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Megaupload Shutdown: Should RapidShare and Dropbox Worry?

An anonymous reader sends in an article discussing whether other commonly used file storage sites are in danger of being shut down now that Megaupload has been closed. Quoting: "In the wake of the crackdown on the file-sharing website Megaupload, sites offering free content-sharing, file linking and digital locker services, such as RapidShare, SoundCloud and Dropbox, could be next in the crosshair of anti-piracy authorities. ... RapidShare and MediaFire are two of the biggest services left after Megaupload's exit. However, these sites have undergone a revamp, and now ... no longer host pirated content that could lead to a permanent ban. Others in the line of fire are DropBox, iCloud and Amazon S3, which support hosting any file a user uploads. Though their intention of supporting open file-sharing is legitimate, there is really no control over the type of content being uploaded."

428 comments

  1. Yes by tehlinux · · Score: 5, Informative

    Yes they should.

    --
    Most linux users don't know this, but the man pages were named after Chuck Norris. Chuck Norris fsck'ing hates noobs!
    1. Re:Yes by FreeCoder · · Score: 5, Informative

      You're correct, and there's big difference between RapidShare and the likes of Dropbox. MegaUpload, RapidShare etc is clearly profiting from copyrighted content. They pay users to upload popular files, and in 99% of cases it is pirated content. In turn they profit when users want to access those files. It's a huge "industry", and there will most likely be many more arrests when the list of affiliates that directly made money by uploading copyrighted content without permission goes public.

      Dropbox doesn't have any such incentive for users, and they're free to download from. It's the uploader that pays for file upload space just like with web hosting, and he (nor Dropbox) cannot make money by uploading pirated content.

    2. Re:Yes by Anonymous Coward · · Score: 0

      Add ScribD to the list--they pander for uploads of copyrighted material.

    3. Re:Yes by icebraining · · Score: 1

      Of course they do. All (new) material is copyrighted. Even this post.

    4. Re:Yes by Jarik+C-Bol · · Score: 3, Insightful

      The trouble is, thats like saying Toshiba, Seagate, Samsung, Hitachi and Western Digital are profiting from Pirating because people store illegally acquired content on their hard drives. Going after these services is treating a symptom, not the root cause. Companies like dropbox are not deliberately making money from 'pirated' content. They make money because people pay them to host files. Now, those files could be pictures of cats, nuclear secrets, or a stolen copy of 'ghostbusters' without deeply invading the privacy of their users, there is no practical means by which they could ensure that every file they host is legal. It is not their place, nor should they be expected to, Police the content their users upload.

      --
      I've decided to Diversify my Holdings. I've divided my cash between my left and right pockets, instead of all in one.
    5. Re:Yes by FreeCoder · · Score: 5, Insightful

      It's not a matter of expecting them to police content or users, it's a matter of MegaUpload's intentions. The site was clearly profiting from piracy. Likewise, not all hosting companies are going to be illegal just because police bust a hosting company that clearly is profiting from illegal content, for example by naming themselves "Child Porn Hosting" or "Warez ISP" or where it can be proofed that the company is actively acting as such. In this case MegaUpload's internal emails also showed they were fully aware of this. On top of that they went around DMCA laws by not actually deleting the files. If other user uploaded the same file, it was not actually uploaded again but was only given private url. When DMCA notice came, only the specific URL was disabled and the infringing content was still available at any other URL. Then there is still the whole matter of directly profiting from it.

    6. Re:Yes by fightinfilipino · · Score: 4, Insightful
      charging piracy for this is incredibly problematic, though. if the model is basically "we pay if your file is popular", but there is no checking of the actual file, whether the user has actual rights to the file or not, or encouragement of piracy specifically, all that's left is accusing MegaUpload of encouraging popular files.

      last i checked, not only is it NOT illegal to pay for popular things, it's ALSO one of the fundamental principles behind the "free market".

      this whole thing is troubling. especially since services like MegaUpload CAN serve as alternative distribution channels out of the control of old media. if old media can get these services shut down, it's not because of any criminality: it's because they're trying to eliminate competing business models.

    7. Re:Yes by poity · · Score: 5, Insightful

      No, the issue isn't about storage of pirated files, it's about leveraging access to pirated content in order to make money.

      The difference between MU and hard drive makers is that hard drive makers don't have revenue sharing schemes whereby they pay people who advertise and sell hard drives filled with pirated content. The more apt comparison would be a situation wherein Toshiba, Seagate, etc. are paying private individuals who possess pirated content to make that content available to the public in a scheme to drive hard drive sales.

      --
      your thin skin doesn't make me a troll
    8. Re:Yes by Anonymous Coward · · Score: 0

      But I will gave a example, Dropbox on the other hand might not get shutdown. Due to the fact that some branch's of US Government law enforcement agencies have been using it for data transfer storage while out in the field. In the end I could see Dropbox increasing their polices on hosting copyright content.

    9. Re:Yes by shark72 · · Score: 5, Insightful

      if the model is basically "we pay if your file is popular", but there is no checking of the actual file, whether the user has actual rights to the file or not, or encouragement of piracy specifically, all that's left is accusing MegaUpload of encouraging popular files.

      Note the IF. What you describe is not how MegaUpload operates. If the indictments are to be believed, the operators were caught numerous times encouraging the sharing of content that they knew to be pirated.

      You're correct that a truly content-agnostic file storage and sharing site should have nothing to fear. DropBox is safe. The operators of MegaUpload, however, serve as a textbook example of purposely avoiding all the safe harbor opportunities. This isn't because they were stupid -- far from it -- but because this is their very business model.

      The legal concept of mens rea -- latin for "guilty mind" -- applies here. The MegaUpload guys, through their actions, have been nailed fair and square. This is their choice. They took the lucrative, but risky, path, of actively courting piracy. Their business model is wholly different than that of DropBox.

      --
      Sitting in my day care, the art is decopainted.
    10. Re:Yes by X.25 · · Score: 5, Interesting

      You're correct, and there's big difference between RapidShare and the likes of Dropbox. MegaUpload, RapidShare etc is clearly profiting from copyrighted content. They pay users to upload popular files, and in 99% of cases it is pirated content. In turn they profit when users want to access those files. It's a huge "industry", and there will most likely be many more arrests when the list of affiliates that directly made money by uploading copyrighted content without permission goes public.

      So, for the sake of the argument, let's assume that 'pay for downloads' program is still running on Mega.

      And decides to upload a new song that (s)he just made.

      And 50 million people download it.

      And (s)he gets paid by Mega.

      Would you have any objections to that?

      Program in itself is not a problem. Problem is that most popular downloads were those that infringed copyright and were uploaded by random people.

    11. Re:Yes by Dr.+Hellno · · Score: 5, Interesting

      If you find the closure of Megaupload troubling, just read the indictment. I won't consider the legal matters here, but the emails cited in the indictment paint a pretty clear picture of intent. They show that:

      A) In many cases, Megaupload employees knew that *specific* files on the site were in violation of copyright, but they took no action to remove the content
      B) Knowing specific files were copyrighted, megaupload still paid out rewards to those files' uploaders
      C) In a few instances, staff members shared links to copyrighted content with eachother and with the internet at large.

      Those are just the most egregious points, which basically demolish their claim of safe-harbor. But there's more: The claim of conspiracy at first sounds ridiculous and overblown, but it begins to make sense when the indictment describes all the ways Megaupload is alleged to have actively worked to conceal piracy. Claims of DCMA compliance are shot to pieces by an allegation that certain links were the subject of takedown notices, but remained active for over a year. I could go on, but just read the thing yourself, it's actually pretty interesting for a while.

      The guys at Megaupload sound hella guilty. The only other explanation is a massive conspiracy involving the FBI and the Justice Department, but I have trouble believing that.

    12. Re:Yes by thsths · · Score: 3, Informative

      > last i checked, not only is it NOT illegal to pay for popular things, it's ALSO one of the fundamental principles behind the "free market".

      Sure, it is called selling content. But you can only sell content you own, not content that someone pirated for you.

      Dropbox and similar services get around this problem by offering a service, not content. You can upload your files, you can download your files, and you can even share your files. Dropbox has no incentive for illegal content.

    13. Re:Yes by X.25 · · Score: 0

      It's not a matter of expecting them to police content or users, it's a matter of MegaUpload's intentions. The site was clearly profiting from piracy. Likewise, not all hosting companies are going to be illegal just because police bust a hosting company that clearly is profiting from illegal content, for example by naming themselves "Child Porn Hosting" or "Warez ISP" or where it can be proofed that the company is actively acting as such. In this case MegaUpload's internal emails also showed they were fully aware of this.

      Do you think police would find similar emails in mailboxes of most hosting providers' personnel, considering that they are very aware how the dedicated servers are being used for various illegal activities?

      Why are they not held responsible, and yet they profit from those activities (and are fully aware of it)?

    14. Re:Yes by Anonymous Coward · · Score: 5, Informative

      The standard created by the grokster SCOTUS case rest upon if they are "inducing" users to infringe copyright. I think that rapidshare and megaupload clearly fit that standard based upon their business models but dropbox does not.

    15. Re:Yes by flappinbooger · · Score: 0

      MPAA / RIAA Sez -> Allz Teh Komputarz in de werldz - Dey must be made illegalz! It iz de only way!

      --
      Flappinbooger isn't my real name
    16. Re:Yes by anagama · · Score: 4, Insightful

      You have made a couple assumptions in your post by relying solely on the indictment. As Glenn Greenwald pointed out in his article on the civil liberties issues at play here, http://www.salon.com/2012/01/21/two_lessons_from_the_megaupload_seizure/singleton/ :

      The Indictment is a classic one-side-of-the-story document; even the most mediocre lawyers can paint any picture they want when unchallenged. That's why the government is not supposed to dole out punishments based on accusatory instruments, but only after those accusations are proved in an adversarial proceeding.

      What you have done is convict MegaUpload based on nothing more than an assertion by the government, likely at the prodding of *AAs. The story told in the indictment may or may not be true and it definitely presents only one side of the story. Its this sort of rush to judgment, that allows the government to exercise due process free detention and execution and barely anybody bats an eye. Glen says it better than me though:

      Whatever else is true, those issues should be decided upon a full trial in a court of law, not by government decree. Especially when it comes to Draconian government punishments - destroying businesses, shutting down websites, imprisoning people for life, assassinating them - what distinguishes a tyrannical society from a free one is whether the government is first required to prove guilt in a fair, adversarial proceeding. This is a precept Americans were once taught about why their country was superior, was reflexively understood, and was enshrined as the core political principle: "no person shall be deprived of life, liberty, or property, without due process of law." It's simply not a principle that is believed in any longer, and therefore is not remotely observed.

      --
      What changed under Obama? Nothing Good
    17. Re:Yes by stephanruby · · Score: 2

      It's the uploader that pays for file upload space just like with web hosting, and he (nor Dropbox) cannot make money by uploading pirated content.

      Yes, Dropbox provides no incentive for users to upload copyrighted content, and you have to pay to upload content (aside from the 2GB of free space you get with a free account).

      But technically one could argue that Dropbox itself profits more heavily from the users uploading copyrighted content (than the users who are just uploading their personal stuff). If you host a file-sharing site that's cashflow-positive and that has a scalable business model, any super popular (most likely copyrighted) content that is uploaded on your servers will most likely be a better Return On Investment than the non-popular kind.

      After all, Dropbox profits from converting free users (even free downloaders) into paid customers, so the more they can increase the throughput of eye balls to their site, the more they'll profit from the free publicity they're getting. And also, super popular content needs to be only stored once, even if it's downloaded a million times, so if you're just caring about the number of eye balls you're getting, it will be cheaper for you to get that same number eye balls through the more popular (usually copyrighted) content out there than the non-popular content.

      And that's what is so insidious about the new logic the FBI is using. A previously legal activity doesn't magically become illegal overnight, just because the FBI thinks somebody has been taking advantage of the flaws in our system. That's not how our legal system works (unless the Congress says it does). Just take our financial system as an example, that system is flawed too, and thousands of financial industry executives and mortgage brokers have taken advantage of that fact, but you don't see the FBI or the Federal Reserve suddenly storming those guy's mansions with SWAT teams and throwing them in jail.

    18. Re:Yes by genner · · Score: 1

      Of course they do. All (new) material is copyrighted. Even this post.

      Yup and it belongs to Slashdot now. Read the fine print.

    19. Re:Yes by laughingcoyote · · Score: 4, Insightful

      No, it's not a matter of intentions. All the companies listed above (hard drive manufacturers) and many others (computer manufacturers, broadband ISPs, component manufacturers, encryption providers, etc.), directly or indirectly benefit from piracy, because to a significant portion of their users, that's a main or sole reason for using their product/service. That does not mean they are responsible for the actions of their users, any more than the telephone company can be sued under anti-telemarketing laws even though they very well know some users are violating them.

      Also, your naming bit fails to make sense. The site was called "MegaUpload". "Mega" is a very common prefix, and "Upload" is exactly what the site allowed its users to do. I fail to see how that connotes illegal activity. Nor do I see how the internal emails matter-I'm sure any site that allows user uploads discusses internally the likelihood that some of those are copyright violations and what to do about them. I imagine you'd find similar emails at Flickr or Youtube, and I know you'd find discussions of that sort on Wikipedia. It's an inevitability of running a user-generated content site.

      Faking compliance with DMCA requests, on the other hand, is likely to land you in trouble-and is the only thing you list that should land you in trouble. I haven't seen anything about that though, could you please provide your source for that?

      --
      To fight the war on terror, stop being afraid.
    20. Re:Yes by george14215 · · Score: 1

      Dropbox doesn't have any such incentive for users, and they're free to download from.

      Minor nit. Are you suggesting that Megaupload requires downloaders to pay? That's false. It is true, however, that it is slow/inconvenient for people to download from Megaupload for free. Agree in general with your distinction between the business models of Dropbox and Megaupload/Rapidshare/et. al. Finally, if Dropbox is in trouble, then so is Google (via Google Docs).

    21. Re:Yes by Anonymous Coward · · Score: 0

      Although psychotical offensive, is http://goatse.cx/ copyrighted including its ASCII art?
      JCPM: what's the concept of "I don't want to see it, neither goatse, nor copyright."? To be blind?

    22. Re:Yes by kelemvor4 · · Score: 4, Interesting

      As long as the government is able to shut your business down BEFORE going to trial, every business should worry. Especially businesses in the same industry as megaupload.

    23. Re:Yes by laffer1 · · Score: 1

      Not only that but Google does the exact same thing on YouTube. You can post a video and get paid for advertising shown with the video. They have a ton of things you have to agree to that it's not pirated content and you own the copyright, but still...

    24. Re:Yes by Jane+Q.+Public · · Score: 4, Interesting
      At last a voice of reason.

      When will the average American (or, perhaps more importantly, politicians) learn to distinguish punishment for illegal activity from prior restraint?

      Hint: in general terms, it is not permissible in this country to prevent people from performing a certain act simply because some of them might commit a crime.

      Laws exist to punish actual criminals, not to prevent people from committing innocent acts just because their neighbor might be a criminal. The former represents justice, the latter unconstitutional government oppression.

      "Faking compliance with DMCA requests, on the other hand..."

      Even the DMCA goes too far, however, by forcing acts based on mere accusations, before there can be any "due process".

    25. Re:Yes by Dan+East · · Score: 4, Insightful

      The MegaUpload guys, through their actions, have been nailed fair and square. This is their choice. They took the lucrative, but risky, path, of actively courting piracy. Their business model is wholly different than that of DropBox.

      What blows my mind is that this Kim Dotcom guy could be THAT greedy. Obviously he has some minimal amount of required intelligence to get the infrastructure and technology in place to operate at the massive scale that MU was at. However, it seems to me that anyone in their right mind would bail from something so risky after reaping a few tens of millions of dollars. He could have stopped a year or two ago, after putting away millions of dollars, and claimed that although he tried to run a legitimate, legal online business, too many people were taking advantage of his site in ways he didn't intend or condone, but it would require too many resources to try and police all the uploaded files. So his only recourse was to shut down the sites and close up shop. He'd have almost certainly escaped any legal problems once everything was shut down, and he could've just quietly taken his money and lived high off the hog for the rest of his life.

