Megaupload Video Reinstated, Universal Says "You Can't Touch Us"�

[nsane.forums]

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.

View: Original Article

[beer]

Universal Casually Mentions Takedown Agreement With YouTube That Is Not Limited To Copyright Infringement

The latest development in the Universal-MegaUpload battle is almost as unexpected as it is troubling, and suggests that YouTube probably isn’t the neutral party you thought it was. In order to protect the Mega Song and get it back up on YouTube where it could stay unmolested, MegaUpload filed a restraining order against Universal that would keep them from messing with the video until they could provide proof of infringement, thereby validating the DMCA taked0wn request. In a bizarre twist, Universal has said that won’t be necessary: The takedown was not a DMCA affair but rather the result of a private contract between Universal and YouTube, the critera of which are not limited to mere copyright infringement. Say what?

It seems that Kim Dotcom’s impression that the takedown was through the DMCA — a very reasonable assumption, I might add — was quite incorrect. The takedown did not, in fact, have anything to do with copyright law, but rather this unseen agreement. I say unseen, because at the moment, no one in the press has been able to drudge up a copy. I have to wonder whether or not YouTube told Universal they could bring this all up.

In the statement to the judge presiding over the hearing about the restraining order, Universal said the following:

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.

Wouldn’t you just love to know what those “contractually specified criteria” are? Part of me wonders whether or not one of them is just “we don’t like it.”

For the moment, the Mega Song is back on YouTube, but it seems as though the victory might be a temporary and hollow one. There’s no real telling why it’s back right now, but the way things played out in the courtroom suggest that Kim Dotcom and MegaUpload really have no basis to argue that the takedown was illegal anymore. If it was a DMCA takedown, then yes, it would have been illegal and there would have been repercussions for it, in theory. But because it seems that the takedown is due to a perfectly legal agreement between two private companies who totally have a right to do this kind of thing, there may not be the kind of legal fallout everyone at MegaUpload was hoping for.

Of course, the most troubling thing about this all, is the surfacing of this Universal-YouTube agreement. I, and most others I think, had always assumed YouTube was a relatively neutral party in the takedown process and that their pro-takedown bent was just a bid to minimize liability. If they have an agreement like this with Universal though, it looks a lot more like YouTube is sitting in a plush, corporate pocket. The other thing worth wondering is: If YouTube has a takedown deal with Universal, do they have one with Viacom too? And who else on top of that? Hold on everybody, this just got a little weirder and a lot more scary.

(

source)

[Ambrocious]

Yeah, I an't tell you how many times my videos were blocked BEFORE they even went live. This is all utter bullshit and Im more than fuming pissed off.

It's OK though, they think that by crashing the current system that they can raise a system back up again in the way that THEY want it to be but they are gravely wrong. It will crash, the people WILL revolt (not just because of the coming entire internet collapse) and eventually free humanity will come out on top.

Do not be mistaken, the whole internet WILL be taken offline someday in the future because an open and free internet is the best way to spread information and truth and to grow personally in understandings both small and large. The elite, controle freaks as they are, want complete domination over us in every way shape and form (full spectrum dominance).

We win in the end of it all, but not before a LOT of suffering.

[alaindc]

http://www.youtube.com/watch?v=K9caPFPQUNs

From the vidéo

VICTORY AGAINST UNIVERSAL MUSIC GROUP.

Read this story for more information: http://bit.ly/rTa78D

The Mega Song is back, BUT...

Our view-count on Youtube is censored:

Youtube says: "Because this video has been claimed by a copyright owner, statistics cannot be made public".

It seems like UMG is still claiming copyright over this video.

Our lawyers shall deal with this ASAP.

The Mega Song by Kim Dotcom & Printz Board.

Vocals by Printz Board, Kim Dotcom and Macy Gray.

Also in the video Will I Am, P Diddy, Kanye West, Kim Kardashian, Lil John, The Game, Floyd Mayweather, Chris Brown, Jamie Foxx, Serena Williams and Ciara.

Join the fight against SOPA.

Lets join together against Internet dictatorship by corporations.

Thank you all for your support.

[myidisbb]

that woudl be still breakign the law and megaloads rights. freaken sue them