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Except that when the video gets taken down YouTube says it was on copyright grounds, not only that but when you get such a takedown letter it specifically menti
by X-Istence 15y ago
Except that when the video gets taken down YouTube says it was on copyright grounds, not only that but when you get such a takedown letter it specifically mentions the DMCA (or at least in the one case a client of mine received such a letter due to using a 30 second clip from a song as background music) and your rights associated with the DMCA including the ability to state that it is fair use.
If YouTube did agree to letting UMG basically control content uploaded to YouTube they have basically given them the ability to silence any and all opposition to UMG on YouTube with the single click of a button.
- mikeknoop 15y ago> they have basically given them the ability to silence any and all opposition to UMG on YouTube with the single click of a button Which, unfortunately, seems to be a legal.
- X-Istence 15y agoYeah, I wasn't questioning that. I was simply stating it, one because I find it hard to believe that YouTube would sign such an agreement and second because it means an corporation can censor what they deem to be damaging for them.
- eftpotrm 15y agoBut which should also open up UMG and / or YouTube to the restraining order which MegaUpload have asked for. If the takedown wasn't anything to do with the DMCA, then they can't invoke DMCA rules governing penalties for abuse of the takedown system. So, far as I can see as a non-lawyer, UMG are in trouble either way. If it's a DMCA request then they've perjured themselves because they don't own the content. If it's not a DMCA request then they're open to standard civil court provisions and restraining orders, and will likely get sued for restraint of trade or similar.