      But no, this guy was greedy. REALLY greedy. $4.9 million in cars alone at his main residence. $24 million dollar estate. $12,000 PER DAY rent for their office headquarters in Hong Kong. Money was his downfall, that's for sure.

      http://newsfeed.time.com/2012/01/21/megaupload-founder-kim-dotcom-by-the-numbers/?iid=biz-main-mostpop2

      --
      Better known as 318230.
    26. Re:Yes by Anonymous Coward · · Score: 0

      The guys at Megaupload sound hella guilty.

      Like that Dr. Hellno guy, who I have been led to understand often kicks puppies, eats kittens, and has long corrupted youth by discussing piracy on the Internets.

      (I've heard it said that he uses Microsoft products, as well.)

      Thankfully, there's still some vestige of justice left in our justice system, and 'sounding hella guilty' means jack shit.

    27. Re:Yes by Thing+1 · · Score: 4, Funny

      What blows my mind is that this Kim Dotcom guy could be THAT greedy.

      Exactly, he should have taken a lesson from the 1% and stopped at ... destruction of society?

      --
      I feel fantastic, and I'm still alive.
    28. Re:Yes by paiute · · Score: 5, Funny

      ...Toshiba, Seagate, Samsung, Hitachi and Western Digital are profiting from Pirating because people store illegally acquired content on their hard drives.

      Somewhere a lawyer smiled in his sleep and kicked his feet like a puppy after a bunny rabbit.

      --
      If Slashdot were chemistry it would look like this:Cadaverine
    29. Re:Yes by Thing+1 · · Score: 1

      Just take our financial system as an example, that system is flawed too, and thousands of financial industry executives and mortgage brokers have taken advantage of that fact, but you don't see the FBI or the Federal Reserve suddenly storming those guy's mansions with SWAT teams and throwing them in jail.

      Agreed; we need more technically competent people to abandon their roles and seek government positions, because those positions are currently mostly filled by people close to "too-big-to-fail finance". Unfortunately, most technically competent people enjoy controlling machines more than they enjoy controlling humans. What is really too big to fail? Fucking physics. And it's already been proven to fail (was different at the big bang; is different within a black hole; and might be different as the universe ages); but we know that banking which requires exponential growth will fail, and much sooner than physics will.

      --
      I feel fantastic, and I'm still alive.
    30. Re:Yes by Hentes · · Score: 2

      That's like saying that antivirus developers are responsible for viruses because they profit from their existence.

    31. Re:Yes by cowboy76Spain · · Score: 2

      Nonsense. It is like saying that if the police catch me selling several bags of drug, they should leave me free (and let me keep the drug) until the trial finishes.

      They need judicial oversight (it is closed not because the government asked for it, but because a judge saw enough evidence to give the go ahead), which is not the same that a trial (which may take some time to end).

      --
      Why can't /. have a rich-text editor? Editing your own HTML is so XXth century.
    32. Re:Yes by Theaetetus · · Score: 3, Insightful

      No, it's not a matter of intentions.

      Look up "induced infringement." It absolutely is a matter of intention.

    33. Re:Yes by paiute · · Score: 1

      Of course they do. All (new) material is copyrighted. Even this post.

      Yup and it belongs to Slashdot now. Read the fine print.

      No, he cut and pasted that comment from my new book, "Useful Comments for Online Forums", which is registered with the US Copyright Office. Unless Slashdot deletes this and all the other comments stolen from my book, this site will be shut down forthwith.

      --
      If Slashdot were chemistry it would look like this:Cadaverine
    34. Re:Yes by icebraining · · Score: 1

      Actually, it still belongs to the poster. They just have a "royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed".

      Which means, they can do whatever they want with it, but so do we. If they actually owned the copyright, we'd need to ask their permission to use the comments outside of /.

    35. Re:Yes by LordLimecat · · Score: 1

      any more than the telephone company can be sued under anti-telemarketing laws even though they very well know some users are violating them.

      If they profit from it and subtly encourage it for the sake of profit, absolutely they can.

      In fact if I recall that was the huge point of contention in the many Youtube cases: did youtube get its start by encouraging illegal content or not? Youtubes intentions were very relevant to the case.

    36. Re:Yes by FreeCoder · · Score: 1

      They actually police that the advertisers who get to do that own the content. You cannot just upload anything you want and start making money from it. MegaUpload was exactly the opposite.

    37. Re:Yes by Anonymous Coward · · Score: 5, Insightful

      Who doesn't benefit from copyright infringement? Think about this: how many people would pay $50 or so for high speed internet every month if they couldn't download whatever they wanted? If you were restricted to only going to public domain sites, previewing one tenth of a song only before buying it, not allowed to download a movie and see it pixellated before going to theaters or buying the DVD, or couldn't download an ebook of a book to flip through before buying it, how much would that influence whether you even decided to keep an internet connection or not? Imagine if any of these actions which could lead to purchases resulted in an immediate arrest with no possibility of not getting caught (imagine a rigid system for this hypothetical situation). Would you still use the internet that much? What would the internet then become? A giant outlet for shopping, wikis, and social networks, and that's it?

      A good question is what percentage of the internet relies on piracy -- both services like Wordpress and paid storage like GoDaddy hosting? Are subscriptions to high speed internet contingent upon users being able to pirate every now and then even if it's not to a really huge degree? How much would 4Mbps versus 1Mbps matter if you literally couldn't download DVDs, MP3s, pdfs, etc. without knowing you'd get caught? If you were restricted to mostly non-media-rich sites, how much would you need those extra Mbps?

      Then what about the recording industries? How many people would buy songs happily if they could only legally hear it on the radio or listen to a :30 second preview before buying it? How much buyers regret would be there? What about films? How many people were introduced to their favorite films by seeing them online through some pirated means? And after that, how many bits of merchandise did they buy? And books, how many people bought new books after downloading a .pdf and loving it?

      The problem with piracy isn't that they simply lose money, it's that piracy both stimulates and hurts their profits and there's a happy medium that needs to be reached in order to keep both the industries and the users feeling satisfied. They can't happily say to pirate and yet if they got rid of all of it, imagine how fewer tv series, movies, books, and songs you'd be exposed to if you couldn't first experience some crappy version of it online before opting to buy it as well as merchandise from the company that released it.

      Another issue is the fact that they're spending ridiculous amounts of money on combating piracy but not in a way that doesn't adversely affect the harmless user. Encryption that doesn't play well with every platform and causes the average user issues, DRM that's harmful or debilitating, lawsuit after lawsuit, them trying to infringe upon our digital freedoms, despirately grasping onto a few dollars. After seeing the RIAA's profit listings on their website pdfs, I'd put good money on the fact that they're losing insanely more money creating DRM and paying for lobbyists and lawyers to sue some kid in the boondocks for downloading a DVD because the economy is too dead for anyone to afford one than they'd actually lose if they didn't despirately grasp so hard at every last dollar. Meanwhile, there are a lot of users they don't think about who use piracy to expose themselves to new products that they then purchase...

      Perhaps if they "unclench" a little and just accept losing a little money (who isn't doing terribly besides the gas companies in this economy), they'd have more profits than in their kicking-and-screaming method that's currently making them more enemies than friends... Think, now that they've DRMed us to death, sued a bunch of kids across the country who now have their lives and futures ruined from a non-violent crime (serious, serious shame), and spent more money on lobbying than most of us make in a few years just to pass laws that infringe upon our freedoms, how much do you want to buy a CD or DVD from them now? Or is this bad publicity just making people more cautious but resulting in the masses wanting to vindictively ream them a hell of a lot harder now...?

      They need to reassess their strategy...it sucks.

    38. Re:Yes by cheekyjohnson · · Score: 1

      You're correct, and there's big difference between RapidShare and the likes of Dropbox. MegaUpload, RapidShare etc is clearly profiting from copyrighted content.

      No. They're profiting from advertisements and premium accounts. They provide a service. It has nothing to do with copyright infringement. But I guess websites that have users who may or may not be doing illegal things shouldn't be allowed to have advertisements or make money from the website at all because some of their users may be doing illegal things.

      --
      Filthy, filthy copyrapists!
    39. Re:Yes by pepty · · Score: 1

      It's not a matter of expecting them to police content or users, it's a matter of MegaUpload's intentions.

      But they weren't busted for their intentions, they were busted for breaking DMCA and other laws. Sidereel clearly is profiting from illegal content, but by avoiding actually hosting it seems to have stayed out of harms way despite being headquartered in California of all places. Whether or not a host that depends principally on pirated content for revenue can rely on obeying DMCA-takedowns and safe-harbor provisions/restrictions to the letter as protection has yet to be resolved.

    40. Re:Yes by penguinbrat · · Score: 5, Insightful

      Those internal communication mean nothing - and here lies one of the core problems with all this.. The **IAA wants to pass the the buck and have the providers police their users. The only problem with that, is that any sys admin/tech support employee is *not* a lawyer (most likely), and if they want to keep their customer(s) - just because they find an mp3/divx/avi/iso file, they need to make sure that 1) it is copyrighted and 2) MORE importantly, that the customer does *not* have the right to re-distribute the given material and that is impossible to tell unless your an expert in the area. If employee X does not have that information and just because they see an mp3 file with the name Brittany Spears in it they suspend the entire account - they could be loosing a customer very quickly if it was legit and not to mention a potential law suit, as in think "slamming Brittany Spears" or something.

      I work for a fairly large web hosting company, and we used to police our selves - if during any routine investigation (as in if someone reported a problem with their account) and we found anything suspicious we would suspend if it was "seemingly" obvious, although two specific incidents changed our policy on that relatively quickly. The first had to do with a Microsoft Development edition of some sort - it turned out the customer was a reseller and had the full right to have that on his site for purchase/download. The second was with a small record label out of the UK, iirc, selling/offering their own goods. Both incidents highlighted the fact that we were not qualified to tell whether something was illegal or not - so we essentially backed completely off, and unless we get a DMCA notice or one sent to the customer - all we do IF we see something very, very suspicious and they are somehow in violation of our RUP/TOS - then we only send them a ticket, if they dont respond with in a given amount of time that is something else entirely.

      The point being, is that just because something seems to be illegal - doesn't mean it is, you/we have NO idea if the customer in question has some kind of weird contract with the copyright holder and if they are in violation of it or not - THAT is up to a judge and/or contract attorney to decide, no one else. We see stuff all the time across our large fleet of servers, and the fact that internal communications between employees reflect this is only pointing out something interesting is all. Whether something is actually illegal or not, is a point of contract law - not mere speculation of someone NOT well versed in this.

      The flip side of this issue is that the Internet is a VERY large place, and it's simply next to impossible to check every nook and cranny for your various IP'd material - which where logically the rights holders would try and force the providers to police them self, which as noted above is impossible as well.

      Conclusion - simply trying to fit a square block (brick and mortar business model) into a round hole (cyber space) just does not fit :-P

    41. Re:Yes by AmiMoJo · · Score: 2

      It doesn't matter if the sound hella guilty, they still get their day in court before punitive action like destroying the entire business is taken.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    42. Re:Yes by Anonymous Coward · · Score: 0

      The site was clearly profiting from piracy.

      Talk is cheap, and it's especially cheap when talk turns into accusation just like the above quote.

      Citation needed, buddy.

      Accusing others of profiting from any allegedly illegal activity is one thing, PROVING others doing it is another.

    43. Re:Yes by Anonymous Coward · · Score: 0

      How about Dropbox? They give me more free space if I convince my friends to join, which is easiest done by showing them how easily I can provide them access to my MP3's and other pirated stuff.

    44. Re:Yes by Anonymous Coward · · Score: 0

      From reading this and other posts by 'FreeCoder', I begin to wonder whether free coder might be a sockpuppet. Perhaps, perhaps not. This account fits the profile of a sockpuppet, but might just be an opinionated person. Please watch future posts and see. Also watch to see whether this account is dropped, after this accusation.

    45. Re:Yes by Grishnakh · · Score: 2

      How much would 4Mbps versus 1Mbps matter if you literally couldn't download DVDs, MP3s, pdfs, etc. without knowing you'd get caught? If you were restricted to mostly non-media-rich sites, how much would you need those extra Mbps?

      This is true, but you seem to be forgetting about the existence of Netflix and Hulu(/Plus), and a bunch of other similar VOD sites. I've seen estimates that show Netflix usage accounting for a huge amount of bandwidth usage in residential areas.

      Mind you, I'm not arguing in favor of SOPA or other draconian laws, in fact I think copyright should be changed to a 5-year duration, but I'm just pointing out that not all high-bandwidth usage is piracy; a pretty good amount is completely legit.

    46. Re:Yes by Anonymous Coward · · Score: 0

      It seems to me that MegaUpload was positioning themselves as a possible competitor to the big publishers.
      By paying the content creators directly based on download popularity, they could bypass the current distribution system. I've seen reports that musicians who attempted to use MegaUpload were threatened by recording studio lawyers.

      I guess if the evidence comes out that MegaUpload was deliberately profiting from content to which they had no rights, they'll likely be brought down.
      The only problem is that it might also bring down a lot of content creators who were doing well from MU's distribution model...

    47. Re:Yes by BlueStrat · · Score: 1

      Nonsense. It is like saying that if the police catch me selling several bags of drug, they should leave me free (and let me keep the drug) until the trial finishes.

      No.

      It's like if the government stopped you and seized your property and either kept & used it or sold it, keeping the proceeds, without any due process or determination of guilt required. ...Oh, wait.

      http://www.drugwarfacts.org/cms/Forfeiture

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    48. Re:Yes by Grishnakh · · Score: 2

      What I don't get is why he operated the servers inside the US, since that's the most dangerous place for this kind of activity. I realize that's also where the most users are, and the bandwidth to Vanuatu isn't that great, but why not locate them in Canada or someplace else where the bandwidth is good enough?

    49. Re:Yes by nurb432 · · Score: 1

      Think about this: how many people would pay $50 or so for high speed internet every month if they couldn't download whatever they wanted?

      People that prefer to use streaming services from places like netflix.

      --
      ---- Booth was a patriot ----
    50. Re:Yes by Jane+Q.+Public · · Score: 1

      "Look up "induced infringement." It absolutely is a matter of intention."

      Perhaps, but that is only part of the point. If you are going to use intent as the basis for enforcing a law, then you have to demonstrate that the intent actually existed.

      But unfortunately for that argument, the fact is that all of MegaUpload's inducements apply equally well to perfectly legal, legitimate uses. So it is not valid to claim that they were "inducing" illegal activity.

    51. Re:Yes by hjf · · Score: 1, Interesting

      Who doesn't benefit from copyright infringement? Think about this: how many people would pay $50 or so for high speed internet every month if they couldn't download whatever they wanted? If you were restricted to only going to public domain sites, previewing one tenth of a song only before buying it, not allowed to download a movie and see it pixellated before going to theaters or buying the DVD, or couldn't download an ebook of a book to flip through before buying it, how much would that influence whether you even decided to keep an internet connection or not?

      You just described pre-broadband internet. And that didn't stop people from trying to get the fastest and greatest connection. People paid money to go from 33.6k modems to 56k (which was just 48k if you were lucky). People always want the fastestestest internet. They have wanted it before there was music, movies and books, and they will still want it even after music, movies and books.

      Imagine if any of these actions which could lead to purchases resulted in an immediate arrest with no possibility of not getting caught (imagine a rigid system for this hypothetical situation). Would you still use the internet that much? What would the internet then become? A giant outlet for shopping, wikis, and social networks, and that's it?

      Yes, that's what internet was. That's what the dotcom-bubble was all about. And it worked. "Lack" of piracy didn't stop the internet from existing.

      You see, not everyone is in this internet thing for piracy. People are glad to PAY for stuff if it's worth it, and no one has to lose any money. Netflix and iTunes are proof that people will pay if the price is affordable. Valve proved that even if you give high discounts, you still make tons of profit.

      If any, it's everyone's fault:

      It's the movie studios fault, for including annoying commercials and trailers on DVDs which you CAN'T SKIP, but for which you have already paid money up front.
      It's the cable channel's fault, for including commercials even if you're already paying for cable.
      It's the movie+cable fault too, for making "deals" that prevent people from being able to watch new releases on netflix (is it really that difficult to understand that I DO NOT want to go to a public cinema, but i'd rather watch the movie at home?)

      RIAA, for better or worse, has adapted somehow, but only after iTunes showed them that it is possible to sell songs online and have people pay for them.

      But it all comes down to the Content Mafia wanting to maintain the status quo. The problem is not economical or technical. It's just fear. They spent a century optimizing their business and suddenly within a decade the game changes completely - so they want to stick with their methods any way they can. You see, 70 year old investors aren't easily convinced by 20-something kids. Even if 20-something kids can show them how to become billionaires in a couple of years.

