Copyright dispute (original) (raw)

Counter-notification process

MEGA processes all takedown notices submitted to us based on good faith acceptance of the representations from the party submitting the takedown notice. Due to our end-to-end encryption model we have to do so without being able to review the files. Even if we could decrypt them, we could not determine the copyright status without complex analysis and review, which is impractical for the number of files processed each day. We are aware that some agencies submit incorrect takedown notices from time to time, but we are unable to find such errors in advance.

You may file a counter-notice if you believe that access to a file you have uploaded has been wrongly disabled because it was the subject of an incorrect takedown notice. You should only do so if you are confident that no other party owns copyright in the material, or you have rights to store the material and, if you are sharing it, that you have the right to do so.

We can only accept counter-notifications directly from the user whose MEGA account the disabled URL or file refers to. Counter-notifications must be submitted from the email address associated with the MEGA account subject to URL or content take-down.

Upon receipt of a counter-notification, MEGA will promptly provide the person who provided the takedown notification with a copy of the counter-notification, and inform that person that MEGA will replace the removed material or cease disabling access to it in 10 business days. If MEGA does not receive any further communication from or on behalf of the person who originally submitted the takedown notice, or such communication that it does receive does not in MEGA’s sole opinion adequately justify the original takedown notice, MEGA may, but shall not be obliged to, reinstate the material in approximately 10 – 14 business days provided it has no reason to believe that the material infringes copyright.

Nothing in this policy prejudices MEGA’s right, agreed to by each user in MEGA’s Terms of Service, to remove or disable access to any material at any time, for any reason or no reason.

To file a counter-notification with us, you may click the button below to proceed to our dispute form.

Please understand that:

  1. When we receive your counter-notice, we pass it, including your address and other contact information, to the party who issued the original takedown notice. By submitting your counter-notice you authorise us to do so;
  2. Filing a counter-notification may lead to legal proceedings between you and the complaining party;
  3. There may be adverse legal consequences in New Zealand and/or your jurisdiction if you make a false or bad faith allegation by using this process;
  4. If, when using this counter-notice process, you make a false or bad faith allegation or otherwise breach MEGA’s Terms of Service or this policy and that causes MEGA any loss, costs (including legal costs), damages or other liability, MEGA reserves the right to claim for and recover from you that loss, those costs (including full legal costs on a solicitor client basis), damages and other liability, by deduction from any balance in our account and/or by proceedings in New Zealand and/or the jurisdiction of the address in your counter-notice;
  5. This counter-notice process is provided voluntarily by MEGA for the purposes of all applicable copyright takedown and counter-notice regimes in other jurisdictions, but, in doing so, MEGA does not submit itself to any jurisdiction or law other than New Zealand as set out in its Terms of Service. MEGA may amend, suspend or withdraw this counter-notice process at any time, provided that any counter-notices in train at that time shall continue to be processed.

By filing a counter-notice, you are deemed to have accepted the above terms. If you do not accept the above terms, do not file a counter-notice.

If there is any inconsistency or ambiguity between the English and other language versions of the above terms, the English version shall prevail.

Mega Limited Copyright Agent:

Private Bag 92533 Victoria St West
Auckland 1142
New Zealand

copyright@mega.nz