We're still not sure what to make of the strange war that's erupted between file sharing service MegaUpload and Universal Media Group after MegaUpload posted a promo video that appears to feature Kanye West, Kim Kardashian, and others, but we do know that it's starting to leave some ugly collateral damage: Universal had Monday's episode of Tech News Today pulled off of YouTube for simply reporting on the controversy. Host Tom Merritt and crew played two clips of the "Mega Song" video while discussing the issue and MegaUpload's pending lawsuit Monday afternoon, which was too much for Universal: it filed a copyright dispute and had the episode pulled from YouTube by Monday night. Never mind that news reporting and commentary are core elements of the traditional fair use analysis, of course — or that no audio from the video was even played during first clip.
Tom tells us he wasn't informed of the video's removal until a fan told him on Twitter, and that the episode was promptly restored when he complained using YouTube's automated dispute process — but Universal followed up with an official DMCA takedown request on Tuesday morning, and the show is currently down. Tom's filed YouTube's corresponding DMCA counter-dispute and the video will go back up in 10 days unless Universal decides to go full-on crazy and actually file a lawsuit, but at this point the damage has been done. As Tom says, "In 10 days a daily news show is worthless, so Universal was able to censor this episode of Tech News Today."
What makes all of this particularly egregious is that it's not even clear Universal has the necessary rights to initiate this sort of takedown — the entire dispute between MegaUpload and Universal is about who owns those rights, and MegaUpload's lawsuit against Universal is entirely about having the "Mega Song" video pulled from other video sites on false infringement grounds. That Universal decided it was acceptable to go after legitimate news organizations for reporting on the dispute is utterly perplexing — both MegaUpload and Universal look somewhat shady in all of this, but only Universal looks like a floundering bully. We'll see if Universal or YouTube wise up and restore the TNT episode, but for now you can watch the whole thing on TWiT.tv; we've embedded the offending clip and the "Mega Song" below.
P.S.- On a happier note, TNT co-host Sarah Lane coincidentally joined us for 5 Minutes On The Verge earlier this week as well.
Thanks, Rubikon

There are 79 Comments. Add yours.
How is this NOT proof of how SOPA will hurt America?!
Posted on Dec 14, 2011 | 8:52 PM EST reply Recommend (48) Flag actions
SOPA failed.
Posted on Dec 14, 2011 | 8:54 PM EST reply Recommend (2) Flag actions
It’s still able to be voted on, so no, it hasn’t failed yet. At least that’s the last I heard.
Posted on Dec 14, 2011 | 8:56 PM EST reply Recommend (12) Flag actions
I think it’s still going onto voting, but now all the major tech companies switched sides and are against SOPA, thankfully.
Posted on Dec 14, 2011 | 9:00 PM EST reply Recommend (4) Flag actions
I don’t think the major tech companies were ever on SOPA’s side. That would be insanity. What happened, instead, was that the BSA was reflexively in favor of it without thinking (shocking, that), and Hollywood/Congress used that to “prove” that tech companies were in favor of it.
Once tech companies had a chance to actually look at the annihilation of the internet that SOPA/PIPA would cause, they made their true stance known.
Posted on Dec 15, 2011 | 10:25 AM EST reply Recommend Flag actions
Isn’t the vote or something going on tomorrow?
Posted on Dec 14, 2011 | 9:06 PM EST reply Recommend (2) Flag actions
It’s the “markup” where the bill can be debated and amended. We’ll see what changes get made, but I doubt it will get better.
Posted on Dec 15, 2011 | 12:31 AM EST reply Recommend Flag actions
Techdirt apparently has an analysis about some of the changes that are being suggested for the Clusterfuck the Internet/Great Firewall of America Act.
Check it out.
Posted on Dec 15, 2011 | 10:27 AM EST reply Recommend Flag actions
Google really do seem to be folding to a lot of these groups recently.
Posted on Dec 14, 2011 | 8:53 PM EST reply Recommend (6) Flag actions
Google pretty much takes these down as soon as they receive a DMCA complaint notice. Most sites operate the same way.
