Rich Fiscus
19 Dec 2011 1:29
Just over a week ago a video created by file locker provider Megaupload was taken down from YouTube at the request of Universal Music (UMG). In the aftermath of that incident, YouTube finds itself answering questions about how that happened thanks to UMG's refusal to provide details.
Based on UMG's filings in response to the resulting lawsuit in which Megaupload sought to have them punished for improper use of the DMCA's takedown provision, one thing we know for sure is that no actual DMCA takedown request was issued.
Instead, UMG used YouTube's content management (ie digitial fingerprinting) system to have the content removed. That means Megaupload's primary claim is pretty much dead in the water.
We also know UMG says they never made a copyright claim on the video because of a letter they submitted to the court in which a company representative explained to YouTube that was not the only grounds under which their contract allows a takedown.
Beyond that, they have avoided addressing the issue of what happened, providing just enough information to show any DMCA related penalties (and really that's not much anyway) don't apply.
But unlike UMG, YouTube is concerned about the effect this debacle has had on their image. On Friday they went into damage control mode and attempted to explain what happened.
The company released a statement saying (via Wired):
Our partners do not have the right to take down videos from YT unless they own the rights to them or they are live performances controlled through exclusive agreements with their artists, which is why we reinstated it.