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No Contract Breach In YouTube Removal Of Music Video

By Marisa Kendall

Lawyers for YouTube beat back a breach of contract suit over its removal of a reggae music video, by persuading a federal judge that YouTube's user agreement gives the company broad discretion to take down whatever material it sees fit. Song Fi Inc. v. Google Inc., 14-5080

“Luv Ya,” a music video recorded by the Rasta Rock Opera, may be one of the most innocent videos YouTube has removed for violating its terms of service. It features two 5-year-olds getting dressed up and going out to a restaurant for Valentine's Day lunch as reggae musicians serenade them. YouTube claimed the video's producer used robots to artificially inflate its view count, which is prohibited by the company's terms of service. Plaintiffs, including Rasta Rock Opera and music production company Song Fi Inc., denied using bots, and sued YouTube and owner Google Inc. for breach of contract and for libel.

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