This is just proof of Universal’s abuse of the DMCA takedown process. A lot of the big rightsholders abuse the hell out of it. Really makes me confirm my belief that SOPA is a very bad idea.
Posted on Dec 14, 2011 | 9:00 PM EST reply Recommend (14) Flag actions
Of course, Google also puts them back up if the original poster disputes the notice (which many sites do not), and attempts to determine the right way to go after that.
Posted on Dec 14, 2011 | 9:01 PM EST reply Recommend (7) Flag actions
Then why is there all of this back and forth?
Posted on Dec 14, 2011 | 10:10 PM EST reply Recommend (2) Flag actions
because each side is counter-disputing the other
Posted on Dec 14, 2011 | 10:44 PM EST reply Recommend Flag actions
And because the law currently pushes companies towards siding with the copyright holder, or whoever is claiming to be one because it offers them more protections and if they comply they can’t really be sued by whoever is hurt by the take down if it’s illegitimate.
So, let’s say UMG is found to have no claim and Leo/TWiT/Tom wanted to sue YouTube they couldn’t get anywhere, but if YouTube didn’t take down the video after UMG filed a notice AND UMG did have a proper claim, UMG could sue.
Technically what’s left if UMG is wrong is for TWiT to sue UMG, but let’s face it, TWiT is a relatively small enterprise and that would be a waste of their resources unfortunately.
Posted on Dec 14, 2011 | 11:08 PM EST reply Recommend (3) Flag actions
It’s the law, actually. Youtube isn’t allowed to not take the video down. If they did, they could be held liable for the infrinement themselves, and Universal would sue them instead of the original uploader. http://en.wikipedia.org/wiki/DMCA_takedown#Takedown_example
Posted on Dec 15, 2011 | 12:33 AM EST reply Recommend Flag actions
The system is largely automated at this point, isn’t it? Besides, if you want to complain, complain about the DMCA that punishes people for not immediately kowtowing to the demands of RIAA/MPAA/any jackass.
Posted on Dec 15, 2011 | 10:28 AM EST reply Recommend Flag actions
Google needs to be more flexible and allow exceptions to their automated systems. They’ve run into this problem before, where an automated system was enforcing a policy but they didn’t account for some very legitimate exceptions. (I’m thinking of the G+ “use your real name or have your entire Google account deactivated with no recourse” fiasco.)
Are there no humans inbetween a takedown request and the takedown? Shouldn’t there be some sort of review process?
Posted on Dec 15, 2011 | 10:58 AM EST reply Recommend Flag actions
#FreeTNT
Posted on Dec 14, 2011 | 8:53 PM EST reply Recommend (15) Flag actions
A fellow NSFW show watcher. Good to see.
Posted on Dec 14, 2011 | 9:11 PM EST reply Recommend (2) Flag actions
<>
Posted on Dec 14, 2011 | 9:26 PM EST reply Recommend (3) Flag actions
<>
Posted on Dec 14, 2011 | 10:14 PM EST reply Recommend (1) Flag actions
<>
Posted on Dec 15, 2011 | 6:08 AM EST reply Recommend Flag actions
<>
Posted on Dec 15, 2011 | 12:25 AM EST reply Recommend Flag actions
where?
Posted on Dec 15, 2011 | 7:42 PM EST reply Recommend Flag actions
This was a brilliant scheme by MegaUpload. Universal owns nothing in The MegaUpload Song, and they fell for a trap due to their own ineptitude & bullying.
Posted on Dec 14, 2011 | 8:54 PM EST reply Recommend (6) Flag actions
This is pretty pathetic they are that scared from this video (terrible btw) that they can’t even let someone report on it?
Posted on Dec 14, 2011 | 8:54 PM EST reply Recommend (4) Flag actions
It is, and I agree with it being a terrible video, though the song is catchy….
“it’s fast like I like it” Really? Is that so necessary?