      But they will eventually lose. You can't keep an empire forever. Kodak went bankrupt a couple of days ago, after 130 years. It's sad news for me, a hobby film photographer, but they couldn't keep up with the times. I mean if you read their history, you know they were WAY ahead (decades ago they invented OLED. and yeah they also made the first digital camera). But poor management (read: 70 year old investors), trying to keep film as their core business, hoping that the digital fad will go away, led to the destruction of kodak. The same will happen to big movie studios if they want to keep pulling this shit.

    52. Re:Yes by guspasho · · Score: 1

      Only until the government says it isn't in an indictment. Then it's lights out for the company. Utterly wiped out, domains seized, all on a mere accusation. And once they make the accusation, you'll buy it as gospel truth the same as you bought their accusations against Megaupload.

    53. Re:Yes by Anonymous Coward · · Score: 0

      Up to now he's been fairly succesful at whatever he's being doing, don't you think? There's nothing minimal about that. Immoral yeah. Gamble, yeah. Stupid? Well, that's a different question..

    54. Re:Yes by Terrasque · · Score: 2

      But you can only sell content you own

      Clearly you're a bit behind the times there, mate.

      --
      It's The Golden Rule: "He who has the gold makes the rules."
    55. Re:Yes by guspasho · · Score: 1

      Don't worry, the website has already been seized, so it's a hypothetical we needn't concern ourselves with.

    56. Re:Yes by TheDarkNose · · Score: 1

      That's not how law works. You can't object that the police are holding you in the jail after the indictment but before the trial without "due process," because that is the process that is due you. If (unlikely) Megaupload is found innocent, then their servers will be restored and service resumed. If they had announced the indictment but not shut down the servers, I bet people would rush to download things pirated content while they could -- just the opposite of their intentions.

      --
      "Obviously, you need to be an Einstein to navigate the Austrian Patent Office website." - platinumrat
    57. Re:Yes by ScentCone · · Score: 1

      The trouble is, thats like saying Toshiba, Seagate, Samsung, Hitachi and Western Digital are profiting from Pirating because people store illegally acquired content on their hard drives

      No, it's not anything like that. Companies like Rapidshare and Megaupload are expressly and purposefully trafficking in ripped-off material. They exist for piracy, woo people willing to rip off (for money!) and pay for access to ripped-off material. This - unlike, say, DropBox, is what they set out to do. Megaupload's profits went up as they supported more piracy, they knew it, and they deliberately tap-danced around requests for take-downs by faking up link removals, etc.

      Attempting to lump services like DropBox - to say nothing of disk drives - into the same category as Megaupload is the height of either ignorance or a really clumsy bit of lame misdirection aimed at defending the professional rip off business because you like paying them better than you like paying the people who actually create the eterntainment you want. I'm guessing the latter.

      nor should they be expected to, Police the content their users upload

      You're confusing people who explicitly say you may not use their systems for piracy with people who explicitly run systems to profit from piracy. Of course, you know that. Shill.

      --
      Don't disappoint your bird dog. Go to the range.
    58. Re:Yes by ScentCone · · Score: 1

      destruction of society

      Citation, please.

      --
      Don't disappoint your bird dog. Go to the range.
    59. Re:Yes by Anonymous Coward · · Score: 0

      The problem is that there is *no legal reason* to require the uploading of duplicate material if it can be identified even after a DMCA take down request was made. There could be and likely are filesystems out there or upload systems which merge duplicate data. For instance if two users upload an Trisquel ISO there is no legal reason that both users should have to upload that file. If a user changes said file only those changes may be saved. Thus you still wouldn't have two files. You'd have one file and the difference between the two. Simplying disabling access to that content is sufficent even where a file uploaded by user one was in violation of copyright because a second user may have a fair use defense or similar. There is no reason megaupload should have to keep a list of identical materials as it would be impractical to know for sure if one persons upload of a copyright song for instance is illegal and anothers not.

    60. Re:Yes by symbolset · · Score: 1

      Now that was one heck of a scary article.

      --
      Help stamp out iliturcy.
    61. Re:Yes by Anonymous Coward · · Score: 1

      How about this:

      A) In many cases, you knowingly watched movies or videos where you did not have permission or license to do so (sometimes you might not have realized it but did you report those cases to the police?)
      B) Knowing a movie or video was copyrighted and not legally allowed to be viewed you discussed the movie with others and told them what you thought of it.
      C) In a few instances, you told others where you watched/got that movie/video and/or invited someone to your house to watch said video.

      Therefore, you are guilty and should immediately turn yourself over to the police and report your crime as Copyright Infringement, after all, I am sure you have done one of the following at least once in your life:
      1) Played a copyrighted movie/video outdoors or in a public area (campsite, backyard deck, loudly while your door/windows were open)
      2) Played a copyrighted movie/video in a portal device (dvd player) and had someone look at the screen and/or passed the device to someone else to view (even temporarily).
      3) Loaned or gave a DVD away to another person (keep in mind they want to make this illegal and I believe it hasn't been fully challenged yet so not sure where it's status is)
      4) Created a copy of a CD/DVD that was starting to crack or freeze before it died.
      5) Create a copy of a CD/DVD for storing in your vehicle or secondary location so the originals would not be lost/stolen.
      6) Invited a few friends over to watch the latest movie in your house without getting licensing for said performance.
      7) Recorded yourself or family members while a TV or Radio was on and in view of the camera.

      I can bet that minimally 50% (from Ass) of the US population is guilty, so, since you think MegaUpload is guilty, you should start cleaning up your act and look at all the laws you are breaking right now and realize it probably won't be long (figurtively spearking) before they come for you.

      This is how I look at it: no one can be held responsible for someone elses action irregardless of how "easy" we make it for them. My parting example is "If I steal a car and park it on your lawn should the police arrest you since it was in your possession (and easier to arrest you than to go after me since I ran away)?"

    62. Re:Yes by Thing+1 · · Score: 1

      destruction of society

      Citation, please.

      The Occupy movement.

      --
      I feel fantastic, and I'm still alive.
    63. Re:Yes by Elldallan · · Score: 1

      It still remains to be seen if this will be his downfall. Even IF MU is found guilty in court that process is going to take years and the guy will have plenty of time to move money(through proxies since he's under arrest) from at least several of the accounts listed in the indictment that is situated in countries that might not cooperate with US authorities fast enough to prevent a transfer someplace safer.
      And even if he's found guilty in a US court he can still contest the charges in an NZ court and if successful US authorities will not be able to seize his property in NZ, same goes for every other country where MU has assets, bank accounts etc.

      Sure it was a pretty stupid move of to put any sort of physical assets of MU in the US and thereby making MU subject to US jurisdiction. Had they just put their hardware and assets in a nation with less rigid copyright legislation they would have been fine.

    64. Re:Yes by Elldallan · · Score: 1

      That indictment is basically still just allegations and not necessary true. Don't make any assumptions based on it until there is atleast some substance to back them.

      If it turns out that just a few of those allegations are true then yes MU has completely blown their DMCA safe harbor protection to kingdom come and those behind MU will be in Prison for a long time and we will probably see another new astronomical damage calculation from the **AA's.

    65. Re:Yes by CAIMLAS · · Score: 1

      I'm not intimately familiar with their process, but (for instance) Android ROMs are popular, as linked by xda, as is other original/personally owned content. The model works quite well for legal content of paying contributors while (optionally) charging for popular files, I'd think.

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    66. Re:Yes by Anonymous Coward · · Score: 0

      Good. Now I will pirate your ideas for our debate in SOPA/PIPA

    67. Re:Yes by CAIMLAS · · Score: 1

      The same could be said for Google (search), Microsoft (search), Apple (you can pull songs off their i* products to another computer), and (I'm sure) a thousand other technology companies.

      People like you simply don't get it: You can not penalize the provider of a service which can be and probably will be leveraged for illegal purposes when there is a legitimate use for said service or product - particularly when that legitimate use is easily conceived within the legal definitions of what is allowed.

      * Selling condoms in a gas station? Check. They may be used for rape, but that's not what most of them are used for.
      * Providing a credit card service? Check. Even though credit cards are often used to steal and/or launder money, and are responsible for most sexploitation (indirectly), that isn't their principle purpose.
      * Selling firearms (even in a crime-ridden ghetto)? Check: recreational and hunting purposes, self defense (a function legally allowed by all police officers and all citizens, but only some subjects). Even if most firearms were used for crimes, there is still a significant justification (legitimate use) to not prohibit the common man from acquiring and using them.
      * Sharing large files with friends or publicly via an online for-profit service? Check. (Granted, this entails the possibility of piracy.)

      I have to ask how things would be (or should be) different if MU had a profit plan which was, say, entirely based on ad revenue and selling personal information...

      If this is going to be illegal, why don't we make all for-pay FTP clients illegal, too?

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    68. Re:Yes by Jarik+C-Bol · · Score: 1

      i'm merely responding to the allegation that DropBox (and other services like it, that do not purposefully traffic in infringing material) are at risk due to the precedent set by MegaUploads demise. The article alleges this, and I was merely pointing out how retarded that would be. *just as you described* 'thank you for your reading comprehension'

      --
      I've decided to Diversify my Holdings. I've divided my cash between my left and right pockets, instead of all in one.
    69. Re:Yes by Larryish · · Score: 1

      Should any 3rd party hosting service worry?

      What if I upload a zipped mp3 file to a shared hosting service and send the url to a friend?

      Is the 3rd party service liable?

      Are they liable if they do not search for infringing files?

      Are they liable if they actively search for infringing files and overlooked one?

    70. Re:Yes by Anonymous Coward · · Score: 0

      This fine print?

      Trademarks property of their respective owners. Comments owned by the poster. © 2012 All Rights Reserved. Geeknet, Inc.

      or this fine print?

      The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.

    71. Re:Yes by Anonymous Coward · · Score: 0

      Or to put it bluntly, the MAFIAA could as benefit as well from MegaUpload by uploading their own files and using them as content delivery network, but decided agtainst it.

      A proper analogy would be the prohibition era. In the end the law was repelled because people were disobeying it en mass. In retrospective it is obvious that it was a bad law because it was against the will of the people. IFF people knew that MU was distributing files illegaly and didn't care, doesn't that just mean that this is the will of the people? This is the way people want content, ad-suported downloads.

      Copyright is a government fiction intented to provide a business model for content creators. Why not uase that power to shape the business model to fit people's demands? After all copyrights are extremelly specific too. Copyrights can't for instance didn't allow for read-once books. It does now with ebooks but if the writers of the constitution would have imagined that it is obvious that they'd object to such practices.

    72. Re:Yes by gmhowell · · Score: 1

      If (unlikely) Megaupload is found innocent, then their servers will be restored and service resumed.

      What are you, 12 (asking because of a lack of historical perspective, not lack of logic, reasoning, etc.)? Ask Steve Jackson how that works out.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    73. Re:Yes by cavebison · · Score: 1

      It's simply not a principle that is believed in any longer, and therefore is not remotely observed.

      Good points all, but the real reason for this is not that those ideals are not believed in. It's unfortunately a matter of political survival that government has to listen to big corporations.

      Listen to this talk by Jimmy Carter, at one point he says the same thing. Back then, he was able to run a campaign on a shoestring, hardly having to raise money at all.

      Now, he says, candidates have to raise *hundreds of millions of dollars* to campaign. This has driven politics insane as corporate interests compete against the public interest - all because it's now become *necessary* to make deals to raise a heap of cash from corporations. This must stop. It will only get worse over time.

      The one thing we should be concentrating on - and "Occupy" completely missed the boat on this - is political reform for the "separation of corporation and state". We can moan about corporate influence till the cows come home, but only concerted demand by people for reform will stop the inevitable slide into some kind of extreme socio-political dysfunction, if we're not there already.

      Money must be taken out of our political system so it can return to concentrating on serving the interests of the people and the country as a whole. As it is now, politicians have no choice but to play the money game, ideals or no ideals.

      It is up to us to demand not just our freedom, but the freedom of our politicians to think and make choices without being bound by corporate deals in order to survive. If things continue down this road, I don't see any result other than extreme social unrest.

    74. Re:Yes by rtb61 · · Score: 1

      No Megaupload was profiting from, selling advertising by people visiting the site and by selling premium access for uploads and downloads from the site.

      They did not 'pirate' content, http://en.wikipedia.org/wiki/Piracy or http://en.wikipedia.org/wiki/Copyright_infringement. The person who pirated content was the uploader.

      The people who profited from the 'piracy' were of course the advertisers, who paid for advertising space upon the basis of the value they believed the site provided in gaining access to customers and selling product.

      --
      Chaos - everything, everywhere, everywhen
    75. Re:Yes by xenobyte · · Score: 1

      Dunno about Dropbox, but neither MegaUpload nor Rapidshare charge(d) for downloads. You can pay for increased bandwidth, parallel downloads and similar premium services, but you can download everything without paying them a dime. They make money on providing convenience benefits to people already downloading, not for access to the content. That's a huge difference legally.

      --
      "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
    76. Re:Yes by X.25 · · Score: 1

      But they weren't busted for their intentions, they were busted for breaking DMCA and other laws.

      Megaupload did not 'break' DMCA. They were probably one of the most compliant sites out there (YouTube probably being the best one, since they did overdo everything in regards to takedowns, but they also have funds and contacts to do it).

      I am still in shock after reading points 22 and 23 in indictment, I can't believe anyone could seriously put those things there. it is going to hurt prosecution, because that shows how desperately they are trying to paint a dirty picture.

      It's not like anyone from prosecution will care, they have jobs reserved in MPAA/RIAA/etc. They don't lose anything.

    77. Re:Yes by X.25 · · Score: 1

      This is true, but you seem to be forgetting about the existence of Netflix and Hulu(/Plus), and a bunch of other similar VOD sites.

      You seem to be forgetting that there is a whole world out there, outside USA.

    78. Re:Yes by Anonymous Coward · · Score: 0

      On top of that they went around DMCA laws by not actually deleting the files. If other user uploaded the same file, it was not actually uploaded again but was only given private url. When DMCA notice came, only the specific URL was disabled and the infringing content was still available at any other URL.

      #1 - why does the USA's fucking stupid DMCA law apply to the entire fucking world? Why can't the Americans just leave the rest of the world in peace rather than trying to fuck the entire globe over?

      #2 - Even as I understand the DMCA, they took down the offending link reported to them, which is what was required. If someone else uploaded an identical file, but the (DIFFERENT) link was not also reported, then who was to say that the other person didn't have standing to place the file? We've seen USA media companies like Viacom upload their own videos to Youtube, then lie their asses off claiming it was "infringing content" when the "rights owner" had in fact authorized the uploading, before.

      In conclusion, AMERICA - they're a bunch of fucking assholes.

    79. Re:Yes by X.25 · · Score: 2

      Think about this: how many people would pay $50 or so for high speed internet every month if they couldn't download whatever they wanted?

      People that prefer to use streaming services from places like netflix.

      And again, you are forgetting that there is a whole world out there, outside USA, who can not use Netflix.

      I can understand that many americans don't realize there are other countries on this planet, which are not US states, but they really shouldn't publicly stress it.

    80. Re:Yes by jones_supa · · Score: 1

      The trouble is, thats like saying Toshiba, Seagate, Samsung, Hitachi and Western Digital are profiting from Pirating because people store illegally acquired content on their hard drives.

      In Finland, we call it Hyvitysmaksu.

    81. Re:Yes by Anonymous Coward · · Score: 0

      "They pay users to upload popular files, and in 99% of cases it is pirated content."

      I find it amazing that, in the same sentence, you both admit you don't know how much of the service is used, intentionally or unintentionally, to pirate and state it's mostly used for pirating.

      "Dropbox doesn't have any such incentive for users, and they're free to download from. It's the uploader that pays for file upload space just like with web hosting, and he (nor Dropbox) cannot make money by uploading pirated content.

      So if I pay you to host pirated content you're not making money on it...Right. Or is it that because you didn't know? Aah, now we have a serious lapse in logic.

      Nobody can know what the percentage of Megaupload's, Dropboxes, or any other file sharing site's links are pirated content or not. Fact is, you just have to put that little C symbol on something and it's copy-written; nobody registers their works anymore. Even if you did audit it, coming up with an accurate number with an acceptable error ratio within a reasonable time-frame would be impossible.

      Here's what I think; I think you're employed by the MPAA/RIAA, and you want to burn down the entire world to save your own small, insignificant slice of it.

