It would appear that the tables have turned. As enigmax at TorrentFreak writes, record label UMG successfully submitted a DMCA takedown request to YouTube claiming the video above, featuring P Diddy, Will.i.am, Alicia Keys, Kanye West, Snoop Dogg, Macy Gray, Chris Brown, The Game, and Mary J Blige expressing their love for Megaupload, infringes their copyright.
Megaupload, the file sharing service used by thousands of artists to distribute their music, says it has agreements with all the artists featured in “the Megasong” (no really, that’s what they’re calling it … points for style) regarding the video and the song, and none of the material is under UMG copyright.
Megaupload may plan to sue under 17 USC Section 512(f), which imposes liability for damages, including costs and attorneys’ fees, incurred by the alleged infringer (Megaupload) or the service provider (YouTube) relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
They may have another legal strategy altogether, or it may not be a legal strategy at all. After all, it’s unclear whether Megaupload has suffered any damages per se as a result of the video having been taken down. They plan to re-open their digital music store soon, giving artists 90% of sales (a much better deal for artists than most digital music stores), so this could all be a great way to get some PR ahead of the launch.
I’m interested to see what comes of this situation either way, and I’ll be sure to post anything new on this front when I read it.
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