Posted on Dec 14, 2011 | 11:10 PM EST reply Recommend Flag actions
Someone needs to sue YouTube about their crazy procedures if for no other reason than to get this obvious craziness in front of a judge to strike down the more draconian parts of the DMCA.
Posted on Dec 14, 2011 | 8:57 PM EST reply Recommend Flag actions
The DMCA has enemies on both sides… I personally think it isn’t all that bad.
Posted on Dec 14, 2011 | 9:02 PM EST reply Recommend Flag actions
You realize that YouTube is just following the law passed by the politicians that were elected by the American people, right?
Posted on Dec 15, 2011 | 2:16 AM EST reply Recommend (2) Flag actions
Still believe the 5th grade propaganda eh?
Posted on Dec 15, 2011 | 10:21 AM EST reply Recommend Flag actions
Can I suggest we all go and download something owned by Universal on megaupload?
Posted on Dec 14, 2011 | 9:00 PM EST reply Recommend (12) Flag actions
Events like this prove that NOTHING could go wrong if SOPA is passed.
Posted on Dec 14, 2011 | 9:00 PM EST via mobile reply Recommend (4) Flag actions
Universal…. you’re ridiculous. It’s like these artists are your slaves and your property. What happened to freedom of expression and there is no way you created this jingle.
Posted on Dec 14, 2011 | 9:02 PM EST reply Recommend (3) Flag actions
The MegaUpload video is soooo cheesy. It’s so bad it hurts. But still, they have the rights to make a bad video.
Posted on Dec 14, 2011 | 9:02 PM EST reply Recommend Flag actions
The video is pretty lame, and they dragged it on for four minutes, if anything they should get some flack for the quality of the video.
Posted on Dec 14, 2011 | 9:07 PM EST reply Recommend Flag actions
My hope is that this overreach and take-down of ‘news’ by a trusted source will finally move us to sound action. Universal has no right to censor news.
Posted on Dec 14, 2011 | 9:05 PM EST reply Recommend (14) Flag actions
I agree, but unfortunately, who could sue/counter-sue UMG if they tried to go against TWiT? Unfortunately, it’s not like Leo has the resources to dispense towards millions in legal fees.
Maybe Nilay can get back to his old job? And then you can add all the TWiL (This Week in Law) hosts too.
Posted on Dec 14, 2011 | 11:14 PM EST reply Recommend (1) Flag actions
The EFF would fight too.
Posted on Dec 16, 2011 | 10:02 AM EST reply Recommend Flag actions
It might be important to add that Leo Laporte and the TWiT crew have decided that they want to fight this and are looking for ideas on the best way to handle this. This was all said on the latest episode of This Week in Google recorded today. If anyone has good ideas feel free to tweet @leolaporte or @acedtect!
Posted on Dec 14, 2011 | 9:07 PM EST reply Recommend (5) Flag actions
I think it is absolutely outrageous that Universal gets 10 days to respond, in a news setting like this an issue such as this should be addressed in 24-48 hours.
Posted on Dec 14, 2011 | 9:08 PM EST reply Recommend (1) Flag actions
I see a DDoS attack on Universal coming soon!
Posted on Dec 14, 2011 | 9:08 PM EST reply Recommend (7) Flag actions
Don’t do that. C’mon now.
Posted on Dec 14, 2011 | 9:09 PM EST reply Recommend (6) Flag actions
Is there any legitimate recourse for UMC’s obvious abuse of DMCA? A fine, maybe?
Posted on Dec 14, 2011 | 9:10 PM EST reply Recommend (7) Flag actions
Sure — they can be sued, just like MegaUpload is doing. TNT just got caught in the crossfire.
Posted on Dec 14, 2011 | 9:21 PM EST reply Recommend (1) Flag actions
But that’s up to MegaUpload to pursue. I was thinking about how the general public might be compensated for such a flagrant abuse of DMCA.
In any event, I suppose this just illustrates how dangerous that SOPA legislation could be. The current system is already too easily abused by media conglomerates like UMC.
