Cyberlocker service Megaupload can’t get a temporary restraining order (TRO)...
Cyberlocker service Megaupload can’t get a temporary restraining order (TRO) against Universal Music Group because YouTube has already re-posted the Megaupload promotional video that UMG had taken down (WID Dec 15 p6), U.S. District Judge Claudia Wilken in Oakland ruled…
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
Friday. That followed UMG’s claim that it didn’t violate the “good faith” takedown requirement in Section 512 of the Digital Millennium Copyright Act -- the basis of Megaupload’s lawsuit -- because it removed the Megaupload video pursuant to a private agreement with YouTube, not the DMCA’s takedown process. In a Wednesday letter to YouTube Legal Director Lance Kavanaugh, entered into the court docket, Munger Tolles lawyer Kelly Klaus, representing UMG, said UMG’s right to remove user-posted YouTube videos wasn’t limited to those videos in which UMG claims an infringed copyright. “As you know, UMG’s rights in this regard are not limited to copyright infringement,” Klaus said, referring to a March 31, 2009, “Video License Agreement” between YouTube and UMG. Klaus said copies of the Megaupload video have been “freely available” on YouTube since Dec. 9, when UMG first started removing them, so it’s not clear why YouTube kept asking UMG for evidence backing up its copyright claim in the video. Wilken’s Friday order said Megaupload has conceded its TRO motion is “moot,” but gave the company permission to “file a properly noticed motion for a preliminary injunction,” and said it could move for “limited expedited discovery” as it had requested.