megaupload has been taken down by the FBI

[Estebang]

Well yeah, that would be the exception. But if you didn't own the rights to something and didn't have permission to use it, you couldn't post it ("fair use?" fuck that!).

[Ed Oscuro]

I would not be surprised if YouTube was forced to completely ban non-user-created content within the year.

The cause of this, according to the DOJ, was basically flaunting the rules. Like I said, the DMCA takedown procedure allows a level of compliance, and it's not like Youtube hasn't been paying attention to that until now.

I would not be surprised if YouTube was forced to completely ban non-user-created content within the year.

They can't do it across the board... plenty of people post their copyrighted work (which they own the copyright to) for advertising. That will always be some type of loop hole to get stuff up there.

I don't understand what you mean. How is posting your own copyrighted work - be it vacation or cute hamster photos, or your spot for Snickers starring Don Rickles (you're not the same person when you're hungry) - not the same as posting user created content? "User" here is meant in the sense of "actual copyright owner," not "Internet Account." The test is whether you, or whatever entity owns the rights, have the right to distribute or perform that work. If you are a copyright owner, you obviously retain rights to transmit your works across the Internet. If you're not a copyright owner, you can still be licensed.

Well yeah, that would be the exception. But if you didn't own the rights to something and didn't have permission to use it, you couldn't post it ("fair use?" fuck that!).

It's always amusing to see somebody yell "FAIR USE!" when they post the entirety of a song or something. Wikipedia's media reproduction fair use policy should give you an idea - no full-rez screencaps of movies, no full scans of movie posters. Fair use is intended for purposes like allowing critical comment, not to give you free soundtracks for your videos. Fair use is also weighed against the copyright owner's right to profit from their work, so if I simply argue that I am posting a full album of copyrighted music to help in a project of teaching and commentary about that music, it becomes prejudicial (big legal word, just means "detrimental") to the copyright owner's interests (i.e. making some money from sales).

[Estebang]

At any rate, the spectrum of file hosting services may all simply shut themselves down out of fear.

[Ed Oscuro]

At any rate, the spectrum of file hosting services may all simply shut themselves down out of fear.

If they don't have good lawyers then why are they taking the risk? The DOJ can't invent laws; if they follow the letter of the law they ought to be fine.

With any prosecution there is some discretion on the part of the Feds but they are going to be reluctant to take a case they can't win. For sure, this will scare the smaller sites and owners without deep pockets, but nobody said defending against charges like this should be cheap.

It probably helps not to build a case for the DOJ by writing things in company emails and chats about copying Youtube videos for Megaupload, looking around their own service for copies of The Sopranos episodes, and so on.

There is some discussion here and there on the question: Why now? Gizmodo is off to a good start but this is a much better treatment of the question, raising the obvious point that the DOJ obviously didn't need SOPA and PIPA to take down rouges at Megaupload (and, aside from that, the DOJ really doesn't need to push for bills going through Congress, and while it seems obvious they might appreciate and even push for SOPA- and PIPA-like legislation for a better angle of attack at the problem).

[evil_ash_xero]

This seems to be having an impact on other sites. Filesonic has shut down hosting. You can only host your own files, for yourself. It said it was temporary, but it's not a good sign.

And some other blogs, that have links to file hosting sites, are gone. Like holyfuckingshit4000. Stupid name, but it had a lot of good albums on it.

[Khan]

Yep Filesonic and Fileserve have shut their doors too, Filesonic is going to lose alot of money and will probably die out over all this I think rapidshare is still going though not sure about mediafire or hotfile

[AeroCityMayor]

Yep Filesonic and Fileserve have shut their doors too, Filesonic is going to lose alot of money and will probably die out over all this I think rapidshare is still going though not sure about mediafire or hotfile

I just got stung for 3 weeks subs on the filesonic "closure"

Hotfile deleted almost everything in February last year (I lost out in 5.5 months subs there)

Cheers,

Ralph.

