Earlier quoted context omitted.
> Kim Schmitz has made a lot of money over a five to seven year period doing this. Probably more famous amongst German hackers but this is also the Kim "kimble" Schmitz of insider-trading letsbuyit.com fame who pulled PR stunts like launching "Young Intelligent Hackers Against Terrorism" (Yihat) to track down Bin Laden and before letsbuyit.com was trolling German coder newsgroups. After all that he tried attracting o…
Yes, Kim "Kimble" Schmitz is a name I remember from 90's. He was quite often on TV in Germany, showing off his luxurious life-style, girls and cocktails at a pool, that sort of thing. And then he was jailed. He is indeed a convicted criminal. The german Wikipedia has a nice overview over his former activities: http://de.wikipedia.org/wiki/Kim_Schmitz This guy has never been a modern Robin Hood.
Megaupload down, FBI Charges Seven With Online Piracy
341–350 of 357 posts
Re: Megaupload down, FBI Charges Seven With Online Piracy
#342Earlier quoted context omitted.
The other side of this SOPA battle is playing us like a fiddle. This WSJ article took our stance (it's not my stance but the majority here's stance) and attacked us with it by saying we're pro-piracy. That doesn't go over well outside this community. If we just got off the copyright/privacy topic for a minute and focused on the big picture we could fight more effectively. Point out that SOPA/PIPA are unnecessary beca…
> saying we're pro-piracy. That doesn't go over well outside this community. Just a side-note: that's not necessarily true, and a perception that is partially based on scare mongering. Vast numbers of people engage in "piracy", and it isn't seen as harmful by the general public. Hollywood and music industry aren't exactly as popular as their products either, and it's the biggest fans of those products that "pirate" t…
You make a good argument but that argument isn't aimed at the right audience. I for one have pirated copyrighted material but I wouldn't want my own work to be pirated and I'm actually for copyright. I'm pretty honest with myself so I recognize this disconnect and understand that SOPA is bad for the public but others like me hear "piracy" and immediately think of shady websites that steal credit cards and other individuals. It's always "someone else should be arrested for doing this but not me because (insert excuse here)". They just don't think of themselves or what they do as piracy. They think of it as isolated incidents that aren't a big deal even if their entire music collection came from the Pirate Bay.
The negative perception of piracy/pirates is fear mongering but it works. Also, despite the attitudes of Europeans that doesn't help. This is a US law and US citizens don't think that way. I don't want to offend anyone but I think that a lot of us here live in a bubble. We're surrounded by techies and programmers and people like us so we forget who we really need to convince.
It's people like our parents who we have to convince. Young people like me may get it completely of theyre tech savvy. If they're not then they get it to a decent degree. But young people in the US aren't as active in politics as they should be. There's been an impressive response to this but I still think our little bubble blinds us to the fact that far fewer people get it and are doing anything about this. Don't look at Occupy Wall Street, that issue comes from something that they personally relate to. Not having a job, being poor, and seeing the rich get richer while their financial situation isn't improving is very relatable, personal, and the cause lends itself easily to broad support. Piracy doesn't lend itself as well to such broad support. People aren't as concerned with the web as much they are about putting food on the table. To them this is a tech industry problem, not theirs.
I'm lucky and unlucky enough to be surrounded by mostly everyday folks and few techies. I'm 25 and I work primarily with people 10 to 40 years older than me (most are between 55-65). They're the people who vote. They can barely get MS Word to work. Those are, unfortunately, also the people who represent us in the US.
So while there may be decent support for piracy we still should broaden our scope and make this relatable to far more people. Make it about things people care about and use all the time like search engines and Facebook. If you tell them they could lose the ability to find what they search for because of censorship they'll come on board. If you say they can get sued or kicked off Facebook or YouTube for posting a picture or video of something copyrighted they'll be more responsive.
You're right that they may not care about due process so we can take that argument a step further and tell them in a way they understand. Instead of mentioning due process tell them their kid will (will not can) go to jail for posting the wrong thing on Facebook or downloading a single song. Or say they'll get a huge fine in the mail without warning. Let them know their online store will get shut down without warning and payments will be freezes. You'd be surprised at how many people who can barely use a mouse have had someone set up and online store for their little mom and pop shop or MLM business.
We're all so focused on logic and facts around here and that's not effective enough. It's one thing to have right on your side but it's another thing to be able to explain it to someone else. The web designers/developers here should understand this. We have to give our audience something they care about. We have to get people interested and listening before we can educate them and you do that by appealing to emotion by making it personal and relatable. I know it shouldn't be that way but that's how things work in the US. I'd rather swallow my pride and go about this in a way that works rather than insisting on being right and talking at people who don't want to listen.
You don't see the opposition talking about the facts, do you? They use emotion to get support. They make the word piracy negative and scare you with it while saying "we're doing this to protect you" which makes people okay with it. "Oh, so you just want to stop those dirty pirates? That's fine, put them all in jail because piracy is stealing and stealing is bad. Sure, I download a few torrents every now and then but I'm not a pirate" is the public's thinking. There's a lot of issues involved with SOPA and by trying to shove them all down the public's throat we're just overloading them and they're not listening. We have to focus on what gets this bill killed first and then try to change the attitudes of Americans. If we can just tell them how SOPA hurts the average working man without preaching about piracy and copyright we can kill this bill. Then we can all go off into our little splinter groups and do the same thing for piracy and copyright. 1. Kill SOPA. 2. Change attitudes towards piracy and copyright. 3. Stopping future SOPA style bills and getting pro-piracy/anti-copyright passed becomes far easier.