    82. Re:Yes by Anonymous Coward · · Score: 0

      The difference between MU and hard drive makers is that hard drive makers don't have revenue sharing schemes

      You're correct, and there's big difference between RapidShare and the likes of Dropbox. MegaUpload, RapidShare etc is clearly profiting from copyrighted content. They pay users to upload popular files, and in 99% of cases it is pirated content.

      MU didn't have a revenue sharing scheme, especially for pirated media. The USED to have MU rewards but that stopped in June last year. FileSonic etc. still operate their premium rewards schemes to the benefit of the pirate uploaders. In my view, it is these guys who are spreading the piracy wealth about, that should be jailed. Furthermore, MU didn't offer payouts for pirated material. MU was the least criminalised out of this group of sites; they were just a big name.

    83. Re:Yes by jez9999 · · Score: 1

      He got extradited from New Zealand. Would the location of the site's servers have prevented this?

    84. Re:Yes by Anonymous Coward · · Score: 0

      Youtube was pretty fast-and-loose with copyright in the early days before they were acquired by Google.

      http://www.fastcompany.com/1588353/viacom-google-youtube-piracy-copyright-data-ip-videos-emails-lawsuit-legal

      Even today, Google is certainly profiting off of advertising on displaying material uploaded by users that definitely wasn't approved by the copyright holders. No idea to what degree, but I wouldn't be surprised if it's more than, say, 20% of their page hits. Most of it is probably older stuff or from smaller companies (e.g. anime) since the major media companies seem to be diligent at issuing takedown requests and audio/video fingerprinting for stuff that they own these days.

      I guess the question is, where do you draw the line? Should the founders of Youtube have been thrown in jail for knowingly hosting what was probably (just throwing out a number) in excess of 50% unauthorized material in the early days? They got sued by Viacom, unsurprisingly, but that's a far cry from a *criminal* racketeering indictment.

    85. Re:Yes by makomk · · Score: 1

      MegaUpload's revenue sharing scheme was based on popular content. In fact, I seem to recall lots of people complaining over the years about them refusing payouts because the content in question was pirated; the indictment even references an internal e-mail in which they mention doing this, though it spins it rather interestingly. There were presumably other similar even more clear e-mails not referred to in the indictment.

    86. Re:Yes by makomk · · Score: 2

      You should probably read the indictment more critically.

      In many cases, Megaupload employees knew that *specific* files on the site were in violation of copyright, but they took no action to remove the content

      Could they legally? I can't remember what the law is on this.

      Knowing specific files were copyrighted, megaupload still paid out rewards to those files' uploaders

      It doesn't actually say this. It mentions e-mailed spreadsheets of users, the payout amounts they would be getting and the kind of content the payout was for - some of which was obviously pirated - but it doesn't actually say whether they were actually paid, with one exception. That exception was a user who was uploading Vietnamese content that the staff couldn't identify. It leaves you to infer that they were paid, but there's nothing saying either way.

      In fact, there's a reference to them systematically not paying rewards to uploaders whose content appeared to be pirated. It was spun by the prosecutor to say the exact opposite because it was from an e-mail in which one of the staff talked about being more lax (apparently by not considering other files in the uploader's account that appeared to be copyrighed works but weren't actually being downloaded by anyone and may not have been distributed by them). Presumably there were other previous e-mails in which they'd applied the rules more strictly for cost-saving reasons which were omitted from the indictment because they didn't help the prosecutor's case.

      In a few instances, staff members shared links to copyrighted content with eachother and with the internet at large.

      They only managed to prove the former: that staff members had used the site to distribute copyrighted content to each other. It doesn't appear that they've managed to find any example of a member of MegaUpload staff giving a link to a copyrighted file to anyone outside the organisation.

    87. Re:Yes by maestroX · · Score: 1

      They need to reassess their strategy...it sucks.

      Their strategy will continue to suck for users and fsck users, simply because they completely controlled distribution of media before the digital revolution (more than a decade now), and are obsoleted by the digital revolution.
      They have no means of existance as distributor other than artificial pressure.

    88. Re:Yes by jonbryce · · Score: 2

      In the UK, one of the most popular sites in terms of the amount of data downloaded is BBC iPlayer. That is 100% legal, and you need a pretty fast Internet connection if you want to stream their high definition videos.

    89. Re:Yes by Anonymous Coward · · Score: 0

      They already tried to shut down Rapidshare. Swiss judge ruled in favor of Rapidshare, effectively making it a legal service in Switzerland where the company has it's HQ.

    90. Re:Yes by nurb432 · · Score: 1

      And again, you are forgetting that there is a whole world out there, outside USA

      No, i forget nothing and know there is something beyond our borders. I just don't care.

      We spend far to much time, money, resources and bend too much to the whims of your 'outside the USA' entities, for me to give a damn if you can watch netflix ( an American company btw ) or not.

      --
      ---- Booth was a patriot ----
    91. Re:Yes by Patman64 · · Score: 1

      I especially like their arrogance where they assume that any and all music being performed is copyrighted by them. They have no proof, but just assume that all the bands are doing covers. Because it isn't possible to write better music than Jay-Z and Coldplay (in the copyright troll's words).

    92. Re:Yes by Anonymous Coward · · Score: 0

      It wasn't "faking". They use a process called de-duplication so if two completely unrelated people upload the same file, there is only one authoritative copy of the file, and the two accounts both have links to this authoritative copy. As you can imagine, this saves a lot of space. Let's say person 1 is a legitimate customer of itunes or whatever, and person 2 is an evil pirate. If they delete the authoritative copy, that means deleting it for both the legit customer and the pirate. If they delete the pirate's link to the authoritative copy, then the pirate no longer has access but the legit customer still does.

      That is what they're trying very hard to paint as "faking compliance".

    93. Re:Yes by luther349 · · Score: 1

      that's such a bs line its not even funny. megaupload was used by many people for legit uses. i would use it to send many files to my friend rather then deal with my rougher to do a direct send why because it was the quickest all legit files btw. many artiest where supporting it and uploading there tracks there. once again you are buying into the media bs. the reason they went after megaupload was because they where thinking of opening there own media store that payed the artiest. this was bought whats its always been bought killing the competition by force because they refuse to get with the times.

    94. Re:Yes by luther349 · · Score: 1

      these company's know this its not bought piracy its been around sense a tape could record and that's a good piece of history in the past these company's pulled the same shit then and had to be forced to change by the courts. and they managed just fine after in fact pretty much was there golden age. and very true if media ritch internet was to get messed with to much we will have another dot crash.

    95. Re:Yes by luther349 · · Score: 1

      yep the real reason they whet after them.

    96. Re:Yes by Anonymous Coward · · Score: 0

      You just described pre-broadband internet. And that didn't stop people from trying to get the fastest and greatest connection. People paid money to go from 33.6k modems to 56k (which was just 48k if you were lucky).

      Yeah, but even a normal webpage took a while to load on 56k. Remember when sites would link to images separately and warn you they were "big" files? Today a 10m and 100m connection will not seem any different unless you are streaming videos.

      I agree with the rest of your post.

    97. Re:Yes by Anonymous Coward · · Score: 0

      Maybe he shouldn't have used a .com address. You can find lots of pirated Chinese content on Youtube and nobody takes it down, though it does get taken down on the Chinese sites... if you pirate Hollywood stuff maybe you should host it on .cn.

    98. Re:Yes by AmiMoJo · · Score: 1

      It is how the law works when dealing with allegations of corporate copyright infringement. Arresting them was extremely heavy handed, especially arresting all of them. Why not just go after Dotcom and allow his employees to continue running the company in the mean time? Copyright infringement is normally a civil matter anyway, not a criminal one.

      After all, no one arrested all employees of the same media companies that demanded this when they committed multi million dollar copyright infringement against their own artists. The law should be applied equally to everyone.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    99. Re:Yes by Terrasque · · Score: 1

      It's been on Slashdot before. If not directly in the headline, it had a host of these stories in the comments section.

      I think you'll find this comment interesting:

      I'm in Sioux City, Iowa of all places, and our band has seen this shit tried on two bars that I've played at. We called the fine gentleman who left his card and told him we were not ASCAP members and played only original music. He responded that it only takes four chords before we infringe on his artists' songs, and it was simply not possible for us not to infringe.

      Yeah.. I really don't know what to respond to that.

      --
      It's The Golden Rule: "He who has the gold makes the rules."
    100. Re:Yes by Myopic · · Score: 1

      Chuck Norries doesn't pipe to /dev/null, he roundhouse kicks data streams out of existence.

    101. Re:Yes by seantide · · Score: 1

      Some of your ideas are good, but you seem to imply that people only pay for high bandwidth so they can pirate stuff, and that simply is not true. Everything runs faster on high speed, and its very, very noticable. My parents use it and they never download large files at all, but they don't want to use anything slower.

      I don't pirate stuff as a general rule, but I do download gigabytes of game updates, paid for movies and audio, operating systems, software, etc.

    102. Re:Yes by Grishnakh · · Score: 1

      I don't see the rest of the world putting so much effort into copyright enforcement for the MAFIAA as I do the USA. So this discussion, being "what's the point of a high-bandwidth internet connection if you can't download pirated content without a high risk of getting in trouble?", really is fairly USA-specific. I'm pretty sure internet users in, say, Bulgaria, don't have to worry much about getting sued by the MPAA.

    103. Re:Yes by cheekyjohnson · · Score: 1

      twist the concept of morality

      What does that even mean?

      who have profited to the tune of many, many millions of dollars from piracy?

      How so? Show me where they were withholding links to copyrighted material specifically and forcing people to pay to download the files. If they did that, then I would agree that they profited from 'piracy'.

      However, they merely provided a service. They didn't profit directly from piracy. They profited from people viewing their ads, and from premium accounts. Neither are directly related to piracy. Their users' intentions are irrelevant here.

      Does "sticking it to the man" forgive all?

      No, and that's just a straw man.

      --
      Filthy, filthy copyrapists!
    104. Re:Yes by williamhb · · Score: 1

      Who doesn't benefit from copyright infringement? Think about this: how many people would pay $50 or so for high speed internet every month if they couldn't download whatever they wanted?

      Rather a lot of people. We have a high speed internet connection, and there is so much legally available content. TV station's catchup services like iView, Plus7, etc. Digital delivery of paid content, such as Steam. And then there's all the other uses such as Skype for video chat with family overseas, etc. I suspect we are a typical family for the country I live in. Not only is pirated content unnecessary, it sounds actually fairly inconvenient -- iView (a legitimate free streaming service) works on the device attached to my TV (a PlayStation) and I do not have to wait for a download to finish before I can start watching. Movies? Sure you could hunt around for a pirate copy on MegaUpload, or iTunes probably has it for a few dollars. Watch lots of movies, and Quickflix (that's on the PlayStation hooked up to the TV, so easier to watch on a bigger screen) is $15/month. (But frankly I've never found a need -- there are plenty of movies I haven't seen yet that go by at odd times on free-to-air, but PlayTV (PVR add-on for PlayStation) nicely legitimately records them for me so I've usually got a little stack of movies I haven't had time to watch yet sitting on the device that's already hooked up to the TV... though that doesn't rely on the internet at all).

      Nope, media piracy really isn't such a big part of the attraction of broadband. I suspect it isn't for most customers. If I had a teenage son, it might be very attractive for him to go pirating new release movies and save a few bucks on cinema tickets, but to the person paying the broadband bill no piracy is not a significant part of the attraction.

    105. Re:Yes by Anonymous Coward · · Score: 0

      its Britney Spears !!
      how could you ???

    106. Re:Yes by shark72 · · Score: 1

      "Those internal communication mean nothing"

      In prosecuting copyright cases, internal communications mean everything. I'm not speaking in the abstract here; incriminating emails were instrumental in the Napster case and some other major copyright cases, going back to the BBS days. It's an all-too-common pattern: publicly, the company claims that it doesn't know that copyrighted information is being shared in an unauthorized manner; their internal emails reveal that they do know this; plausible deniability is destroyed; game over.

      This is central to the concepts of contributory infringement and vicarious infringement. The former is when you know infringement is happening but you do nothing to stop it; the latter is when you're ignoring it because there's a financial incentive to do so.

      "The point being, is that just because something seems to be illegal - doesn't mean it is, you/we have NO idea if the customer in question has some kind of weird contract with the copyright holder and if they are in violation of it or not - THAT is up to a judge and/or contract attorney to decide, no one else."

      Agreed, compliance can be a hassle, and the more customers and activity you have, the bigger your exposure, which is why ISPs, file lockers, Torrent sites and the like must have sufficient staff for compliance with copyright laws, just as they require sufficient staff to ensure compliance with other laws (everything from Sarbanes Oxley to workplace safety). From reading your situation, it's clear that your ISP is one of the "good guys." However, it's not analogous to MU. It wasn't an issue of not being properly staffed to handle takedown requests, or even legitimate concerns that the requests were bogus -- it was deliberately ignoring the requests because their business model required it.

      --
      Sitting in my day care, the art is decopainted.
    107. Re:Yes by Anonymous Coward · · Score: 0

      Multiplayer gaming can quite legally take up quite a bit of bandwidth.

    108. Re:Yes by HopefulIntern · · Score: 1

      I appreciate the sentiment, $deity knows I agree with you, but the point still stands. Here in the UK we now have the option of streaming with Netflix (yep, we just got it, so its not just the US anymore) or Lovefilm (frankly, its shite, and we welcome Netflix).

    109. Re:Yes by HopefulIntern · · Score: 1

      You got there before I could, I always bring up the firearms argument because it is one that is so unique to America. Specifically, handguns. Handguns are usually banned (or at least under much more restriction) in most countries, as opposed to other firearms, because they serve next to no legal purpose. Rifles, shotguns, etc. can and are used for hunting. Nobody hunts deer with a handgun or PDW type weapon. I know, I know, I hear you say you go to the range with it. Sure, but why are you practicing using a tool that you can not actually apply? Self-defense? Maybe, it depends on the circumstance. Just like the use of MegaUpload may be illegal, depending on the circumstance. Whenever a homeowner illegally shoots a burglar running away, the government does not prosecute Colt, or Sig Sauer, or Smith&Wesson. Why is that?

    110. Re:Yes by HopefulIntern · · Score: 1

      Then again, maybe not. IDK about megaupload but rapidshare deliberately makes it impossible to search their servers for files. It is not indexed. This way (in theory) the only users who get access to a file are those who are given a direct link (presumably by the uploader). This is supposed to discourage filesharing.

    111. Re:Yes by Anonymous Coward · · Score: 0

      They could have gone after hard-disk producers, but it's way easier to just ask governments to impose an additional tax on the consumer storage devices. The results from those taxes go to local "organisations" that "defend" the rights of music and film producers. It's been like this for CDs and it is now already being introduced for hard-disks and USB flash memories. Next time you buy a hard-disk you should know that you support *IAA.

    112. Re:Yes by Anonymous Coward · · Score: 0

      How many people would buy songs happily if they could only legally hear it on the radio or listen to a :30 second preview before buying it? How much buyers regret would be there? What about films? How many people were introduced to their favorite films by seeing them online through some pirated means? And after that, how many bits of merchandise did they buy? And books, how many people bought new books after downloading a .pdf and loving it?

      I don't know about how old you are, but you've pretty much described the perfectly successful working system we had 10+ years ago, and many people still live this way.

      Almost my entire CD collection is from listening to songs on a radio or a 30 second preview. I've never watched a film on the internet. I've never downloaded a pdf of a book, just bought them based on recommendation.

      This is normal. This is fine. Copyright infringment is a real problem that needs action. It doesn't need taking down sites without trial, but it does need something. If YOU are pirating digital content without paying then YOU should be punished, because YOU are part of the problem, not the solution. But you should get a fair trial first, you are entitled to due process.

    113. Re:Yes by Anonymous Coward · · Score: 0

      Since:
      A) MegaUpload was not from USA, yet got closed by them and the people running it are sued in USA.
      B) There are crazy copyright laws and other IP shit elsewhere too, even if USA is the craziest m'fscker out there (and even if Bulgaria does not have MPAA - most countries have something similar, ie. TEOSTO in Finland).

      It's fairly not USA-specific.

    114. Re:Yes by Anonymous Coward · · Score: 0

      Further, MegaUpload is not a US based company so the DMCA doesn't apply

  2. NO !! RAPIDSHARE IS ALL GERMAN !! by Anonymous Coward · · Score: 3, Funny

    And if the Germans can do one thing, it's MAKE WAR !!

