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Megaupload: A Lot Less Guilty Than You Think

cyberlaw.stanford.edu

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Re: Megaupload: A Lot Less Guilty Than You Think

#71
post #60

If you think MU is the victim here and that the FBI are the criminals, you’ve got it backwards. They took down individual links only, while still keeping the infringing files on the server, and all the other un-reported links to that exact file (they also hashed each upload, so to detect duplicates, and complete the upload instantly and have 1 data file... a fingerprint system they never used to prevent re-uploads of…

Removing individual links makes sense--if someone filed a DMCA request with Dropbox for a song and it ended up getting removed from my Dropbox as well that would be ridiculous. In the case of something that is always illegal (say child porn) there would be a duty to remove all instances of a file, but when it's a case by case basis of whether or not there is a copyright issue it does not make sense to take files down…

> Removing individual links makes sense--if someone filed a DMCA request with Dropbox for a song and it ended up getting removed from my Dropbox as well that would be ridiculous.

Dropbox has a very clear concept of private files and public files. If a DMCA request was issued for a file you're storing in your public folder, I would certainly expect Dropbox to remove all instances of that file in all public folders on all accounts.

Re: Megaupload: A Lot Less Guilty Than You Think

#72
post #60

If you think MU is the victim here and that the FBI are the criminals, you’ve got it backwards. They took down individual links only, while still keeping the infringing files on the server, and all the other un-reported links to that exact file (they also hashed each upload, so to detect duplicates, and complete the upload instantly and have 1 data file... a fingerprint system they never used to prevent re-uploads of…

Removing individual links makes sense--if someone filed a DMCA request with Dropbox for a song and it ended up getting removed from my Dropbox as well that would be ridiculous. In the case of something that is always illegal (say child porn) there would be a duty to remove all instances of a file, but when it's a case by case basis of whether or not there is a copyright issue it does not make sense to take files down…

Random question here: Let's say I keep a backup of my movie and music library on Megaupload. Is there anything wrong with it? Like is it my duty to password protect the files in order that nobody else can access it? i.e. what I am trying to say is, does just because there is copyrighted content on Megaupload it has to be automatically illegal?

Re: Megaupload: A Lot Less Guilty Than You Think

#73

If you think MU is the victim here and that the FBI are the criminals, you’ve got it backwards. They took down individual links only, while still keeping the infringing files on the server, and all the other un-reported links to that exact file (they also hashed each upload, so to detect duplicates, and complete the upload instantly and have 1 data file... a fingerprint system they never used to prevent re-uploads of…

> Then they conspired (shown in leaked emails) to only follow DMCA requests coming from large US entities (while ignoring requests coming from Mexico, for example). Color me ignorant, but this doesn't sit right with me. Does the DCMA have international scope? Does the FBI enforce Mexican law?

There are various international acts, treaties, and arrangements on copyright and intellectual property.

You're copyright and IP rights don't disappear the moment the data crosses into the USA.

Re: Megaupload: A Lot Less Guilty Than You Think

#74

Earlier quoted context omitted.

If a file resides on a server, but has no access to the outside world, does the file still exist? When you delete a file, it is still technically retrievable even though your OS leads you to believe otherwise. The whole discussion on hashing and fingerprinting is irrelevant. Youtube could do the same thing, but they don't either. Also, those leaked emails , as you call them were actually emails that the feds obtained…

> If a file resides on a server, but has no access to the outside world, does the file still exist? When there are 100 more links to it? Yes. It exists. > So, there is a huge question as to what probable cause the feds had to search MU's mail server in the first place, given that MU was complying with the DMCA safe harbor provision. The rest of your post is one assumption after the other, that goes against what is re…

I guess I should have prefaced my last post by saying that I'm looking at the whole case from a legal perspective.

There is no question in my mind that MU thrived by appearing to comply with the DMCA, while encouraging illegal use of its service.

However, if the gov't wanted to really send these guys to jail for a long time, they appear to have screwed up the foundation of their case pretty well. If the initial search of the MU mail server was not found to be valid, the feds lose. If Cogent & Carpathia delete all of MU's data (i.e. evidence) and the feds can't prove in court that offending material existed, the feds lose. It's turned into a real mess from a prosecution standpoint. No wonder Kim pleaded not guilty instead of taking a plea bargain.

Re: Megaupload: A Lot Less Guilty Than You Think

#75
post #67

Earlier quoted context omitted.

> but when it's a case by case basis of whether or not there is a copyright issue it does not make sense to take files down en masse. I disagree. If you're hosting copyrighted material that I own, and I file a DMCA, I'd expect you to remove that material from the server / to stop hosting it. You just don't get to keep the data file and hide it behind more links.