I won't be waving the pirate flag any time soon either. I'm still not convinced about it but I'm open to suggestion. The one reason I support copyright and am not a piracy fan is because as a creator I wouldn't want my work pirated. It would hurt me. But I'm still a consumer too and I see the danger of SOPA and don't want it passed. Even though I disagree with most people here I'm still with everyone in being against SOPA. I personally believe in a balance of power between creators and consumers. I'm willing to admit that the power is currently heavily favored toward the creators and wouldn't mind seeing copyright scaled back by a lot but I'm still not ready for it to go away completely nor do I think piracy is ethical.
Re: Megaupload down, FBI Charges Seven With Online Piracy
#343Larry, Sergey, and Eric better not drop the soap if they forget to pay off their local crime fighters.
Re: Megaupload down, FBI Charges Seven With Online Piracy
#344Earlier quoted context omitted.
Slopes aren't always as slippery as you may believe. The point of this is that the site actively promoted and profited from piracy. This isn't Facebook with someone posting a few lines from a song, this is The Pirate Bay. Think of it like this: have you ever successfully argued to a cop that you only drive over the limit 10% of the time ? What matters is the deliberateness of the speed you were doing when you got cau…
The deliberateness has never once mattered when I was stopped for speeding. It didn't matter if I was aware of my infraction, or if it was intentional. Just the speed. It didn't matter if I only drove over the limit 0.001% of the time, I was still busted. That's what I'm afraid of. A world where 1 user-posted file that someone claims is protected results in arrests and the total loss of my site.
Re: Megaupload down, FBI Charges Seven With Online Piracy
#345Hosting 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 m…
Censorship of the top-content list is actually a valid point against them. It means Megaupload had some system to identify infringing files, but rather than flagging them for investigation or deletion, they simply removed them from the public list.
If I see "OMG WAREZ.rar" in a news feed on my homepage, should I remove the file itself, all access to the file, or just the link to the file? What if I have a strict do-not-delete policy for user data? What if I have a strict do-not-download policy for user data (even public user data), to prevent me from accidentally possessing child porn on my work PC? Do I just make an arbitrary and capricious blacklist of file names?
It's absolutely not a valid point against them - their system for "identifying infringing files" was more like a system for "identifying bad-looking file names," which is tangentially related at best.
Re: Megaupload down, FBI Charges Seven With Online Piracy
#346Earlier quoted context omitted.
The RIAA represents WMG, UMG and Sony Music. Each of those has a bunch labels. They themselves are not labels. For instance, WMG corporate has no A&R staff. The business of music is different than the practice of it, and lumping it all into the "label" itself is disingenuous. The politics within those companies usually means the labels at the very edge (where marketing and A&R are) are often at odds with corporate/RI…
Division, brand, subsidiary, however you want to spin it. Common ownership, common responsibility. An entity cannot be "at odds" with a parent entity, such an assertion would be laughed out of court. Internal politics don't matter to the outside world.
It's not spin, its fact. I participated.
Re: Megaupload down, FBI Charges Seven With Online Piracy
#347Earlier quoted context omitted.
In other words, they don't bring cases that they can't win. If you are Federally indicted, it's because they have more than enough evidence to convict. They don't like to lose cases, so they don't bring cases that are risky.
> In other words, they don't bring cases that they can't win. That's not what I wrote. I wrote that they can convict anyone because they have vastly more resources and everyone commits several felonies/day, that is, is guilty. Are you claiming that being able to win because of extra resources is good or is it the "everyone is a criminal" part that you like?
The reason that they can win or settle so many of their cases isn't their extra resources (which can be vast). It's that they are selective in the cases they choose. This ends up being self-reinforcing too - the more cases that they settle, the more the reputation that they have a strong case, which increases the likelihood that the next case will settle.
Their extra resources come into play when evaluating a single case, but when looking at the population of possible cases, it is their selectivity that skews the percentages in their favor.
Re: Megaupload down, FBI Charges Seven With Online Piracy
#348Earlier quoted context omitted.
Let's analyze the propaganda speak here: > Megaupload never complied with DMCA requests Based on not only the experience of others, but the claims of the DoJ itself, this is clearly false. > The site charged for access to, and provided advertising around, pirated content. This is true in the same way YouTube provides advertising around, and your friendly local ISP provides access to, pirated content. > The site paid…
>> The site charged for access to, and provided advertising around, pirated content. > This is true in the same way YouTube provides advertising around, and your friendly local ISP provides access to, pirated content. I can get the full "The Dark Knight" in 720p on YouTube? Links please
Re: Megaupload down, FBI Charges Seven With Online Piracy
#349Earlier quoted context omitted.
>> The site charged for access to, and provided advertising around, pirated content. > This is true in the same way YouTube provides advertising around, and your friendly local ISP provides access to, pirated content. I can get the full "The Dark Knight" in 720p on YouTube? Links please
You can host videos on Youtube that don’t show up in search results and link to them from 3rd party websites. That’s exactly like Megaupload, but with streaming.
Re: Megaupload down, FBI Charges Seven With Online Piracy
#350Earlier quoted context omitted.
DMAA safe harbor only applies if you are not aware of the infringing content. If you have a bunch of links to the same file and only take down one then you have no protection under DMCA and the standard 'greater-than $3k damages then go to jail' applies. There is also a red flags test. If a reasonable person would be aware that the site is hosting files that infringe then it's not protected. And also you can't get di…
> If you have a bunch of links to the same file and only take down one then you have no protection But the existence of a copy does not tell you whether the uploader had the appropriate license from the copyright holder, or is the copyright holder, of that copy. Files do not fit into "legal" and "illegal" bins by the order of the bits alone. Let's say I create and sell a software package. I upload it to my Megaupload…