Posted on Dec 14, 2011 | 9:56 PM EST reply Recommend Flag actions
Well, they haven’t abused the DMCA yet — they’re doing exactly what they’re supposed to under the notice-and-takedown rules. TNT is just caught up in how YouTube implements those rules without any human intervention, which is what a wacky edge case like this really needs.
Posted on Dec 14, 2011 | 10:21 PM EST reply Recommend Flag actions
But then what counts as a DMCA abuse? Haven’t they already filed a takedown notice specifically against the TNT video? (Or was it youtube that took it down because it contained the Mega Song clip?)
Posted on Dec 14, 2011 | 11:17 PM EST reply Recommend (1) Flag actions
You are saying Universal Music Group didn’t abuse the DMCA when they looked at the TNT podcast and decided to nuke it a second time? ( ie first time was automatic, the second time a human had to look at it?)
Posted on Dec 15, 2011 | 8:52 AM EST reply Recommend Flag actions
I wouldn’t do that, I think DDoS attacks like that are stupid since they hurt everyone including consumers. But I am sure others don’t care and would do it.
Posted on Dec 14, 2011 | 9:15 PM EST reply Recommend Flag actions
#FreeTNT was trending on Twitter last night while fans replied to @UMG demanding they restore the episode. <>
Posted on Dec 14, 2011 | 9:11 PM EST reply Recommend (6) Flag actions
Indeed, I managed to grab a screenshot. It was unfortunate it was only for a couple minutes and was pushed out by not one, but THREE Family guy things. Seriously?!
Anyway, on a side note Cheeto, nice job getting Shwood to play the “Well, shit” video.
Posted on Dec 14, 2011 | 9:13 PM EST reply Recommend Flag actions
Yeah. Here’s a screenshot.
Posted on Dec 14, 2011 | 9:27 PM EST reply Recommend (1) Flag actions
TWiT’s videos get pulled from YouTube all the time by their automatic copyright flagger. It never got to lawsuits though. I do hope Universal drops the suit, I really don’t want to see TWiT going under. I know they can fight it, but it would be hard just on the time-horizon and attorney fee basis not to mention morale on the network I think would suffer a lot. I would support them in any way I can.
Posted on Dec 14, 2011 | 9:11 PM EST reply Recommend Flag actions
I don’t think TWiT is actually likely to end up in a lawsuit, it’s the MegaUpload people that are suing UMG.
TNT is just caught in the crossfire with this video.
Posted on Dec 14, 2011 | 10:57 PM EST reply Recommend (1) Flag actions
Well, the issue would be if UMG really wanted to keep the episode off YouTube they would need to file a suit in the next 10 days and then it would be against TNT/TWiT which could potentially affect all the other instances of the show which would be a lot for TWiT since they broadcast to quite a few places.
Posted on Dec 14, 2011 | 11:21 PM EST reply Recommend Flag actions
Seems like this is more a problem of Youtube’s automated copyright-takedown thingo than anything.
Posted on Dec 14, 2011 | 9:13 PM EST reply Recommend Flag actions
No, because it WAS put back up after it was flagged once, it was UMG who pulled it down AGAIN after a video review.
Posted on Dec 14, 2011 | 9:14 PM EST reply Recommend (4) Flag actions
somebody still has to complain about the video in the first place though, so yeah.
But yeah, youtube does have problems with how they implement it. People that do game commentary always have their videos flagged for some douche reason or other, like some unknown music label or whatever says a song used is theirs when there’s even proof that it’s not,.
Posted on Dec 14, 2011 | 10:57 PM EST reply Recommend Flag actions
Yeah, but that’s where you contest YouTube and they usually restore your video – which Tom/TNT did. THEN UMG came back and had it taken down, and now Tom replied to YouTube and UMG has 10 days to file a suit to keep it blocked.
