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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

#41

Post by ethank »

lhnz wrote: post #36
ethank wrote: post #23

Earlier quoted context omitted.

It is naive to think it was only the RIAA or associated lobbying groups going after them.

1. I never said that. I just insinuated they were one of the parties that would go after the site. 2. Please don't walk around calling people naive. It's offensive and unnecessary.

Not trying to be offensive, but seeing the RIAA thrown around as this big boogeyman is annoying, and also seeing it stand in for labels, artists even more so.

One of the biggest foes for MegaUpload was porn, who have much more money but less lobbying clout than the RIAA.

Re: Megaupload down, FBI Charges Seven With Online Piracy

#42

Post by gry »

endersshadow wrote: post #25
gry wrote: post #8

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

Edit: Leaving the original text so as not to confuse the conversation. Megaupload is a foreign (to the US) site with a US TLD, not a US-domestic site. The arrests were made around the globe, but mostly in New Zealand. The FBI may have initiated the indictment, but extradition applies, as does the Berne Convention. SOPA and PIPA are intended to address issues with foreign-hosted sites being used by Americans to pirate…

My comment was glib. I agree with how SOPA and PIPA removes due process -- one I assume was followed over the course of 2 years. Investigation if a crime was committed, by whom, arrest offenders and confiscate goods.

Whether or not megaupload is guilty, it seems to me this was followed and bridged international boundaries nicking a "foreign" and "rogue site".

As an aside, I don't think megaupload fits a domestic definition. All indicted are apparently not Americans and it is a Hong Kong and New Zealand based organization.

Re: Megaupload down, FBI Charges Seven With Online Piracy

#43

Post by adestefan »

EGreg wrote: post #29

As I said, the government could already do this, which is why they are doing it in nations that work with the US: http://news.ycombinator.com/item?id=3388171 I also wrote my congressman about SOPA: http://news.ycombinator.com/item?id=3483539 Man I sometimes wish that things that go against groupthink in HN were addressed too :)

It has nothing to do with "nations that work with the US." Instead, under the Berne Convention the laws where the copyright is registered apply to the work no matter where the infringement takes place. All of these countries are members of the treaty.

Re: Megaupload down, FBI Charges Seven With Online Piracy

#44

Post by gte910h »

adestefan wrote: post #37
e1ven wrote: post #28

Wow. This is a really interesting situation; I can't agree with this action at all. 1) The site complied with DMCA regulations, and removed material when asked. 2) The site did not directly promote piracy, which was Grokster decision. 3) The listed employees are all (or nearly all) not US citizens, so this required international cooperation, and extradition over copyright? From my perspective it looks like they were…

If you read the actual press release and not the little WSJ blurb, then you'll see that DoJ's indicment said that MegaUpload actually did not comply with the DMCA safe harbor provisions and they did directly promote piracy. Of course, it's now up to them to prove beyond a reasonable doubt that this is true. As for the not US citizens, it's covered via the Berne Convention: The laws of the country where the copyright…

>Of course, it's now up to them to prove beyond a reasonable doubt that this is true.

Federal prosecutors have a 95 conviction rate for trials that go to jury.

Almost everyone plea bargains.

Re: Megaupload down, FBI Charges Seven With Online Piracy

#45

Post by dman »

adestefan wrote: post #15
brador wrote: 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. F…

Interesting that its okay for content owners to have false positives when flagging content, but it is not okay for site operators to have false negatives.

Re: Megaupload down, FBI Charges Seven With Online Piracy

#46

Post by jonknee »

endersshadow wrote: post #25
gry wrote: post #8

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

Edit: Leaving the original text so as not to confuse the conversation. Megaupload is a foreign (to the US) site with a US TLD, not a US-domestic site. The arrests were made around the globe, but mostly in New Zealand. The FBI may have initiated the indictment, but extradition applies, as does the Berne Convention. SOPA and PIPA are intended to address issues with foreign-hosted sites being used by Americans to pirate…

How is Megaupload a domestic entity? All the parties were foreign nationals and were arrested outside of the US. The corporation was out of Hong Kong:

Megaupload Limited P.O. Box No. 28410 Gloucester Road Post Office Hong Kong

Re: Megaupload down, FBI Charges Seven With Online Piracy

#47

Post by rplnt »

AlexMuir wrote: post #39

At the risk of megadownvoting here... Megaupload never complied with DMCA requests - I made several as part of some research and never received any response. The site charged for access to, and provided advertising around, pirated content. The site paid people (users/staff - it's a fine line) to provide popular content. It went to extraordinary lengths to hide the identity of its operators. Now if people believe that…

I too am glad that someone finally went for the big guys. Rapidshare should be next in my opinion. They only make money on piracy and they know it. On the other hand, I hate when p2p networks are targeted (thepiratebay for example). Sure, they too make some money but nowhere close to paid sites like the megaupload and they don't even host the pirated content.

Re: Megaupload down, FBI Charges Seven With Online Piracy

#48

Post by qeorge »

e1ven wrote: post #28

Wow. This is a really interesting situation; I can't agree with this action at all. 1) The site complied with DMCA regulations, and removed material when asked. 2) The site did not directly promote piracy, which was Grokster decision. 3) The listed employees are all (or nearly all) not US citizens, so this required international cooperation, and extradition over copyright? From my perspective it looks like they were…

I don't disagree with you, but its hard to deny that MegaUpload was full of copyrighted material.

I always got the impression they were complying with the law in the most minimal sense, but had no real interest in preventing copyrighted works from being hosted on their site.

In some ways MegaUpload reminds me of YouTube. Its hard to deny that they got big by providing access to copyrighted material, but have since become a legitimate service for sharing legal works.

Re: Megaupload down, FBI Charges Seven With Online Piracy

#49

Post by adestefan »

gte910h wrote: post #44
adestefan wrote: post #37

Earlier quoted context omitted.

If you read the actual press release and not the little WSJ blurb, then you'll see that DoJ's indicment said that MegaUpload actually did not comply with the DMCA safe harbor provisions and they did directly promote piracy. Of course, it's now up to them to prove beyond a reasonable doubt that this is true. As for the not US citizens, it's covered via the Berne Convention: The laws of the country where the copyright…

>Of course, it's now up to them to prove beyond a reasonable doubt that this is true. Federal prosecutors have a 95 conviction rate for trials that go to jury. Almost everyone plea bargains.

When you have enough work to keep you busy all the time it's easy to pick out all the winners.

Re: Megaupload down, FBI Charges Seven With Online Piracy

#50

Post by endersshadow »

jonknee wrote: post #46
endersshadow wrote: post #25

Earlier quoted context omitted.

Edit: Leaving the original text so as not to confuse the conversation. Megaupload is a foreign (to the US) site with a US TLD, not a US-domestic site. The arrests were made around the globe, but mostly in New Zealand. The FBI may have initiated the indictment, but extradition applies, as does the Berne Convention. SOPA and PIPA are intended to address issues with foreign-hosted sites being used by Americans to pirate…

How is Megaupload a domestic entity? All the parties were foreign nationals and were arrested outside of the US. The corporation was out of Hong Kong: Megaupload Limited P.O. Box No. 28410 Gloucester Road Post Office Hong Kong

You're quite right. Sorry, missed that part. PIPA, I believe, defined foreign sites as foreign TLDs, but for the FBI to arrest people in New Zealand would require extradition or cooperation from New Zealand authorities. Otherwise, I fully expect the US to be invaded by the Kiwis shortly.
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