    1. Re:NO !! RAPIDSHARE IS ALL GERMAN !! by HomelessInLaJolla · · Score: 1

      If some of you have so much time and money that all you do is walk around and cause problems then we need to know who you are because we are trying to work here. Size on these armbands.

      --
      the NPG electrode was replaced with carbon blac
    2. Re:NO !! RAPIDSHARE IS ALL GERMAN !! by larry+bagina · · Score: 2

      And if the Germans can do two things, it's scat porn.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    3. Re:NO !! RAPIDSHARE IS ALL GERMAN !! by Anonymous Coward · · Score: 0

      It's actually swiss, we're small and neutral, not ambitious and misunderstood.

    4. Re:NO !! RAPIDSHARE IS ALL GERMAN !! by moronoxyd · · Score: 2

      The Swiss will be surprised to hear that they are part of Germany now.

    5. Re:NO !! RAPIDSHARE IS ALL GERMAN !! by Stormwatch · · Score: 2

      They do porn about jazz vocal improvisation?

    6. Re:NO !! RAPIDSHARE IS ALL GERMAN !! by Anonymous Coward · · Score: 0

      But in the end, the Kaiser gave up, and Hitler put a gun up his bumhole and fired (it is true). So, while the Germans can MAKE a good war, WINNING one is something that eludes them. So far.

    7. Re:NO !! RAPIDSHARE IS ALL GERMAN !! by Anonymous Coward · · Score: 0

      It's Germans all the way down! OHNOES

    8. Re:NO !! RAPIDSHARE IS ALL GERMAN !! by Anonymous Coward · · Score: 0

      And if the Germans can do one thing, it's MAKE WAR !!

      Making war is fine, but it's winning them that matters. Not such a great track record there...

    9. Re:NO !! RAPIDSHARE IS ALL GERMAN !! by Anonymous Coward · · Score: 0

      It's actually swiss, we're small and neutral, not ambitious and misunderstood.

      The whole thing sounds like a neutral plot to me. As Zapp Brannigan said "What makes a man turn neutral? Lust for gold? Power? Or were you just born with a heart full of neutrality?"

    10. Re:NO !! RAPIDSHARE IS ALL GERMAN !! by Anonymous Coward · · Score: 0

      "And if the Germans can do one thing, it's MAKE WAR !!"

      and loose at it!

    11. Re:NO !! RAPIDSHARE IS ALL GERMAN !! by Ethanol-fueled · · Score: 1

      " The Gianni crew consisted of...an aged ex-Wehrmacht corporal with dyed red hair and moustache who loved to regale me with stories of Weimar-era perversions: 'Zey vould feed ze girls bananas,' he said once, leering and winking as he described a purported club for coprophiles. 'Hitler and Goering...yah, Goering, zey vould go zese places.' "

      -- Anthony Bourdain, Kitchen Confidential (one of my favorite reads)

    12. Re:NO !! RAPIDSHARE IS ALL GERMAN !! by Anonymous Coward · · Score: 0

      Yeah, the Brits did a good job ~ 60 years ago.

    13. Re:NO !! RAPIDSHARE IS ALL GERMAN !! by Anonymous Coward · · Score: 0

      Nope. I'm living in Germany (for so long that I can say I'm more German than anything else), and all our government can do today, is kiss the USA's ass.

      Sorry, Germany is castrated. It's really sad. If you so much as dare to say that you like your country, people look at you like you're a Nazi. (Seriously! I wish I was kidding. [Only big sports events are different.])
      There was even a huge campaign by the government to make people proud of their country again. Which they should, considering how many famous scientists, artists, etc came from here, the beer, the cars, being the economic powerhouse,... But the campaign was laughed at, as if it was some weird and perverse thing to cheer for your country or to support it.

      The only thing missing is Merkel bowing down when Obama comes over. "Please don't call me a Nazi, please don't call me a racist, I will crawl up your ass as far as you want, I'll do everything you want, but please let me serve you!"

      (And last but not least, we also feel the wind of dumbing down. I barely can even stand talking to people on the street anymore. :/)

    14. Re:NO !! RAPIDSHARE IS ALL GERMAN !! by HopefulIntern · · Score: 1

      Swiss, dude. That's the best part. Neutral country ftw.

  3. It depends by Anonymous Coward · · Score: 4, Insightful

    Rapidshare, yes. Dropbox, no.

    1. Re:It depends by larry+bagina · · Score: 1

      Dropbox has a Public folder than anyone (with the URL) can access.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    2. Re:It depends by FreeCoder · · Score: 5, Insightful

      But Dropbox doesn't try to profit from allowing users to download copyrighted material. Nor do they pay out to affiliates to upload popular content which almost always is pirated files. There's a major difference. And intent *does* count in court.

    3. Re:It depends by larry+bagina · · Score: 5, Insightful

      Court doesn't matter when the government decides to shut down a web site.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    4. Re:It depends by Anonymous Coward · · Score: 2, Insightful

      Well, if you're going to fall back to that argument then *every single website in existence* is at risk. In which case the question is pointless.

    5. Re:It depends by finkployd · · Score: 4, Insightful

      Now you are getting it. The media conglomerates have long been going after the ability to take down websites regardless of copyright content (they took down megaupload's youtube video despite not having any copyright claim on it, they have that agreement with google and want it elsewhere).

    6. Re:It depends by Travelsonic · · Score: 1

      Allowing users to download copyrighted content" in of itself means nothing. Everything is copyrighted that can under current law, and the illegality comes from the sharing ILLEGALLY - as in WITHOUT PERMISSION. If I make a work, copyright it, and share it freely expecting / allowing others to do so, we're sharing copyrighted works legally. In before "you know what I meant" - MOST people don't, and that doesn't make it ok to be factually wrong wither.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    7. Re:It depends by FreeCoder · · Score: 1

      People aren't as stupid as you think. Almost everyone knows about copyright laws. And regardless, not knowing about laws doesn't remove your liability. I can't kill or rape someone and say that I didn't know such laws existed.

    8. Re:It depends by elrous0 · · Score: 2

      Great, you can make that argument in court--months, if not years, after the FBI has kicked in your door, taken all your servers, and arrested all your workers.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    9. Re:It depends by eldorel · · Score: 1

      People aren't as stupid as you think.

      I wish that was true, but stupid has nothing to do with it.

      Almost everyone knows about copyright laws.

      Most people are ignorant about anything that is not directly related to their day to day lives.
      Copyright may be something you and I deal with, but your average joe doesn't even know that fair use exists much less how it affects his day to day life.
      Don't assume that everyone knows something just because the people you socialize with are aware of it.

      And regardless, not knowing about laws doesn't remove your liability.

      And this is exactly where the problem with the current legal system lies.
      Laws are created every day that are broken by most of the population.
      90% of them are never mentioned or covered in any media, so no one knows they exist until they're used to seize your property.
      But that's a separate discussion.

    10. Re:It depends by X.25 · · Score: 1

      But Dropbox doesn't try to profit from allowing users to download copyrighted material.

      You do realize that your and my comments are copyrighted too?

      As would be a random document which I would type and store on Dropbox.

      So yeah, Dropbox is profiting from allowing users to store and download copyrighted material.

    11. Re:It depends by betterunixthanunix · · Score: 2

      Almost everyone knows about copyright laws

      ...and almost none of them care, because they view copyright law as applying to industrial operations. That is what copyrights were about before tape recording and computer access became commonplace. Now suddenly we expect everyone to be thinking about copyrights all the time, because some old business models would be completely decimated by new technology if people just lived their lives.

      --
      Palm trees and 8
    12. Re:It depends by betterunixthanunix · · Score: 4, Insightful

      Which I would say is part of a general strategy to turn the Internet into a fancy cable TV system. Taking down websites because of disputes about copyrights? Sounds an awful lot like cable channels going off the air because of disputes about licensing rights.

      Media companies like cable and satellite TV systems because they are easy to deal with -- industrial operations (which is what copyright was intended to deal with) with legal teams, shareholders, and investments to protect. Individual computer users are impossible for a media company's legal team to deal with, and there is no way that they are going to negotiate contracts. Yet the Internet allows individual users to use their computers to effectively broadcast copyrighted entertainment -- not good news for an industry that carefully developed strategies for cable TV networks.

      All the SOPA/PIPA/etc. lobbying is about attacking the P2P philosophy of the Internet, which the media companies hate. They want computers to be like set top boxes, just passive consumption devices that herd users into consumption-only lifestyles. General purpose computers should be industrial equipment in their world, only used by businesses that negotiate contracts with each other and focus on turning profits. The idea that individuals can have computers and that they can connect their computers to others is antithetical to the world that the MPAA/etc. want.

      --
      Palm trees and 8
    13. Re:It depends by Anonymous Coward · · Score: 1

      Well, if you're going to fall back to that argument then *every single website in existence* is at risk. In which case the question is pointless.

      When Lehman Brothers went bankrupt, it meant every single bank in the US was at risk. The market cratered.

      The same thing is now happening in the tech world. Suddenly, everyone is waking up to the future with no cloud and only goverment approved websites. It looks like the US is going with Apple's walled garden approach.

    14. Re:It depends by h2k1 · · Score: 1

      I bet that this precise moment millions of hotmail and gmail accounts are used to send copyrighted files and no one dares to shut them. And what about facebook profiles with youtube links of videos that are not legal??

    15. Re:It depends by cowboy76Spain · · Score: 1

      No.

      Media companies do not like individual users broadcasting copyrighted entertainment because individual user don't pay to such media companies. Cable and satellite do pay.

      Of course, the hidden agenda paranoids always get a public...

      --
      Why can't /. have a rich-text editor? Editing your own HTML is so XXth century.
    16. Re:It depends by qbast · · Score: 1

      Yet. When ACTA comes into effect, gmail and yahoo will be required to police their users.

    17. Re:It depends by Anonymous Coward · · Score: 0

      Storing copyrighted content isn't illegal. Storing copyrighted content that you don't have permission to use is illegal. See the difference there?

    18. Re:It depends by Oakey · · Score: 1

      And as an example of people simply ignoring copyright issues look no further than the towing company that seized Kim Dotcoms vehicles, whose trucks have Pixars Cars characters emblazoned down the side:

      http://farm8.staticflickr.com/7020/6729501185_d0f28547f5_b.jpg

      --
      "Dre don't get as high as me.... I'm Cheech and Chong" - Snoop Dogg
    19. Re:It depends by Anonymous Coward · · Score: 0

      But Dropbox doesn't try to profit from allowing users to download copyrighted material.

      Bullshit. There are paid Dropbox accounts. Unless you're storing a season of something, 2GB ought to be enough for anybody, amirite?

      Nor do they pay out to affiliates to upload popular content which almost always is pirated files.

      The 'almost always is pirated files' bit is pure hearsay, but this is about the only thing that might hang MegaUpload.

    20. Re:It depends by gl4ss · · Score: 1

      No.

      Media companies do not like individual users broadcasting copyrighted entertainment because individual user don't pay to such media companies. Cable and satellite do pay.

      Of course, the hidden agenda paranoids always get a public...

      Media companies do not like individual users broadcasting entertainment because individual user don't pay to such media companies. Cable and satellite do pay

      there, fixed that for you. media companies don't like free entertainment being broadcasted - if it's copyrighted by them or not is irrelevant. it's the media consumers time they're fighting for and if they fill that with just facebooking stuff to each other or providing services to each other then they lose out.

      --
      world was created 5 seconds before this post as it is.
  4. Pffffff by Anonymous Coward · · Score: 0, Offtopic

    no longer host pirated content that could lead to a permanent ban

    Don't make me laugh while I'm eating, you inconsiderate bastard! Who is going to clean up this mess now?

  5. No? by fenskinator · · Score: 2

    Not unless the company is conspiring to have copyrighted material on its website.

    1. Re:No? by impaledsunset · · Score: 1, Insightful

      Copyrighted materials as in almost any materials produced in the last several decades? Everything is copyrighted. Even your post might be copyrighted even though blindly copying words such as "copyrighted" should push it below the threshold of originality.

    2. Re:No? by fenskinator · · Score: 2

      Then again, when did it matter whether or not a company was doing something illegal for the government to claim a company did and step in?

    3. Re:No? by FreeCoder · · Score: 0

      It's clear to everyone what is being meant, and you should stop nit-picking.

    4. Re:No? by fenskinator · · Score: 1

      Good thing no one patented the tin foil hat, you might need one.

    5. Re:No? by Doctor_Jest · · Score: 5, Insightful

      Find three copies of Vanilla Ice's Song "Ice Ice Baby" on the site, and someone, somewhere will find a way to call that "willfiull infringement".... and have Dropbox shutdown. Why? Because the *AA's are criminal organizations, and copyright is and never will be a property right, but since we don't have the money to enforce the Constitution (we being the normal people)... corporations will assfuck us while the government holds us down.

      Fuck 'em all. I don't give a shit about copyright anymore. I hate it all.

      --
      It's the Stay-Puft Marshmallow Man.
    6. Re:No? by jamstar7 · · Score: 1

      It's clear to everyone what is being meant, and you should stop nit-picking.

      Why should he, the *AAs won't stop nit-picking. Create your own content anyway, and the *AAs will sue you for ripping off their ideas. There's a reason why SyFy has such shitty inhouse movies, it's because if they produce absolute unbelievable shit, nobody'll sue them for idea theft & they'll still scrape by on advertising revenues. 'Intellectual property' means they'll copyright every idea they can and sue you to prove that you came by it on your own. Good luck with that. They have better lawyers and the law is on their side.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    7. Re:No? by fenskinator · · Score: 2

      I agree with you on most of your points, but copyright itself isn't the problem. It's the insistence that someone needs to be paid well beyond their lifetime for a work they created that's the problem with copyright.

    8. Re:No? by FreeCoder · · Score: 1

      Do you want link to any case where **AA sued someone for "stealing idea"? And no, actual movie/song/whatever isn't an idea, it's a product. I have never heard of anyone getting sued for copyright infringement by making original content.

    9. Re:No? by Anonymous Coward · · Score: 0

      Perhaps you've heard of the case where one company wanted to call their game "Scrolls", and another company is after them because they create "The Elder Scrolls", and said it was too similar? I realize it's not the **AA, but over-broad copyright enforcement can cause havoc to original content creators. I, myself, am worried about it.

      However! I am not in danger like MegaUpload is. I'm more worried about SOPA/PIPA.

    10. Re:No? by FreeCoder · · Score: 1

      That's not copyright infringement, it's trademark issue. And trademarks are a good thing to avoid someone taking your name and using it to confuse people. Note that generally trademarks also only apply to the same industry.

    11. Re:No? by FreeCoder · · Score: 1

      Don't you think its a little bit abusive to not allow the original content creators and artists to determine themselves the terms of the trade?

    12. Re:No? by poity · · Score: 1

      I think the OP was referring to explicitly copyrighted material like movies, music (things that are published with copyright notice or are registered), rather than implicitly copyrighted material like forums postings.

      --
      your thin skin doesn't make me a troll
    13. Re:No? by Anonymous Coward · · Score: 0

      Great... so if in 2199 I have a website that offers "Walt Disney's Steamboat Willy" as a free download because it became Public Domain the year before, then I get hit by a Trademark infringement lawsuit from the Warner-Disney Universal corporation?

    14. Re:No? by marcosdumay · · Score: 1

      If they want it all to be all by themselves, no I don't think that is abusive. So, we extinguish copyrights and rely on contracts for now on?

    15. Re:No? by FreeCoder · · Score: 1

      No you won't be hit with trademark infringement lawsuit. You're not claiming "Walt Disney's Steamboat Willy" as your own product or company, you're only allowing user to download it. That's fair use. Likewise, companies are allowed to use their competitors names when doing product comparisons or other things like that (if they're honest). You just aren't allowed to claim it as your own product.

    16. Re:No? by AngryDeuce · · Score: 3

      Fuck 'em all. I don't give a shit about copyright anymore. I hate it all.

      Goddamn right.

      I have no more respect for the MAFIAA than I do for the fucking Mexican Cartels or any other criminal organization at this point. The fact that our government legitimizes their bullshit is immaterial to me. After SOPA/PIPA and now this Megaupload bullshit, I've got a new motto: Pirate all the things!

      Fuck 'em.

