The file-sharing site has won against Universal Music Group which argued that they did not send a take down notice to YouTube.
- Dec 17, 2011
AceShowbiz - Megaupload is waving the victory flag after winning against Universal Music Group which took down a support music video featuring Kim Kardashian, P. Diddy, will.i.am, and Chris Brown among others. The star-studded video, which quickly gained viral popularity earlier this week soon after its release on YouTube, is now back online.
UGM previously took down the video, which actually doesn't belong to them, and angered Megaupload's founder Kim Dotcom. Dotcom launched an online tirade against the label and sued it for copyrighted misrepresentation. He claimed he has signed every agreement with the featured artists for the campaign.
YouTube asked UMG to provide more details of why the flagged video should stay offline. In its defense, UMG said they did not exploit a provision of the Digital Millennium Copyright Act (DMCA) which allows ISPs like YouTube to claim safe harbor from liability so long as they expeditiously remove copyrighted infringing material upon notice. The label lodged an objection of Megaupload's motion for temporary restraining order.
UMG also denied sending a takedown notice, saying they have a contractual agreement with YouTube that allows use of a "Content Management System" to remove videos from the site, "based on a number of contractually specified criteria." UMG insisted that it was the system that found it objectionable and blocked it automatically.
