Megaupload Sues Universal Over Questionable Video Takedown, As Will.i.am Says He Sent Takedown Too
from the this-could-get-interesting dept
TorrentFreak reported that MegaUpload is preparing to sue Universal Music for the bogus takedowns, while THResq has the details. You can also see the actual lawsuit here (pdf or embedded below).
Universal is claiming that one of its artists, Gin Wigmore, had unauthorized work appear in the song, though it's unclear where or how. Megaupload continues to insist that it owns all of the music. Where it gets more bizarre is that apparently will.i.am, who appears in the video saying that he uses Megaupload to "send files across the globe" also sent his own takedown:
But we've also learned that Ken Hertz, attorney for Will.I.Am, also filed a takedown request last week with YouTube. What's going on here?Now this is where things get interesting. If this is true, it certainly appears that Hertz is admitting to a bogus takedown. Even assuming that what he states is true -- that will.i.am did not give permission -- that's not a copyright claim. It would be a contractual issue. Furthermore, it seems like a pretty strange claim. It's pretty clear that will.i.am did, in fact, state that he uses Megaupload to send files across the globe. Megaupload insists it has clear contracts with all the artists in question, and I'm sure the details will come out as things move forward, but it still seems like Universal (and, now, will.i.am) have a lot of explaining to do.
Hertz says that like many of the artists who appear in the video, his client had never consented to the "Megaupload Mega Song."
UMG echoes that sentiment. “This is an on-going dispute that surfaced several weeks ago with respect to the unauthorized use of a performance from one of our artists," a UMG spokesperson tells us. "We heard from a number of our other artists and their representatives who told us they’ve never consented to being portrayed in this video."
And, of course, it seems really bizarre that UMG would think this was a prudent course of action, when the only thing it's really done is driven a hell of a lot more attention to Megaupload. Congrats, UMG, you just spent your efforts increasing the power of Megaupload's marketing campaign.