    17. Re:No? by betterunixthanunix · · Score: 1

      I have never heard of anyone getting sued for copyright infringement by making original content.

      http://dominic-von-riedemann.suite101.com/fansubs-2--the-empires-strike-back-a6755

      Although I guess some people would not consider subtitle information to be original content -- even though someone has to sit down and translate, enter timing information, positioning information, font information, cultural notes, etc. Or maybe creating work based on what other people have done is not original?

      https://en.wikipedia.org/wiki/Category:Films_based_on_novels

      --
      Palm trees and 8
    18. Re:No? by betterunixthanunix · · Score: 2

      Don't you think its a little bit abusive to not allow the original content creators and artists to determine themselves the terms of the trade?

      They can determine the terms of the trade but why should they get to determine what I do with my property after I buy it from them? If I did not sign a contract that said I would not copy a CD, then why should I not copy the CD?

      --
      Palm trees and 8
    19. Re:No? by jamstar7 · · Score: 1

      Try making a movie about a public domain fairy tale, you'll have Disney lawyers up your ass in a heartbeat claiming you created a derivitive work based on their copyright. Derivitive works are covered under the owner's original copyright. It's why Star Trek fan films, technically infringing, are allowed to be created by Paramount/CBS just as long as nobody makes a dime off them.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    20. Re:No? by westlake · · Score: 1

      Why? Because the *AA's are criminal organizations, and copyright is and never will be a property right, but since we don't have the money to enforce the Constitution (we being the normal people)... corporations will assfuck us while the government holds us down.

      In Article 6 the Constitution and Treaties made under the authority of the United States are defined as the supreme law of the land.

      Legislation passed to implement a treaty doesn't need any other authority than the treaty itself. Meaning that the Congress can legally bring US copyright laws into compliance with international standards.

      Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause, empowers the United States Congress:

      To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries

      The Founders were allergic to imposing policy decisions on the future Congress and Executive.

      That is why the federal Constitution is an essentially structural document condensed to a bare 7,500 words and the Alabama state constitution clocks up 357,157 words.

      "Limited times" means whatever the Congress and Executive agree it should mean. No more and no less.

      Copyrights can be freely traded or sold. Copyright can be inherited. Income from copyrights can be taxed. The market value and legal ownership of a copyight has meaning in many situations.

      Tresspassers can be prosecuted under both civil and criminal law.

      This sure as hell looks like property to me.

      The "AAs" are trade associations.

      They are effective because they have organization, discipline and resources. They are effective because their members are economically significant in states like California, New York, and so on.

      The production budget of a Pixar or Dreamworks feature is $200 million. Sequels may take that --- essentially local --- investment to $1 billion dollars.

    21. Re:No? by bky1701 · · Score: 1

      Copyright IS the problem. Sorry you can't see that. Physical property rights are a necessary evil to allow society to function. Making ideas property is not necessary by any stretch of the imagination, but is wholly immoral, unnecessary, and leads directly to censorship, corporatism, and global political corruption. All so you can (possibly) get some movies to watch and distract you from reality. It's not a reasonable tradeoff for society. Copyright needs to end NOW and we will not see this shit over until it is dead and buried like certain other ideas of what constitutes "property."

    22. Re:No? by cheekyjohnson · · Score: 1

      Doesn't this assume that the government is what some might call just?

      --
      Filthy, filthy copyrapists!
    23. Re:No? by PCM2 · · Score: 1

      No you won't be hit with trademark infringement lawsuit.

      Yes, he will. The name of the cartoon is Steamboat Willie . If he changed the title for the purposes of advertising, he could easily (and rightly) be slapped with a lawsuit for infringing trademarks of the Walt Disney Company. In fact, he would probably be sued (knowing Disney) just for marketing a film with the character of Mickey Mouse in it, since Mickey Mouse is also a trademark. This area of law is complicated and there is a lot of money at stake.

      Back to the earlier point, no, people won't sue you for producing original content. And no, SyFy does not intentionally set out to make shitty movies as a way to avoid copyright lawsuits -- what a bizarre concept! SyFy movies are shitty because nobody spends any money on them, period. Copyright-wise, the ripoffs produced by studios such as Asylum are well in the clear... they're all based on public domain concepts such as mythical monsters, sharks, the Norse god Thor, H.G. Wells's The War of the Worlds, Sherlock Holmes, car racing, etc., etc.

      --
      Breakfast served all day!
    24. Re:No? by PCM2 · · Score: 1

      Fansubs aren't original content. They are derivative works of the original script and/or film.

      Films based on novels that are currently in copyright must be licensed. Films based on out-of-copyright novels need not be.

      --
      Breakfast served all day!
    25. Re:No? by Anonymous Coward · · Score: 0

      Actually, if you share files and then tell others about how great that content is, you'll only be giving the content producers free marketing.
      The argument that business is being harmed by file sharing is seriously flawed.

      If you want to hurt the content producers most, boycott them.
      Stop file sharing. Stop going to the movies and buying the DVDs. Change the subject if someone starts talking about content you're boycotting.

      Go and play an independent online game or something in your free time on the internet instead.

    26. Re:No? by gmhowell · · Score: 1

      I have to agree with the *AA's on this one. Anyone with a copy of "Ice Ice Baby" is a criminal.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    27. Re:No? by betterunixthanunix · · Score: 1

      They are derivative works of the original script and/or film.

      Then practically nothing on the market today should count as original work. It is exceedingly rare for a movie to not be based on some other movie, novel, or story. Music follows the general pattern of other music, often with the same themes and forms. Books are inspired by and based on other books and sometimes movies. It is very rare for an idea to be so original that it is not obviously borrowed some other people's ideas.

      So indeed, nobody has been sued over "original content" because there is no original content out there, at least not under your definition (which excludes any derivative work). I would say that fansubs contain a lot of original content -- positioning, fonts, interpretation, cultural notes, etc. -- which is often of higher quality than what studios put out.

      --
      Palm trees and 8
    28. Re:No? by Anonymous Coward · · Score: 0

      Then I hope you get arrested just like you deserve, you stingy cheap inconsiderate thief. Yes, I called you a thief. All the semantic arguments in the world that are put forth by Slashdot posters don't change that, at heart, they are thieves with no respect for other people's things. And don't give me that nonsense about "oh, but I'm not depriving anybody of anything". BS you're not.

      Face it, this isn't about morals or principles or any of that other pretentious wanking that people love to espouse here. You just want to have stuff without paying for it. When will you grow up and at least admit that you're a cowardly thief with no morals or principles?

      You're worse than anyone at the RIAA or MPAA.

    29. Re:No? by Anonymous Coward · · Score: 0

      No, don't pirate, that's not the way to fight this. Start using jamendo.com to find music, donate to the bands that you really like (It's all creative commons!)

      You can find some movies to watch here, but it's not exactly the best site: http://wiki.creativecommons.org/Films

      We need to start actively watching, supporting, encouraging and donating to creative commons music and film.

    30. Re:No? by DMFNR · · Score: 1

      He never said he was "marketing" it, he just said making it available for download. Now I guess just making a link and possibly a thumbnail could be considered a form of advertising, but virtue of the fact that the link shows the availibility of the product, but that's not the point I'm trying to make. IANAL, and I don't claim to be extremely knowledgable in intellectual property law, but I was under the impression a trademark protected words, phrases, or symbols that represented a company. That would protect a company like Pepsi from me putting a cola product on the market with the same or similar name and making a profit off their image or reputation. So if I made a movie and used Mickey Mouse or the name Walt Disney on the package without permission, I would be infringing on Walt Disney's trademarks. Now if a Walt Disney film, say "Steamboat Willie", fell in to the public domain and was someone released it online, I don't think that would be a violatation of Walt Disney's trademarks. It's still Walt Disney's product, regardless of whether or not they still hold they copyright, I am not misrepresenting something using their trademarks.

      As far as the rights of a company to stop someone from using something the hold the trademark to, I have no idea. If I write a movie review on Walt Disney's "Steamboat Willie" and I have an image of Mickey Mouse, do they have the legal standing to compel me to remove the words and images they hold the trademarks too? Why do most commercials in the US refer to their competitor as "the other leading brand" and use look-a-like packaging instead of just stating the brandname? Their not misrepresenting their trademarks, real Bounty towels are real Bounty towels, even if Viva is 50% more absorbant. What are the rules as far as using a companies trademark to simply refer to the product? I'm don't know much more about the legalities other than what I stated above, hopefully someone with more knowledge on the subject can chime in.

    31. Re:No? by PCM2 · · Score: 1

      If I write a movie review on Walt Disney's "Steamboat Willie" and I have an image of Mickey Mouse, do they have the legal standing to compel me to remove the words and images they hold the trademarks too?

      Nah, I think there's explicit language that describes this as Fair Use.

      Why do most commercials in the US refer to their competitor as "the other leading brand" and use look-a-like packaging instead of just stating the brandname?

      I don't think it's a trademark issue. One, they don't want to run an ad that specifically says that a specific competitor is deficient in some way that can later be proven wrong, thus incurring a lawsuit. They're playing it safe. Two, it's killing X birds with one stone! Why single out one competitor when you can be vague and have every consumer assume you're talking about whichever one they're using?

      --
      Breakfast served all day!
  6. Probably not by Zeikcied · · Score: 5, Informative

    Not unless they're paying users for posting popular pirated content like Megaupload was.

    Paying pirates for pirating stuff is illegal, and it left MU without the excuse of "We didn't know." At least the other sites, as long as they don't reward pirates, can claim they're doing all they can to keep the site clean.

    1. Re:Probably not by ThatsMyNick · · Score: 4, Insightful

      I agree. Evidence collected for megaupload include emails that specifically mentioned paying users that uploaded the most popular movie. Note it was not a "file", but specifically a "movie". Rapidshare and dropbox are safe as long as they dont explicitly support piracy (unlike megaupload). If all they care about are files and even if they pay users for uploading most popular files, the would get a free pass. Atleast under current laws.

    2. Re:Probably not by ThatsMyNick · · Score: 1

      Sorry for the self reply, but missed an import piece: They also have comply with DMCA request, apart from treating all files equally; and they are good.

    3. Re:Probably not by Anonymous Coward · · Score: 1

      Not Rapidshare, they are in Switzerland

    4. Re:Probably not by tepples · · Score: 2

      If Megaupload was paying for downloads of popular videos, how is that different from YouTube's partner program paying for views of popular videos, if both would honor authentic-appearing notices of infringement?

    5. Re:Probably not by ThatsMyNick · · Score: 1

      I believe even rapidshare pays you for popular downloads (I believe most websites do it). The difference is the intent and the wording. Emails between megaupload staff/executives state that they were paying for most popular movies at that time. It means they acknowledge and explicitly supporting piracy, and failed to remove content that they knew were pirated. If they had worded it as most popular files, they would have been safe.

    6. Re:Probably not by X.25 · · Score: 4, Interesting

      I believe even rapidshare pays you for popular downloads (I believe most websites do it). The difference is the intent and the wording. Emails between megaupload staff/executives state that they were paying for most popular movies at that time. It means they acknowledge and explicitly supporting piracy, and failed to remove content that they knew were pirated. If they had worded it as most popular files, they would have been safe.

      You are missing the most important (and most complex) point.

      How can anyone know that account which uploaded the video does not actually hold copyright on it? Yes, question sounds silly, but it is extremely complex. Unless someone else claims the copyright ownership, you can only assume that whoever uploaded it is the copyright owner. Keep in mind, labels never provided Megaupload with any kind of tools/database that would make it easier to automate 'illegal content detection', like what YouTube does (and YouTube is worth much much more than Megaupload, and has much much more resources).

      I also don't own copyright on any song that I purchased on a CD, but I do have a right to have a backup of it. And if I then share that backup with the rest of the world, it was me who actually did the wrong thing, not the service where I store the song. Or you think it was service provider's fault?

      Biggest question of all is - are service providers expected to look at every single file in order to determine whether it is pirated or not (answer is 'no', just in case you wondered)? Yes, of course they were aware about piracy on the site, but what can you realistically do about that except taking down files when they appear in DMCA notice?

      I also saw people complaining how Megaupload didn't take down some files, even if someone reported them as pirated content. However, only copyright owner is able to fill a proper DMCA notice. You can not, as a random citizen, submit a DMCA notice and expect the file to be taken down. Let alone just reporting a 'pirated file' via email.

      There are so many things that need to be properly tested in court, this will certainly be a massive one.

    7. Re:Probably not by ThatsMyNick · · Score: 1

      You are missing the most important (and most complex) point.

      How can anyone know that account which uploaded the video does not actually hold copyright on it?

      I dont believe one can either. But in this case they were pretty much caught with their hand in the cookie jar. The emails and communication prove that they knew a particular file was pirated and was being shared (hell, they even shared some of those themselves), and took no action.

      Biggest question of all is - are service providers expected to look at every single file in order to determine whether it is pirated or not (answer is 'no', just in case you wondered)? Yes, of course they were aware about piracy on the site, but what can you realistically do about that except taking down files when they appear in DMCA notice?

      No they are not. But when they come across one, that they know and acknowledge to be pirated, they better delete it. Its as simple as that.

      There are so many things that need to be properly tested in court, this will certainly be a massive one.

      I afraid megaupload is screwed either ways. There are plenty of other easy to prove charges like money laundering and tax evasion tagged on.

    8. Re:Probably not by shark72 · · Score: 2

      "How can anyone know that account which uploaded the video does not actually hold copyright on it? Yes, question sounds silly, but it is extremely complex. Unless someone else claims the copyright ownership, you can only assume that whoever uploaded it is the copyright owner."

      You nailed it with "silly." The courts tend to have a lower threshold for silliness than many people understand. If even the proponent of an argument acknowledges that it's silly, it won't pass the laugh test in court.

      You see, the justice system has a very low tolerance for bad actors. If the facts are these:

      1. User "DeEzNuTs" uploads a screener rip of Avatar.
      2. 20th Century Fox sends you a DMCA takedown request.
      3. You purposely delete all but one link to the file, so that it stays in the system -- in other words, you don't honor the takedown request.

      A reasonable person would understand that "DeEzNuTs" is not the copyright holder for Avatar, and that the film company's distribution strategy does not include posting screener rips to sites known for piracy. Likewise, if MU's defense is that, gosh, they had no idea that DeEzNuTs wasn't actually the copyright holder, they'll be laughed at.

      "Yes, of course they were aware about piracy on the site, but what can you realistically do about that except taking down files when they appear in DMCA notice?"

      Again, you've nailed it. Respond to copyright claims in good faith, and you're in that safe harbor. That's why it's called a safe harbor. That's why the DMCA hasn't brought down the Internet: the laws are easy to follow. It's nigh on impossible to run a successful service that (a) actively induces piracy and (b) follows the law; each time a Torrent site operator claims that they're "just like a search engine".... they're not. If you avoid the DMCA safe harbor provisions, you're not just like a search engine.

      MU ignored the safe harbor previsions, because it would have interfered with the successful execution of their business model.

      "There are so many things that need to be properly tested in court, this will certainly be a massive one."

      This is all pretty basic stuff. These were all tested in the Grokster decision, the Napster decision, and lots of other P2P-related decisions. Some of this stuff goes back more than a decade.

      --
      Sitting in my day care, the art is decopainted.
    9. Re:Probably not by Anonymous Coward · · Score: 1

      they better hope a court can't at all connect them to the US. no servers, no urls registered, no casual acquaintances, etc.

      Judge: How about jurisdiction?
      *iaa: I have evidence that the people involved once looked at a map that had the USA on it!
      Judge: GRANTED.

    10. Re:Probably not by Anonymous Coward · · Score: 0

      How can anyone know that account which uploaded the video does not actually hold copyright on it? Yes, question sounds silly, but it is extremely complex. Unless someone else claims the copyright ownership, you can only assume that whoever uploaded it is the copyright owner.

      You've answered your own question in the first part of your very next sentence, so it really wasn't a complex question at all. It's the way the system has worked for some time now. A copyright holder (or their agent) discovers infringing material on your site, and notifies you of it. You have a reasonable amount of time to investigate the claim before any action can be taken against you. That's how you know. It ain't complex, it's dead simple. Nowhere in the law does it require sites to inspect every file on their servers - only those where valid DMCA notices have been submitted.

      I also don't own copyright on any song that I purchased on a CD, but I do have a right to have a backup of it. And if I then share that backup with the rest of the world, it was me who actually did the wrong thing, not the service where I store the song. Or you think it was service provider's fault?

      If a copyright holder notifies the service provider of your infringing activity, and the service removes the infringing material within the safe harbor time limit, they are in no danger of running afoul of the law (although you could be prosecuted individually). Megaupload didn't just fail miserably in complying with this part of the law, they snubbed their noses at it.

