Megaupload posted.
originally people thought it was a DMCA take down, UMG now claims it is not. ( weird )
"Last week Megaupload, which has been the target of the RIAA’s and MPAA’s ire for its perceived role in piracy, posted a video in which a number of big-name stars sang about their support for Megaupload. UMG flagged the video via YouTube’s automated content management system. When Megaupload protested and re-posted the video, UMG removed it again."
"..Universal argues that its takedown is not governed by the DMCA in the first place..t UMG says ..the takedown was sent "pursuant to the UMG-YouTube agreement," which gives UMG "the right to block or remove user-posted videos through YouTube's CMS based on a number of contractually specified criteria."
In other words, when UMG removes a video using YouTube's CMS, that might be a takedown, but it's not aDMCA takedown. And that, UMG argues, means that the DMCA's rule against sending takedown requests for files you don't own doesn't apply.
YouTube provided Ars Technica with the following statement: "Our partners do not have the right to take down videos from YouTube unless they own the rights to them or they are live performances controlled through exclusive agreements with their artists, which is why we reinstated it."
I just watched the video, and HAVE NO ID4EA why UMG would think it has the rights
to request a take down of this video!
honestly, this really high lights what some are worried about the SOPA bill..
here;s the video..
http://www.youtube.com/watch?feature=player_embedded&v=K9caPFPQUNs
heres articles for reference: ( read the first one if you have only time for one. )
UMG claims "right to block or remove" YouTube videos it doesn't own
http://arstechnica.com/tech-policy/news/2011/12/umg-we-have-the-right-to-block-or-remove-youtube-videos.ars
Exclusive: YouTube Responds to UMG vs. Megaupload
http://www.webpronews.com/exclusive-youtube-responds-to-umg-vs-megaupload-2011-12
http://news.cnet.com/8301-27080_3-57344570-245/mystery-surrounds-universals-takedown-of-megaupload-youtube-video/
best
matti
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