Hopefully they also remove the one they're hosting for you, the copyright holder. If I had files in dropbox for personal use removed because someone filed a DMCA request against the same file someone else was sharing with everyone I'd be rather annoyed. Especially in the day of digital downloads. Just because 1 upload is using it in an infringing manor doesn't mean all of them are.

In that case, I'd be hosting my download somewhere else.

Re: Megaupload: A Lot Less Guilty Than You Think

#76
post #66

If you think MU is the victim here and that the FBI are the criminals, you’ve got it backwards. They took down individual links only, while still keeping the infringing files on the server, and all the other un-reported links to that exact file (they also hashed each upload, so to detect duplicates, and complete the upload instantly and have 1 data file... a fingerprint system they never used to prevent re-uploads of…

Say I've legally purchased an MP3 from Amazon and I decide to use my UberUpload to host the file so I can access it from any device. UberUpload decides to hash the file so it can depulicate the file and save disk space. Some other user downloads a pirated copy of the file TheArrrrrrBay and uploads it to UberUpload. The file hash is the same, so instead of storing the pirated version, UberUpload points to the legal co…

> Say I've legally purchased an MP3 from Amazon and I decide to use my UberUpload to host the file so I can access it from any device.

Then you should use a service that:

1) Does not provide unauthenticated access or public links for anyone to use to your backed-up MP3s from Amazon.

2) Is not known as the internet’s hub of piracy.

3) Did not offer bounties for people to upload copyrighted material.

Re: Megaupload: A Lot Less Guilty Than You Think

#77
post #19
post #11

I know this might sound like a conspiracy theory, but why did kim dotcom host servers in the U.S., clearly he knew about the issues that would present, so maybe he wanted to test the system legally and get a bit of spotlight for himself, the scapegoat turned avenger?

MegaUpload ran a net profit margin of around 40%. Hosting anywhere else probably would have wiped a lot of that out. Their main competitive advantage was download speeds in the USA - if you read online comments there was constant bitching about the speeds of other sites vs Megaupload. But forget the download servers being hosted in Virginia - what is much much worse is that they hosted their email servers at the same…

The indictment mentions NinjaVideo as an affiliate of some sort. Given that they were recently taken down for criminal infringement, it is possible that they found something in their emails or whatever which they were able to use against MU. Assuming that's true, one would expect them to go after any affiliates of MU next, using the evidence they've gathered in this case.

Re: Megaupload: A Lot Less Guilty Than You Think

#78
post #22
post #19

Earlier quoted context omitted.

MegaUpload ran a net profit margin of around 40%. Hosting anywhere else probably would have wiped a lot of that out. Their main competitive advantage was download speeds in the USA - if you read online comments there was constant bitching about the speeds of other sites vs Megaupload. But forget the download servers being hosted in Virginia - what is much much worse is that they hosted their email servers at the same…

That's a rational, measured assessment. You bring up an excellent point at the end: if all of their evidence is from the emails, how did they get the warrant to obtain the emails? I submitted it, but it looks like you already did so last week, and it didn't get much attention. I hope more people can see it from this thread.

Maybe they had a source inside MegaUpload.

Re: Megaupload: A Lot Less Guilty Than You Think

#79

Earlier quoted context omitted.

> Then they conspired (shown in leaked emails) to only follow DMCA requests coming from large US entities (while ignoring requests coming from Mexico, for example). Color me ignorant, but this doesn't sit right with me. Does the DCMA have international scope? Does the FBI enforce Mexican law?

There are various international acts, treaties, and arrangements on copyright and intellectual property. You're copyright and IP rights don't disappear the moment the data crosses into the USA.

That's not being asked. The question is wether a Mexican entity has legal standing to take legal action using a US law against a US-based entity in a US court.

Re: Megaupload: A Lot Less Guilty Than You Think

#80
post #66

Earlier quoted context omitted.

Say I've legally purchased an MP3 from Amazon and I decide to use my UberUpload to host the file so I can access it from any device. UberUpload decides to hash the file so it can depulicate the file and save disk space. Some other user downloads a pirated copy of the file TheArrrrrrBay and uploads it to UberUpload. The file hash is the same, so instead of storing the pirated version, UberUpload points to the legal co…

> Say I've legally purchased an MP3 from Amazon and I decide to use my UberUpload to host the file so I can access it from any device. Then you should use a service that: 1) Does not provide unauthenticated access or public links for anyone to use to your backed-up MP3s from Amazon. 2) Is not known as the internet’s hub of piracy. 3) Did not offer bounties for people to upload copyrighted material.

> Then you should use a service that:

> 1) Does not provide unauthenticated access or public links for anyone to use to your backed-up MP3s from Amazon.

UberUpload does not provide public links for "anyone to use your backed-up MP3s".

It provides links so material can be accessed but those links aren't public unless I make them so.

(Obama's direct phone number is private even though we know its format. The same principle applies here.)

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