    11. Re:Probably not by Anonymous Coward · · Score: 0

      So you say they should delete the file one reported link pointed to so that all other people with links to that file lose access to it?

      But MegaUpload can simply not know whether a person has uploaded content and is using his link to break copyright. Even if it is Avatar, ripped by X.

      Here in the Netherlands I am allowed to download music and video, right now even from a clearly illegal source. I can then keep that file to myself in whatever way I wish. If I want to store it in a cloud like MegaUpload, then I have that right. I am just not allowed to share that content to other people.

      Now someone else has that file uploaded and is sharing his link, so he is sharing the content illegally. His link points to the exact same file as my link. Then **AA is making a DMCA claim because of that other link. MegaUpload could remove the whole file. But then the people who have the file stored there legally will lose it also. MegaUpload simply cannot remove the file, only the link that is being used for sharing the content illegally.

    12. Re:Probably not by cheekyjohnson · · Score: 1

      A reasonable person

      What is "reasonable"?

      would understand that "DeEzNuTs" is not the copyright holder for Avatar

      Why? What if it's a bogus DMCA takedown request?

      the laws are easy to follow.

      Are they? Not if you're constantly getting DMCA takedown requests. Then you'll have to rely on some sort of automated system that will more than likely result in non-infringing material getting removed. That or give power to copyright holders. Either way, the consequences will likely be the same.

      --
      Filthy, filthy copyrapists!
    13. Re:Probably not by Anonymous Coward · · Score: 0

      what if someone else downloaded deeznuts's rip of avatar and uploaded it again, so it would have a different link?

      Even if they took all of deeznuts' links, there would still be the other account's links. And it's the same file, so the studios could use that as proof that they're not deleting the content.

      there are always technicalities.

    14. Re:Probably not by Anonymous Coward · · Score: 0

      Respond to copyright claims in good faith, and you're in that safe harbor. That's why it's called a safe harbor. That's why the DMCA hasn't brought down the Internet: the laws are easy to follow. It's nigh on impossible to run a successful service that (a) actively induces piracy and (b) follows the law; each time a Torrent site operator claims that they're "just like a search engine".... they're not. If you avoid the DMCA safe harbor provisions, you're not just like a search engine.

      You haven't explained how that supposedly works. Trackers don't host files, the host hash listings. The actual copyrighted data is stored in the cloud (peers), the tracker is only a starting point for finding that cloud. In my non-lawyer understanding, that fact makes DMCA take-downs bogus since the studio does, in fact, NOT own the copyright to Avatar_screen_rip.torrent^, only Avatar_screen_rip.mp4 that you can, at some later time, download separately.

      I suppose the tracking part of the tracker that records the list of IPs in the peer cloud is in more dangerous waters, but it still does not actually touch the copyrighted data at all. So the interesting question would be, does a site that hosts torrent files but does not contain a tracker (i.e. all the torrents are DHT or use a 3rd party tracker) still subject to this nonsense? Conversely, what about a site that tracks anything but doesn't have the torrent files to know what it is tracking?

      ^ [As a simple container of facts, devoid of creativity, copyright does not even apply to such files at all]

    15. Re:Probably not by Nuitari+The+Wiz · · Score: 2

      I also saw people complaining how Megaupload didn't take down some files, even if someone reported them as pirated content. However, only copyright owner is able to fill a proper DMCA notice. You can not, as a random citizen, submit a DMCA notice and expect the file to be taken down. Let alone just reporting a 'pirated file' via email.

      There is a lot of copyright management companies out there that do the work for the *AA. There is no provided way to validate a specific takedown. Say you run a site like MegaUpload and you receive a takedown notice from a gmail account. Could you really beleive in the email as being done in good faith? What about all those companies that don't even take the time to publish SPF records.

      As reported by MegaUpload, 70% of fortune 500 companies had accounts linked to them. How would you sort out what is infringing from what isn't? It could happen that works in progress and final works get distributed internally that way.

      What about remixes?

      As for just having a bunch of regexes, Hotfile lawsuits against Warner show how it can fail (see: http://arstechnica.com/tech-policy/news/2011/09/hotfile-turns-tables-accusing-warner-brothers-of-dmca-abuse.ars )

      There is also the the matter of volume. In the indictment, it says that Carpathia (a hosting provided) provided 25PB to megaupload. This would be a lot of files to verify. And even then you could make a lot of false positive and a lot of false negative. It is not specified how much data capacity was at Leaseweb, however the amount of servers was similar.

      As for deleting the files, the DMCA doesn't require that. It says:

      "(iii) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;"

      Removing the link in question would disable access to the material, which is what MegaUpload did.

    16. Re:Probably not by Anonymous Coward · · Score: 0

      A reasonable person would understand that "DeEzNuTs" is not the copyright holder for Avatar

      Wrong, because for starters I don't know what "Avatar" is supposed to be. Not even wikipedia knows http://en.wikipedia.org/wiki/Avatar_%28disambiguation%29

      Is it that James Cameron's movie or the cartoon Avatar the last air bender? Or is it a 3D model for the Titan class Avatar ship from Eve Online? And if so, is it a self-made model or ripped from the game source? What about the parody "Avatar the abridged version"? You could argue that that last one does infringe but no one in their sane mind would argue that the producers of the cartoon are losing any market based on that parody.

      Or it could be an original creation.

      Also the name of the file isn't enough to argue that it is infringement. Maybe avatar.jpg is just a rectangle someone uses for avatar. If the file is a 3 GB video called James_Cameron_Avatar(2009)[FULLMOVIE].mkv you have a better case and I don't doubt there are files named as such but plase don't make such simplistic statements.

    17. Re:Probably not by X.25 · · Score: 1

      I dont believe one can either. But in this case they were pretty much caught with their hand in the cookie jar. The emails and communication prove that they knew a particular file was pirated and was being shared (hell, they even shared some of those themselves), and took no action.

      But what action can they possibly take? You don't understand the issue at all.

      What action should ISP take when they know their users are downloading pirated material?

      Should ISP also start disconnecting people on their own?

    18. Re:Probably not by Anonymous Coward · · Score: 0

      User "DeEzNuTs" uploads a screener rip of Avatar.

      20th Century Fox sends you a DMCA takedown request.

      You purposely delete all but one link to the file, so that it stays in the system -- in other words, you don't honor the takedown request.

      A reasonable person would understand that "DeEzNuTs" is not the copyright holder for Avatar, and that the film company's distribution strategy does not include posting screener rips to sites known for piracy. Likewise, if MU's defense is that, gosh, they had no idea that DeEzNuTs wasn't actually the copyright holder, they'll be laughed at.

      How does this nonsense get modded "Insightful"? It is not illegal in some/most(?) jurisdictions to make backups for private personal use. Ergo, as long as the URL of the file in question is not shared, it's perfectly for someone to rip a DVD and upload it to a cloud. Since the ripping and source material is a digital process, I expect it to be totally possible to make binary equivalent copies of the files.
      So, what people like you are saying is that because person A shares his URL with the world - thus violating copyright - the music industry should be able to destroy the backup or person B who isn't doing anything wrong? What kind of idiot logic is that?!? This would be grounds for person B to be able to sue MU on - especially if they are a paying member. So MU can't delete the other people's files even if they wanted to.

      This is also why they could delete the other more objectionable material (like child porn) and all its instances, since child porn is not legal anywhere under any cases - unlike the "copyright violations".

      I will also point out that although the URL is possible to be guessed at by the public, that would probably constitute hacking or a DMCA violations.
      If the laws are set up that you can get sued that no matter what you do, you can be sued by someone, then it's the law that's broken and deserves to be thrown out by a jury.

    19. Re:Probably not by shark72 · · Score: 1

      "What is "reasonable"?"

      "reasonable person" is a legal construct. Wikipedia explains it pretty well:

      http://en.wikipedia.org/wiki/Reasonable_person

      "Why? What if it's a bogus DMCA takedown request?"

      You've read the indictment, right? It's not even an issue of thinking the takedown requests are bogus (ie. somebody's forging an email from Fox to issue a takedown on Avatar). They ignored takedown requests that they knew to be legitimate on hugely popular files (ie. the latest scene releases) because they were making tons of money. Kim's instructions to his team were to ignore all takedown requests except from the major media companies in the US -- ie. the ones that would actually do something about it if the requests were ignored. They knew exactly what they were doing.

      --
      Sitting in my day care, the art is decopainted.
    20. Re:Probably not by cheekyjohnson · · Score: 1

      You've read the indictment, right?

      I wasn't talking about this specific instance, but in general.

      They ignored takedown requests that they knew to be legitimate on hugely popular files (ie. the latest scene releases) because they were making tons of money.

      Really? They didn't even remove the "links"?

      They may very well be guilty, but that remains to be seen.

      --
      Filthy, filthy copyrapists!
  7. At least on dropbox by Anonymous Coward · · Score: 4, Insightful

    if they close it I've still got my files locally

    1. Re:At least on dropbox by eldorel · · Score: 5, Informative

      if they close it I've still got my files locally

      Are you certain of that?
      If I delete a file from my dropbox folder on my laptop, it gets removed on my desktop.

      What happens is someone with access to the dropbox server deletes a file?

      Online "backup" services ARE NOT A VALID REPLACEMENT LOCAL BACKUP PROCEDURES.

      They are for convenience and additional protection only.

    2. Re:At least on dropbox by Anonymous Coward · · Score: 3, Informative

      Dropbox is not an online backup solution, its a file synchronization solution. So yes, you delete it from the dropbox folder on one computer, and any other computer synced to that same folder will get it deleted as well. So copy your files out of that folder (cause moving will delete them on the others as well) before you delete them. Its a project management feature, not some nefarious evil filesharing scheme.

      posted AC cause I deleted my /. long ago.

      captcha: overshot

    3. Re:At least on dropbox by Canazza · · Score: 5, Informative

      It's not a backup solution. It's a Sync tool. Like SVN. If they took the servers down tomorrow drop box wouldn't get the latest list of files and wouldn't change the data on your pc.

      --
      It pays to be obvious, especially if you have a reputation for being subtle.
    4. Re:At least on dropbox by Bigbuzzman · · Score: 2

      if they close it I've still got my files locally

      Are you certain of that?

      If I yank the network cable out of my computer, I still have my files.

    5. Re:At least on dropbox by eldorel · · Score: 5, Informative

      While both you and I are aware of that, there are many people who are mislead into believing that dropbox is a backup service.

      Heck, go look at their sales pitch.

      "Dropbox - Secure backup, sync and sharing made easy"

      This is plastered all over their web site, advertising, and over a million linked sites

      And you are probably correct, if they took the server down no data would be deleted.
      That would be why I specifically asked about the data being deleted.

      However, consider what would happen if someone disconnected the front end web farm from the storage system during a federal seizure. Also, what about catastrophic failure at the datacenter?

      Are we certain that the dropbox servers wouldn't assume that there was no data for a little while?
      I haven't seen the code, so we can only hope that the system is properly designed.

      Or, we can do exactly what I said in the original post, and KEEP LOCAL BACKUPS.

    6. Re:At least on dropbox by Arancaytar · · Score: 2

      If your client is set to automatically synchronize all file operations including deletion (which is usually the default), then your local copy exists at the mercy of the server. Of course you can rest assured that if anyone compromises the server, they would simply take it offline rather than instructing it to send a deletion command to all clients, but if you don't want to rely on that, you should better make sure that your local copy is as safe as you want it to be.

    7. Re:At least on dropbox by eldorel · · Score: 1

      I replied to a similar comment further up the thread, but i'll summarize it here.

      Just because the people taking over system aren't going to send a deletion command intentionally doesn't prevent them from causing a catastrophic failure that looks like a deletion.
      Most of the time these kinds of federal seizures are handled by 1 guy with a clue and 20 guys with muscles.

      Feel free to go disconnect the drive array in an improperly configured NAS cluster some time.
      I've seen several systems that assume that all of the missing files were deleted.

    8. Re:At least on dropbox by pimpsoftcom · · Score: 1

      Not true. It would connect, find no files, and remove them from your PC, thinking that you had deleted everything.

      --
      - d
    9. Re:At least on dropbox by reve_etrange · · Score: 1

      Are you certain of that?

      I am if I set the file attributes to prevent modification or allow undeletion.

      Can't really expect most people to (be able to) do that, though...

      --
      .: Semper Absurda :.
    10. Re:At least on dropbox by Nemyst · · Score: 1

      You have access to the code and know how it would behave in such a case?

      The sync server being down would most likely have the same result as not having a network connection at all; Dropbox would just wait until it can connect, not affecting your files in any way.

    11. Re:At least on dropbox by FreeCoder · · Score: 1

      You have access to the code and know how it would behave in such a case?

      Yes, it's called disassembling. Not that I think Dropbox behaves like that, though.

    12. Re:At least on dropbox by daver00 · · Score: 1

      Or it would just not connect.

    13. Re:At least on dropbox by icebike · · Score: 2

      The sync server being down would most likely have the same result as not having a network connection at all; Dropbox would just wait until it can connect, not affecting your files in any way.

      Down is one thing, but the GP postulates that rights holder may be able to force the deletion of files not only on drop box, but also on your computer by simply continuing to run the servers. Anything in your shared area (as opposed to your encrypted area) could be (possibly) be deleted from your hard drive via this method.

      Doing so would seem to be a legally risky move, but who you gonna sue? The DOJ?

      Of course no one would have any way of knowing what is in your encrypted area. *Cough*.

      Sharing copyrighted material via drop-box's un-encrypted public folder seems pretty dumb since it all ties back to you.

      --
      Sig Battery depleted. Reverting to safe mode.
    14. Re:At least on dropbox by aaarrrgggh · · Score: 1

      So data deduplication is a crime?

    15. Re:At least on dropbox by Grishnakh · · Score: 1, Interesting

      Quibble: it's not like SVN, unless it maintains copies of all the older versions of your files (in which case it'd really be more like ZFS with snapshots), lets you diff different versions of files, etc. Instead, it's like rsync, or perhaps even unison (which is basically two-way rsync). SVN isn't a sync tool, it's a centralized revision control system. It can be used as a sync tool, clumsily, but it isn't a very good tool for that. rsync is absolutely what Dropbox (haven't used it personally) sounds like.

    16. Re:At least on dropbox by Grishnakh · · Score: 2

      While both you and I are aware of that, there are many people who are mislead into believing that dropbox is a backup service.
      Heck, go look at their sales pitch.
      "Dropbox - Secure backup, sync and sharing made easy"

      Yep, typical marketing lies. The problem with these marketing lies like this, compared to regular false advertising, is they aren't so blatant, because they rely on peoples' poor understanding of terminology.

      Dropbox is only "backup" in the very loosest sense of the word.

    17. Re:At least on dropbox by rhook · · Score: 2

      Online "backup" services ARE NOT A VALID REPLACEMENT LOCAL BACKUP PROCEDURES.

      You should never keep your backups at the same physical location as the originals. Always backup to another location that you control.

    18. Re:At least on dropbox by turbidostato · · Score: 1

      "Of course you can rest assured that if anyone compromises the server, they would simply take it offline rather than instructing it to send a deletion command to all clients"

      How can you be so sure?

      Why they closed megaupload? Why they would close Dropbox?

      Exactly: because they host copyrights infringing data. So, what would be better than seize that cave of pirates *and* delete all that data that is ruining all those poor entertaiment megacorps?

    19. Re:At least on dropbox by Dan541 · · Score: 1

      Sync is not a backup solution. If you lose the file in one location it gets removed in the other.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    20. Re:At least on dropbox by nahdude812 · · Score: 4, Informative

      It does maintain old copies of files. For 30 days, files you delete can be restored, and you can revert files to earlier versions. For a fee (an add-on called PackRat), they will keep old versions and deleted files indefinitely.

    21. Re:At least on dropbox by Dan541 · · Score: 1

      According to the MPAA, yes.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    22. Re:At least on dropbox by jc42 · · Score: 2

      However, consider what would happen if someone disconnected the front end web farm from the storage system during a federal seizure. Also, what about catastrophic failure at the datacenter?

      Or suppose during that seizure, the feds plugged in a USB drive and "moved" my files to their drive. Since the files are now gone from dropbox's copy of my directory, would their mv command delete the files from my directory on my machine, too? Seems to me it likely would.

      Anyone know for sure?

