The owner of sometimes controversial stream-ripping site Yout, Johnathan Nader, has successfully overturned a decision by Google to de-list another service he operates, MP3.to, which allows people to convert MP3 files into other formats.
Spanish record industry trade group Promusicae included MP3.to in a takedown notice that it submitted to Google, which resulted in the site being delisted by the search giant. The same notice complained about various stream-ripping sites - services that allow people to grab permanent downloads of temporary streams - and included MP3.to alongside them.
The music industry argues that stream-ripping sites infringe copyright, because they are frequently used by people to download copies of copyright protected works without the permission of the copyright owner. To that end, music companies routinely issue takedown notices to Google seeking to get such sites de-listed.
When the US record industry tried to do that with Yout, Nader sued the labels, arguing that his stream-ripping site doesn’t host any files and has legitimate uses, so can’t be liable for copyright infringement. The labels argued that Yout circumvents technical protection measures put in place by YouTube to stop people ripping its streams, and that in itself violates the US Digital Millennium Copyright Act. That resulted in a lot of back and forth in the US courts.
While the legalities of stream-ripping continue to be debated, MP3.to is clearly a different kind of service. Obviously, when MP3s are converted into other file formats copies are made, and if the MP3 contains copyright protected content, the copyright owner’s permission may be required. So in some scenarios MP3.to could be used to infringe copyright. However, the file conversion service isn’t circumventing technical protection measures like Yout arguably is.
With that in mind, Nader objected strongly to the inclusion of MP3.to on Promusicae’s takedown notice, which not only resulted in the site being de-listed by Google, but its Google Adsense account was also suspended. To that end, Nader had his lawyer send a cease and desist letter to Promusicae.
According to Torrentfreak, it said that Promusicae's “allegations that the website provides technology or tools used to circumvent a technological measure that effectively controls access to copyright works is categorically false and the website unconditionally denies your allegations of wrongdoing”.
A letter was also sent to Google making the same argument. That letter concluded, “The website requests that Google disregard Promusicae’s notice, restore Google’s Adsense account with respect to the website, and rescind any additional negative actions Google may have taken against the website on account of the notice".
All of which Google did. It’s not currently clear if MP3.to was included in Promusicae’s takedown notice by mistake or if the trade group believes there is, in fact, grounds for blocking the site. If it’s the latter, the trade group could as yet take further action. Given his past record, that would almost certainly result in Nader pursuing another legal battle with the labels.