[Khan]

Yep Filesonic and Fileserve have shut their doors too, Filesonic is going to lose alot of money and will probably die out over all this I think rapidshare is still going though not sure about mediafire or hotfile

I just got stung for 3 weeks subs on the filesonic "closure"

Hotfile deleted almost everything in February last year (I lost out in 5.5 months subs there)

Cheers,

Ralph.

5.5 months!?? I would have called my credit card company and asked for my money back! since they didnt deliver the service I required theres me thinking the 3 days i lost out stung me bad lol

[Elixir]

http://kotaku.com/5878337/arrested-mega ... onents-say

That's it, burn him.

[mesh control]

THAT'S THE FINAL STRAW. >:[>:[>:[>:[>:[

[Khan]

lol quake on the barrysworld servers man that dude oldskool I used to play unreal tournament 99 on the barrysworld servers

but yea the whole storty makes mr dotcom seem like a total douche and the cars that have been confiscated along with the reg plates that read Evil God Good ect makes him seem like a self obsessed egomaniac

[kid aphex]

I played him on a few OSP servers back in the day

[Skykid]

but yea the whole storty makes mr dotcom seem like a total douche and the cars that have been confiscated along with the reg plates that read Evil God Good ect makes him seem like a self obsessed egomaniac

A shockingly unattractive self-obsessed egomaniac. He deserves to go to prison for offending the eye.

[Gus]

He gave you guys an easy way to obtain a shitload of pirated stuff and just happened to enjoy 10 hours a day of MW3 on the side. Why all the playa hatin?

[Estebang]

I would suggest that everyone with a Mediafire account promptly delete it, because the site will be subject to an FBI investigation within the next 90 days.

They've already taken most everything down.

[Ed Oscuro]

He gave you guys an easy way to obtain a shitload of pirated stuff and just happened to enjoy 10 hours a day of MW3 on the side. Why all the playa hatin?

'cuz he brought a bunch of bad, bad attention to download sites

MU didn't start the business. I'm pretty sure Rapidshare.de was there long before.

Maybe this will weed out the weak sites but it was nice having some choice.

[gs68]

On a similar note, I've been hearing much about the Anti-Counterfeiting Trade Agreement (ACTA) and the effects it will potentially have on countries that enter into the agreement, specifically in particular to piracy and similar issues.

I wish I could believe that what everyone's saying about it is just massive hyperbole, but it's getting harder to do that.

[Michaelm]

'cuz he brought a bunch of bad, bad attention to download sites

Like what ?

[Ex-Cyber]

On a similar note, I've been hearing much about the Anti-Counterfeiting Trade Agreement (ACTA) and the effects it will potentially have on countries that enter into the agreement, specifically in particular to piracy and similar issues.

I wish I could believe that what everyone's saying about it is just massive hyperbole, but it's getting harder to do that.

There are some odd rumors about it, but now that the text is out I've skimmed it and see some troubling stuff. It seems to require measures in the vein of SOPA/PIPA (not specifically DNS censorship, but something that would be similarly "prompt and effective"), and for the governments of the signatories to start pumping out propaganda about "the importance of respecting intellectual property". It also requires that rights be respected, but I don't see how it's possible to achieve that while also being "prompt and effective". We'll probably hear a lot more about "balancing" freedom of expression against copyright enforcement.

[mesh control]

I would suggest that everyone with a Mediafire account promptly delete it, because the site will be subject to an FBI investigation within the next 90 days.

They've already taken most everything down.

Hmm....seeing that I have mostly OOP indie releases on mine, I'm not too worried. Curious to see how this goes.

[TLB]

http://ondemand.tv3.co.nz/Campbell-Live ... fault.aspx

watch. see your last hope, internuhtz.

[Skykid]

http://ondemand.tv3.co.nz/Campbell-Live ... fault.aspx

watch. see your last hope, internuhtz.

