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Megaupload down, FBI Charges Seven With Online Piracy

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Re: Megaupload down, FBI Charges Seven With Online Piracy

#14
post #8

SOPA and PIPA would help how? This appears successful without them.

I am assuming because it took 2 years to get to this point. With SOPA and PIPA in place there is no need for a takedown involving the federal authorities. Copyright holders can achieve the same much more quickly by using PIPA and SOPA to starve them of cash and audience.

Re: Megaupload down, FBI Charges Seven With Online Piracy

#15
post #3

So in terms of precedent, if dropbox can be used to store copyright files, could they also be shut down on a whim like this?

No. MegaUpload lost their safe harbor status by doing the following as spelled out in the DoJ press release:

As alleged in the indictment, the conspirators failed to terminate accounts of users with known copyright infringement, selectively complied with their obligations to remove copyrighted materials from their servers and deliberately misrepresented to copyright holders that they had removed infringing content. For example, when notified by a rights holder that a file contained infringing content, the indictment alleges that the conspirators would disable only a single link to the file, deliberately and deceptively leaving the infringing content in place to make it seamlessly available to millions of users to access through any one of the many duplicate links available for that file.

Of course this is only a grand jury indictment and they have not been found guilty in a court. But the Feds don't bring a case if they aren't damn well sure they can win.

Re: Megaupload down, FBI Charges Seven With Online Piracy

#16
post #5

Why did they charge the graphic designer and the developers?

I assume because they needed to grab everyone they could in one shot, since they are outside of the U.S., and it can turn out that one or more of them are in fact guilty. Otherwise, they can just disappear and you'll never get the chance again.

This actually makes sense if you consider that these laws are aimed at the mafia, and that there is no penalty to the U.S. government for being wrong.

EDIT: I find it interesting how everyone always jumps to the "OMG EVIL" conclusion with these things. From what I've seen, American law enforcement can be overzealous, heavy-handed, and cause a lot of collateral damage, but they are rarely "evil."

"wrong" =/= "evil"

Re: Megaupload down, FBI Charges Seven With Online Piracy

#17
post #6
post #3

So in terms of precedent, if dropbox can be used to store copyright files, could they also be shut down on a whim like this?

Yeah, The Dropbox Conspirators now probably must implement a public search function and the list of top files. Instead, the indictment alleges that the conspirators manipulated the perception of content available on their servers by not providing a public search function on the Megaupload site and by not including popular infringing content on the publicly available lists of top content downloaded by its users. Oh, a…

Paying companies to host it? What the heck? That's like saying it's tax fraud to pay your electric bill if you're late on your tax return.

Re: Megaupload down, FBI Charges Seven With Online Piracy

#18
Hosting files is a dangerous business - the line between being shut down for infringement and not being shut down seems to be drawn by who you know and what users you end up with, not any real actions, design, or technical differences in your site.

The indictment of Megaupload actually uses their lack of search function and censorship of copyrighted material from their "top content" list as marks against them. This means most other file sharing services which focus on one-to-one or one-to-many sharing and hence omit search and a "trending" list (looking at Dropbox, here) are vulnerable.

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