Is Mega using a script to block third-party link-aggregating sites?

The third-party link indexing site says it will be back up shortly, but that's uncertain.

by Megan Geuss - Jan 31 2013, 6:35pm EST

http://arstechnica.com/tech-policy/2013/01/is-mega-using-a-script-to-block-third-party-link-aggregating-sites/

Last night, we wrote about Mega-search.me, a third-party crowdsourced link indexing site for Kim Dotcom's new file locker Mega.co.nz. But an hour after we published the article, all but the most recent links led to deleted files. Even seemingly innocuous file names generated a message: “The file you are trying to download is no longer available.”
This morning, mega-search has no links on its site. When you visit it, you're greeted with a pop-up in French saying:

Due to a script developed by Mega to delete all files indexed Mega-search, the engine is temporarily unavailable. A solution to overcome this problem will be made shortly.

Before mega-search.me displayed this notice, founder and editor Ernesto of TorrentFreak tried posting links on Mega-search.me to legal content that he had uploaded to Mega previously: “Our uploads included a few Dan Bull songs, a clip from the Pirate Bay documentary TPB-AFK, a video explaining fair use, and Kim Dotcom’s single 'Mr. President.'” All the links were taken down “within minutes” along with a notice claiming that someone had alleged copyright infringement on each of the links:

We are in receipt of a takedown notice affecting the following public link in your account: https://mega.co.nz/#!iRQRnLzT
Please be reminded that MEGA respects the copyrights of others and requires that users of the MEGA cloud service comply with the laws of copyright. You are strictly prohibited from using the MEGA cloud service to infringe copyrights. You may not upload, download, store, share, display, stream, distribute, e-mail, link to, transmit or otherwise make available any files, data, or content that infringes any copyright or other proprietary rights of any person or entity.
Furthermore, please be reminded that, pursuant to our Terms of Service, accounts found to be repeat infringers are subject to termination.

Ars attempted the same experiment a few hours later and found mega-search's new pop-up message and a site devoid of links. Just last night, Dotcom tweeted, “Copyright takedown notices per day: Google 450,000 vs #Mega 50.” Those numbers may no longer be accurate as there were hundreds of links on mega-search.me as of yesterday evening and none this morning. Dotcom and Mega have not returned a request for comment.
Clearly mega-search.me could be construed as a liability for Mega, especially as Dotcom is under bail conditions that prevent him from relaunching Megaupload or a similar service. Dotcom's counsel Ira Rothken told Ars in an interview earlier this month that his client “is innocent, is presumed innocent, and is entitled to innovate and work in technology like any other innocent New Zealander, especially when the US takes away all his assets and delays the extradition proceedings.” Creating a script to kill all files that receive traffic from a site like mega-search.me may be key in proving to authorities later that Dotcom is satisfying the condition of not creating a business similar to Megaupload, which had an "uploader rewards" program for users who uploaded and shared popular files.
But what about the people who want to share legal and fair use files with many other people? Clearly, a number of legal files that were posted on mega-search were removed from Mega automatically. Mega's Terms of Service (TOS) are not explicit about prohibiting posting links with decryption keys on third-party sites. The TOS does explicitly state that Mega is not responsible for lost data, specifically due to buggy services. Mega also warns that if users make URLs with decryption keys public, the owners of those files are responsible for the actions of the people who download the file, although legally shared media should not cause a problem that would result in its takedown.
Perhaps the site justifies the takedown of legal files due to burdensome levels of traffic to its site: the TOS states that users are prohibited to “do anything that would damage, disrupt or place an unreasonable burden on our website or service or anyone else's use of our website or a service including but not limited to denial of service attacks or similar.”
Mega also reserves the right to remove any data “alleged to be infringing” but sets up a rather stringent vetting process for copyright infringement allegations, requiring no fewer than six kinds of information—from “a physical or electronic signature of the copyright owner or a person authorized to act on their behalf” to “a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
Evidently, such a complete allegation of infringement is not always necessary for a takedown. It is unknown whether Mega will update its TOS to address this new roadblock in the brand new company's growth. If it does, it would neither be surprising nor in poor judgment for the creator of a company to protect his new business from more legal troubles. But with such currently vague terms, and without an edit to the terms of service, users might feel a little betrayed.