He convinced me. Seems like a stand up guy, I can't see any legal right for the US to shut down his business.

[CMoon]

Great video. He says 'I'm not a criminal' a few too many times, but on the other hand, he shouldn't actually be responsible for 3rd party content, and if he did everything to respond to the complaints of other companies (even allowing them free access to delete files), I don't get how the prosecution even has a leg to stand on. Will be curious to see how things proceed.

I agree very much with the notion here that we have an old, antiquated system punishing a new system. Basically these are growing pains.

[Skykid]

Great video. He says 'I'm not a criminal' a few too many times, but on the other hand, he shouldn't actually be responsible for 3rd party content, and if he did everything to respond to the complaints of other companies (even allowing them free access to delete files), I don't get how the prosecution even has a leg to stand on. Will be curious to see how things proceed.

I agree very much with the notion here that we have an old, antiquated system punishing a new system. Basically these are growing pains.

If what he says is true, then he covered his ass legally. This could be a painful backfire on the FBI if they lose the extradition in August and Megaupload has a right to resume, but it will be a victory for internet freedoms.

[Ex-Cyber]

even allowing them free access to delete files

Maybe I just missed it, but I don't think he actually says that. He does say that they had access to delete links, which is consistent with one of the key (IMO) allegations made in the indictment: that MU would delete reported links but leave unreported links to the same file active.

[Moniker]

If what he says is true, then he covered his ass legally. This could be a painful backfire on the FBI if they lose the extradition in August and Megaupload has a right to resume, but it will be a victory for internet freedoms.

Wouldn't count on it. While I don't have a real handle on the US legal system, MU was essentially Piracy, Inc. He must've fucked up somewhere. I don't buy for a second that he's genuinely surprised by his present situation. Though this may be in part my disgust at his personality and physical appearance talking.

[Skykid]

If what he says is true, then he covered his ass legally. This could be a painful backfire on the FBI if they lose the extradition in August and Megaupload has a right to resume, but it will be a victory for internet freedoms.

Wouldn't count on it. While I don't have a real handle on the US legal system, MU was essentially Piracy, Inc. He must've fucked up somewhere. I don't buy for a second that he's genuinely surprised by his present situation. Though this may be in part my disgust at his personality and physical appearance talking.

Can't blame you for the physical appearance, although I was surprised by his personality (as in, he isn't the brainless doof he appears to be).

I don't know if you watched the interview through, but there is some detail there about the MU operation and why the operators aren't liable for third party content under American law, protected in the same manner as Google, Youtube etc.
I'm curious to hear the case stated, b/c if MU have proof that they removed links when flagged, legally that's all they're required to do to comply with the law.

Digital Millennium Copyright Act (DMCA)

Online Copyright Infringement Liability Limitation Act

[nem]

Bloody hell, I never knew Kim Schmitz was behind Megaupload. Dude's an ass of epic proportions.

[Ex-Cyber]

I'm curious to hear the case stated, b/c if MU have proof that they removed links when flagged, legally that's all they're required to do to comply with the law.

If they removed all links to any reported file, they might be in the clear. However, if they removed only the reported links while leaving the file accessible by other links/means (which the indictment specifically alleges; see paragraphs 20-23 in the original indictment), I think that's a problem for them. Here's the key DMCA bit:

(C) upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.

I'm no lawyer or legislator, but it seems obvious that "the material" is meant to refer to the actual data, not to just an identifier/name/link. Links are often used in DMCA notices, but the purpose of that is to comply with this required element of a takedown notice:

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

A link serves as "information reasonably sufficient to permit the service provider to locate the material". It would be ridiculous to require the party sending the notification to generate an exhaustive list of every possible identifier for that underlying resource, especially since it would not be difficult to set up a system in which an effectively infinite number of identifiers refer to the same resource.

[Skykid]

^ Right ok, so in a nutshell, they were meant to remove the infringing file from their servers but only removed the offending link flagged up?

That makes more sense I guess.