The Megaupload versus Universal Music Group saga continues, with Universal demanding Monday’s episode of Tech News Today be yanked from YouTube, simply for reporting on the situation. The show’s producer, Tom Merritt, says he wasn’t even aware of the takedown of his show until fans alerted him via Twitter. He filed a complaint via YouTube’s automated process and his show was quickly restored, only to be pulled again on Tuesday morning after Universal filed an official DMCA takedown request.
As for the “Mega Song” which started the whole controversy? It’s back online for now, after YouTube told Universal they needed to provide additional information to keep the video off its sharing service. However, Universal lodged an objection late yesterday afternoon to Megaupload’s motion for a temporary restraining order. In their complaint, they essentially claim that everything about the procedure for removing flagged videos from YouTube is misunderstood. Universal claims they didn’t actually file a takedown notice to have the video removed. Instead, they explain they have a contractual agreement in place with YouTube allowing them to use a “Contract Management System” to “file block” objectionable content based on a number of criteria in their agreement. Universal’s attorney, Kelly Klaus, writes, “As you know, UMG’s rights in this regard are not limited to copyright infringement, as set forth more completely in the March 31, 2009 Video License Agreement for UGC Video Service Providers.”
Megaupload’s attorney, Ira Rothken, counters, “What they are basically arguing, they can go ahead and suppress any speech they want without any consequences. That’s not a workable paradigm.” While Universal’s argument attempts to frame their actions as falling outside the scope of DMCA takedowns (thus making them immune to legal liability in the suit), Google’s agreement for use of their Contract Management System states, “a person who knowingly materially represents that material or activity is infringing may be subject to liability and damages.” Universal’s response to that detail is that the put-back mechanism and counter-notification process constitutes the alternative resolution procedure, not the granting of a restraining order against them.
Perhaps it’s time for a music video break, while you try to sort this mess out?
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