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"A blogger named JeanPierre Chigne's Twitter stream was hit with a DMCA complaint after he posted a link to a blog post he wrote about The National's new album, which leaked last week. According to a post on Chigne's blog, titled JP's Blog, he recently received this e-mail from Twitter:\n\"jp917, Apr 22 03:10 pm (PDT):Hello,The following material has been removed from your account in response to a DMCA take-down notice:Tweet: http://twitter.com/jp917/statuses/12499491144 \u2013 New Post: Leaked: The National \u2013 High Violet http://jpsblog.net/2010/04/20/leaked-the-national-high-violet/\"\nLast week, Chigne wrote a blog post about the leak of \"High Violet,\" the new album from Brooklyn band The National (the album was subsequently streamed for free on The New York Times' website). At the end of the post, the blogger included an Amazon link to the album's preorder page, as well as a MediaFire link and a Box.net link to a track called \"Afraid of Everyone,\" which presumably comes from the leaked disc. \nWe wrote to Chigne about the takedown, to which he responded: \"I uploaded the song to Mediafire, but only because it was already being hosted on Pitchfork since April 13.\"\nYou can, indeed, download this song from Pitchfork \u2014 it was the second song the music website offered for download, the first being \"Bloodbuzz Ohio,\" which is also available on the band's own website.\nPitchfork confirms that the site was hosting \"Afraid of Everyone\" legally \u2014 it was sent to them by the band's PR.\nIn light of these facts, the situation becomes rather murky. If the song had come from the leaked disc itself, the DMCA complaint would probably be justified. According to the Digital Millennium Copyright Act, service providers are expected to remove material from users' websites that appears to amount to copyright infringement. But what of an MP3 download that's already free via another site? (A similar situation occurred a few months ago after Google deleted a ton of popular music blogs for hosting downloads.)\nWe asked Twitter for comment on the takedown, to which a rep responded:\n\"In this situation, we responded to a request to remove a Tweet containing a link to download content from an unreleased album. After reexamining our decision, we believe this was the correct first step.  If the affected user believes we have made a mistake or that the notice is in error, the appropriate thing for the user to do is file a counter-claim.\"\nIn light of this situation, it would most likely be in Chigne's best interest to file a counter-claim \u2014 if the song, indeed, came from Pitchfork and not from the leaked disc. We'd be interested to see what the outcome would be.\nWe're not sure who filed the complaint in the first place \u2014 an e-mail to the band's camp revealed that they are unaware of the incident \u2014 but it does pose an interesting question when it comes to the power of the DMCA. Did the law function properly in this case? Or was it too much sound and fury signifying nothing?\n\n\nFor more entertainment  coverage, follow Mashable Entertainment on Twitter or become a fan on Facebook\n\n"^^<http://www.w3.org/2001/XMLSchema#string>
<http://mashable.com/2010/04/26/twitter-dmca/>