Universal abuses YouTube-takedown tool, blocks song promoting Megaupload(torrentfreak.com)
torrentfreak.com
Universal abuses YouTube-takedown tool, blocks song promoting Megaupload
https://www.torrentfreak.com/universal-censors-megaupload-song-gets-branded-a-rogue-label-111210
12 comments
Does Universal have the ability to automatically remove any videos, unmoderated by Youtube? If so, that's one of the most obvious bad ideas I've ever heard of.
Very roughly, Universal can get it taken down immediately, but the user has the option to appeal. It's all part of the DMCA "safe harbor" protections for Youtube. If they didn't behave this way, then Universal could hold Youtube liable for hosting the infringing content. https://en.wikipedia.org/wiki/DMCA_safe_harbor#Takedown_exam...
Apparently the user did appeal, and the content went back up, and right back down again. Someone at YouTube didn't quite understand how the DMCA works when they coded their systems. Once the counter-notice occurs, the work stays up until a court order; the person claiming infringement can't just have it taken down again.
I'm aware of the DMCA takedown stuff, but I didn't think it required a website to allow content creators to instantly take down content. Surely Youtube would still be in compliance with the DMCA if they moderated takedown requests and acted within a "reasonable" time.
Youtube isn't allowed to "moderate" takedowns. As long as the paperwork has been filed correctly, the takedown has the force of federal law.
I think they want to make sure the labels continue to post official content on youtube, so will do what they can to make sure that relationship stays friendly.
Sorry for the horribly off topic comment, but it's awesome that the Megaupload founder's last name is Dotcom.
I don't think it is by coincidence. He seems like quite the character: http://en.wikipedia.org/wiki/Kim_Schmitz
what we need is punishment and fines for issuing fake take downs
Criminally speaking, probably the most you could get them for is perjury. But as a civil matter, you could sue them for damages. It might not be a bad idea to look into getting a "class action" lawsuit, representing all of the individuals and organizations that UMG has harmed. Then instead of money, the settlement could maybe get a restraining order placed? That way, if UMG screws up again, we'd have more ammo against them.