(at least that’s how I understand it from the article and from Tom’s explanation today)
Posted on Dec 14, 2011 | 11:24 PM EST reply Recommend Flag actions
Tomorrows News: “Universal has The Verge take down its news story about Universal yanking an episode of Tech News Today from YouTube because the episode reported on a controversial promotional video”
Posted on Dec 14, 2011 | 9:18 PM EST reply Recommend (10) Flag actions
SOPA has been watered down considerably in the reconciled bill that’s being voted on. Even if they passed it, UMC would not have the right to do what they just did, if I understand the revisions correctly.
Posted on Dec 14, 2011 | 9:30 PM EST reply Recommend Flag actions
Sounds like it was a negotiating tactic,, They probably knew well enough to know that no one would support this massive censorship bill. They’re cementing an atmosphere of Internet censorship my media conglomerates.
Posted on Dec 15, 2011 | 6:13 PM EST reply Recommend Flag actions
http://en.wikipedia.org/wiki/Streisand_effect
Posted on Dec 14, 2011 | 9:33 PM EST reply Recommend (1) Flag actions
DOWN WITH THE RECORD COMPANIES!
Posted on Dec 14, 2011 | 9:45 PM EST reply Recommend (1) Flag actions
If universal theoretically asks you guys to take the down the embeds, can you post a video of the verge crew flipping them off? Cuz that would make my year.
Posted on Dec 14, 2011 | 9:56 PM EST reply Recommend (3) Flag actions
All I can say is: that song is sure catchy.
Also, who’s the guy at the microphone saying “it’s a hit. it’s a hit!”? Is that Kim Dotcom?
Posted on Dec 14, 2011 | 10:12 PM EST reply Recommend Flag actions
I would suggest that if SOPA gets passed that we all go trolling every media site possible, maybe even government web sites with video, of a SOPA violation. Imagine the traffic jam that everyone would have taking things down, putting them back up again, etc. The problem is that even the good guys would suffer, it would be counter productive.
Posted on Dec 14, 2011 | 10:24 PM EST via mobile reply Recommend (1) Flag actions
Nonetheless, my brain is thankful that not many people will have to suffer through that song.
WHEN WILL COMPANIES LEARN THAT AD SONGS ARE THE WORST OF THE WORST OF THE WORST?
Posted on Dec 14, 2011 | 10:27 PM EST reply Recommend Flag actions
Universal is doing a great job advertising for MegaUpLoad.
Posted on Dec 14, 2011 | 10:36 PM EST reply Recommend (3) Flag actions
I don’t mind the song, but I didn’t need 4 minutes of it.
Posted on Dec 14, 2011 | 10:42 PM EST reply Recommend Flag actions
This is insane.
Posted on Dec 14, 2011 | 11:15 PM EST reply Recommend Flag actions
The TWiTs are good folk. If anything this is some good publicity for them.
PS Would love to see you guys on the sunday show again soon.
Posted on Dec 15, 2011 | 2:04 AM EST reply Recommend Flag actions
Hey Universal, ever heard of the Streisand effect? You are good at it!
Posted on Dec 15, 2011 | 4:48 AM EST reply Recommend Flag actions
The song makes me want to use megaupload!
Posted on Dec 15, 2011 | 6:33 AM EST reply Recommend Flag actions
I hope Universal is sued all the way into the next dimension. What they are doing is shit crazy!
Posted on Dec 15, 2011 | 9:09 AM EST reply Recommend Flag actions
Copyright disputes need to be governed by “innocent until proven guilt” approach not the other around. The burden of proof needs to lie with the studios. Is that going to hurt their bottom line – well yes, but the companies that are so sue-happy also happen to be some of the largest companies in US and Europe, and among the least affected by the economic crisis, they’ll survive.
Posted on Dec 15, 2011 | 10:13 AM EST reply Recommend Flag actions
Has no one at Universal heard of the Streisand Effect? Really?
Posted on Dec 15, 2011 | 10:28 AM EST reply Recommend Flag actions
It could be that UMG is claiming they own these artists.
Posted on Dec 16, 2011 | 1:11 PM EST reply Recommend Flag actions
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