      (I don't actually have a dropbox account. I've considered it, but I haven't convinced myself that I understand their marketing jargon. I've seen disasters caused by "backup" software that responds to a file deletion on the main machine by deleting the backup copy the next time a "sync" is done, and I want nothing to do with a system that does this to me. ;-)

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    23. Re:At least on dropbox by SCPRedMage · · Score: 1

      Better yet, do both.

      Local backups let you quickly recover data lost from things like accidental deletion, but there's no replacing a good off-site backup for disaster recovery.

      --
      My sig can beat up your sig.
    24. Re:At least on dropbox by lonecrow · · Score: 1

      If the drop box servers get shut down how is your client app supposed to sync with it and *accidentally* delete your files?

      Test it yourself unplug you network cable and see if yor files disappear.

      I try not to be snarky but really did you even pause for a minute to think about it?

    25. Re:At least on dropbox by Anonymous Coward · · Score: 0

      Indeed.

      Also, should someone remote kill your dropbox files... shadow copy on the local cache, ftw.

    26. Re:At least on dropbox by Moryath · · Score: 1

      and any other computer synced to that same folder will get it deleted as well.

      Provided three things are true:
      #1 - the computers are actually syncing (and not, say, on a turned-on laptop currently disconnected from any wireless networks) and
      #2 - the file has not been copied to another folder on another machine it was previously synced to and
      #3 - the file has not been edited and re-saved by someone else, marking it as "theirs" instead of "yours" according to Dropbox.

      This is one of the big things that freaks out the lawyers when it comes to work files getting anywhere near Dropbox: once it's been there, it is impossible to actually ensure that it is deleted from all the places it may have been copied to.

    27. Re:At least on dropbox by Moryath · · Score: 1

      If the dropbox frontend servers are left to run, but the dropbox DATA servers are taken offline, the theory goes that the dropbox frontend might indicate a "no data" result to every single client, causing the local clients to delete any previously cached data.

      Or so the theory goes. There's also the theory that someone nefarious might re-code the frontend servers to issue "delete all data" commands to any incoming client connection.

    28. Re:At least on dropbox by Anonymous Coward · · Score: 0

      Unless the cops seize the server your data is hosted on, that is...

    29. Re:At least on dropbox by uglyduckling · · Score: 1

      "What happens..." is that the dropbox server effectively has a version control system, and files can be rolled back including deletes. It's a totally valid replacement for local backup procedures, with different pros and cons as for any solution. What happens when someone drops the backup tape in their cup of coffee? There are always failure points, but it's silly to say dropbox is "not a valid replacement" because you can conceive of a [mitigated] point of failure.

    30. Re:At least on dropbox by uglyduckling · · Score: 2

      Why is it a "lie" that dropbox is a backup? With dropbox I have a secure, offsite copy of all of my files, with automatic versioning so that I can rollback deletes or accidental changes. How is that not a backup?

    31. Re:At least on dropbox by improfane · · Score: 1

      Hello DCTech, DavidSell, InsightIn140Bytes etc.

      --
      Slashdot needs Geekcode | Can anyone recommend any good SCIFI? My tastes: Foundation, Startide Rising, CITY, Ringworld,
    32. Re:At least on dropbox by Anonymous Coward · · Score: 0

      I keep some of my kids pictures in dropbox. It's a way to make sure I allways have a backup...

      So I also should be worried!

    33. Re:At least on dropbox by Anonymous Coward · · Score: 0

      but does it maintain these backup files locally? And if so, if the service is shut down, will the client software function properly enough to restore the files?

    34. Re:At least on dropbox by adolf · · Score: 1

      Or suppose during that seizure, the feds plugged in a USB drive and "moved" my files to their drive. Since the files are now gone from dropbox's copy of my directory, would their mv command delete the files from my directory on my machine, too? Seems to me it likely would.

      Maybe. If a client deletes a copy, the other clients lose their local copy too.

      If deleted on the server directly, I don't know what happens (who would except Dropbox?). But Dropbox does atomic(ish) updates in a way not too dissimilar from rsync, to minimize bandwidth. They also say that they do some fancy deduplication to minimize storage requirements on their end.

      Combine the two, and I'd guess that an mv (or an rm for that matter) would result in failure (as in brokenness and ceasing to operate, not local loss of data).

      It's just a guess, though. And I don't think it should matter if you're doing it right: I use Dropbox for all kinds of stuff that I want shared between my machines (some portable, some not), but also back it up independently just like everyone should be doing anyway for anything that is important at all.

      (I don't actually have a dropbox account. I've considered it, but I haven't convinced myself that I understand their marketing jargon. I've seen disasters caused by "backup" software that responds to a file deletion on the main machine by deleting the backup copy the next time a "sync" is done, and I want nothing to do with a system that does this to me. ;-)

      This is the opposite of the problem you described above.

      Dropbox keeps copies of things (and revisions of things) for a period of time -- 2 weeks, IIRC. It's really kind of clever in practice. You can go back to a time before you deleted (or otherwise munged up) the file and recover it easily enough if you catch it in time, or see how a file changed over time, or just undo a fuckup, or someone else's fuckup, or whatever. The rest of the time it's transparent.

      If 2 weeks (or whatever it is) isn't enough, you can always throw something together that extends that using the same tricks that you'd use on any other datastore.

      And, FYI: Syncing is automagic, and happens at an interval probably best defined as "as quickly as possible once something changes."

    35. Re:At least on dropbox by Grishnakh · · Score: 1

      Sorry, I didn't know they had automatic versioning. I was just going off of what the previous posters in this thread were saying, which was that it only had file synchronization capability. Yes, I'd say automatic versioning definitely qualifies as "backup" in the IT sense of the term. I guess we need another new Slashdot negative mod for me: "-1, previous posters were wrong, should check with more authoritative sources before making judgments" :-) Of course, someone else will say that checking with authoritative sources is wrong because it's a logical fallacy called "appeal to authority". :-S

    36. Re:At least on dropbox by deroby · · Score: 1

      I'm pretty sure it doesn't quite work the way you present it. Judiging by how things work @ dropbox (and yes I do have an account unlike you so that makes me the expert and you the scaremonger), they have a database that keeps track of all files they have sitting in some huge database (might not even be a filesystem as we know it but rather some highly compressed blob) holding the contents and some identifying properties for each file (size, hash(es), etc..). In some other table or databases they hold the link between those files and their users.
      Whenever the client notices a new file arrives on the dropbox folder, it will hash the file, grab it's properties and ask the server whether it knows such file. If not, the file is uploaded, added to the files-database, an entry is put in the user-database and any other client running with the same user-credentials is notified to download said file and put it in said location on each machine. If the file matches some entry already in the files-database, you can skip the upload and all the rest goes exactly the same but this time we're pointing to some entry in the database file that already had been uploaded by someone else.
      When you delete a file, the dropbox client will upload a command to the server saying that the entry needs to be removed from the user-database; it will NOT be deleted from the files-database because some other user(s) might be pointing to it. For more info refer to : http://en.wikipedia.org/wiki/Data_deduplication#Deduplication_Methods
      If you file happens to be unique, it no longer has any user pointing to it, I'm not sure how they cope with that as over time they will get quite a lot of stale info; maybe they have some kind of 'off-peak' cleaning up system going on...

      Now, if the feds come in and they start deleting entries from the files-database, pretty much nothing will happen as there is no delete command issued from a client, they simply broke the link. Unless someone connects to his account from an empty computer (or from the web-interface) and tries to download said file that won't work (**), but it's still miles from what you're proposing above. Additionally, I bet they'd need a biggish USB disk as I'm sure DropBox has quite a bit more than a few Terra-byte sitting in there.

      (**: in fact, if you have another pc on the LAN running DropBox (under the same account), it will rather fetch the file from there than from DropBox server on the internet )

      --
      If there is one thing to be learned on slashdot, it has to be sarcasm.
  8. Doubt it by clarkkent09 · · Score: 5, Insightful

    Megaupload was the very blatant in it's disregard for copyright. I wonder why pirates don't post their stolen movies on youtube? Perhaps because Google is extremely diligent in removing copyrighted material and banning users who post it. If Megaupload did the same it would still be up.

    --
    Negative moral value of force outweighs the positive value of good intentions.
    1. Re:Doubt it by fenskinator · · Score: 1

      If Megaupload did the same it would still be up.

      Based on what we've all been reading, I'm fairly sure they were never going to be diligent like any responsible website.

    2. Re:Doubt it by Fishbulb · · Score: 1

      This is exactly it. Megaupload's entire business model was advertising views and click through for any file that generated traffic.

      Most of the other "cloudbox" providers charge you for space, which to me is more like a self-storage unit.

    3. Re:Doubt it by Anonymous Coward · · Score: 1

      I wonder why pirates don't post their stolen movies on youtube?

      When reading the above, I can't be the only one getting a vision of some guys running out of a video rental store with a bunch of stolen DVDs, ripping them and posting them on youtube...

      Seriously, the whole "stolen" hyperbole just does not work

    4. Re:Doubt it by MacDork · · Score: 1

      I wonder why pirates don't post their stolen movies on youtube?

      Because youtube videos are limited to 10 minutes?

    5. Re:Doubt it by mattventura · · Score: 1

      That's not true anymore, and youtube also has an automatic copyright filter that would probably catch if a movie was being uploaded.

    6. Re:Doubt it by misexistentialist · · Score: 1

      Because pirates have higher standards? Don't think anyone has wanted to set up a pirate movie streaming site. I suppose they must have existed at some time, but streaming is a kind of DRM.

    7. Re:Doubt it by Anonymous Coward · · Score: 0

      15 now, actually. And there's some way to get that limit removed (something about using the account enough, not sure exactly). Anyway, have you never seen a movie posted to Youtube in nine 10 minute long parts?

    8. Re:Doubt it by chebucto · · Score: 1

      youtube videos are limited to 10 minutes?

      I think you'll find it's 10 hours now, buddy. Changed a few months ago.

      --
      The English word fart is one of the oldest words in the English vocabulary.
    9. Re:Doubt it by Anonymous Coward · · Score: 1

      Socialism is slavery.

      Socialism =/= Slavery. For fuck sakes, do words not have meaning anymore?

      "He looked at me funny, officer, charge him with rape!"

      Just in case you hadn't noticed, slavery is a form of capitalism, whereby slaves are purchased and forced to work for the economic benefit of the owner, in lieu of paying wages to employees.

      Socialism is about sharing benefits; rules that benefit society, not just the wealthy, nor the RIAA/MPIA. Think of it as the opposite of feudalism.

      Fucking hell, I cannot believe the shit people say these days.

      BTW, I agree with the rest of your post but the signature is Bull. Fucking. Shit. You should know better than bumper sticker intelligence.

    10. Re:Doubt it by Shoe+Puppet · · Score: 1

      Actually, it's 50 hours.

      Ought to be enough for everybody.

      --
      (+1, Disagree)
    11. Re:Doubt it by Shoe+Puppet · · Score: 1

      ...give or take an order of magnitude.

      Do they even have a limit anymore?

      --
      (+1, Disagree)
    12. Re:Doubt it by blind+biker · · Score: 3, Insightful

      I wonder why pirates don't post their stolen movies on youtube?

      Stolen? You mean copied. Copying is not the same thing as stealing. That's why we have a word for it: copying.

      --
      "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
    13. Re:Doubt it by cheekyjohnson · · Score: 0

      I wonder why pirates don't post their stolen movies on youtube?

      Their copied movies, you mean?

      --
      Filthy, filthy copyrapists!
    14. Re:Doubt it by rohan972 · · Score: 1

      Just in case you hadn't noticed, slavery is a form of capitalism

      If a private individual or company owns people, that is a capitalist form of slavery. If the state owns people, that is socialist slavery.

      The condition of slavery is not confined to any one political or economic system. As someone complaining about the incorrect use of words, you should have responded with the truth rather than propaganda from the "opposite side".

    15. Re:Doubt it by Anonymous Coward · · Score: 0

      Just in case you hadn't noticed, slavery is a form of capitalism

      If a private individual or company owns people, that is a capitalist form of slavery. If the state owns people, that is socialist slavery.

      That's communism, not socialism. Even then, "The State" does not own anyone: there's never been deed or title obtained by purchase. Words are supposed to mean something.

      The condition of slavery is not confined to any one political or economic system.

      Fair enough I suppose, though your example above fails to make the point.

      As someone complaining about the incorrect use of words, you should have responded with the truth rather than propaganda from the "opposite side".

      You're equally guilty then. Socialism =/= slavery. End of discussion.

    16. Re:Doubt it by rohan972 · · Score: 1

      Even then, "The State" does not own anyone: there's never been deed or title obtained by purchase.

      Throughout history many slaves have not been bought but captured. In those cases there is no deed or title obtained by purchase. Furthermore, there have been degrees and different types of slavery. Here in Australia we have had slavery convictions. From the linked article:
      Justice Cummins said they had controlled the vulnerable women with ''the ever-present shadow of a minder under the veneer of a helper'', describing the scheme as ''modern slavery, not with physical chains but with mental chains''.

      For many people ''the ever-present shadow of a minder under the veneer of a helper'' sounds like a very accurate description of socialist slavery. The fact that it is a form of slavery you are comfortable with doesn't make the word inappropriate.

      As someone complaining about the incorrect use of words, you should have responded with the truth rather than propaganda from the "opposite side".

      You're equally guilty then. Socialism =/= slavery.

      How am I guilty? You yourself said my point was fair enough. There are people that regard the government control of socialism as onerous enough to be called slavery. They are not automatically wrong or stupid just because you disagree with them, with you not being the final arbiter of truth or anything like that.

      End of discussion.

      That you want to command a discussion to end says something about your philosophy, that you issue such a "edict" on an internet discussion board says something about your intelligence.

    17. Re:Doubt it by Anonymous Coward · · Score: 0

      I wonder why pirates don't post their stolen movies on youtube?

      Stolen? You mean copied. Copying is not the same thing as stealing. That's why we have a word for it: copying.

      A better choice would be "infringing". "copying" is too general. It includes actions that are not ilegal or imoral. Which I assume is why you chose it.

    18. Re:Doubt it by chekkerness · · Score: 1

      In what way is copyright infringement immoral?

    19. Re:Doubt it by Anonymous Coward · · Score: 0

      So stealing is like when you print money out of thin air, then spend it before anyone else knows about it. Wait, who is the Fed arresting again?

  9. Re:SOPA lovers would love to take them down. by clarkkent09 · · Score: 2

    There are lots of supporters of SOPA. If you are going to declare war on them why don't you start with Teamsters and other unions (especially entertainment industry related ones) who openly supported it. Perhaps you trust them to know what's good for American jobs?

    --
    Negative moral value of force outweighs the positive value of good intentions.
  10. Are highways and public storage facilities next? by wrwetzel · · Score: 1

    Are the MPAA and RIAA next going to target highway administrators (e.g. NJ Turnpike, Garden State Parkway) to control what is carried on their roads? Are they going to target public storage facilities to control what is stored therein? Safe Harbor must be protected. And while we're at it let's protect all linking.

  11. Re:SOPA lovers would love to take them down. by Anonymous Coward · · Score: 0

    If I were American perhaps I would start with them. Since I'm not, however, that would be rather rude.

  12. Re:Are highways and public storage facilities next by clarkkent09 · · Score: 2

    They are not targeting those sites for storing but for distributing, so storage facility analogy doesn't work. A store that distributes stolen goods would be a better one.

    --
    Negative moral value of force outweighs the positive value of good intentions.
  13. Encryption everywhere... by Anonymous Coward · · Score: 1

    If you are going to use any of these sites, make sure you keep a backup somewhere under your personal control, and then encrypt the data BEFORE it is uploaded to the site. If you are going to share it, provide some means for trusted downloaders to get the key. That makes it pretty/very difficult for anyone to know exactly what was uploaded without the key - not impossible, just expensive and time-consuming.

    1. Re:Encryption everywhere... by jrminter · · Score: 2

      Uh, this is done by default with DropBox. There is a DropBox folder on each local PC. It the site just goes down, it will just stop synching. Now if the feds force them to delete local copies and then shut down, that would be a bigger problem. I think the same is true with iCloud.

    2. Re:Encryption everywhere... by ducomputergeek · · Score: 1

      But Apple already has the entertainment industry by the balls. It's called the iTunes Music Store. Every time some network or label was going to "leave" iTMS they quietly came back within a few months because their sales of online music/movies/tv shows tanked.

      --
      "The problem with socialism is eventually you run out of other people's money" - Thatcher.
    3. Re:Encryption everywhere... by Dan541 · · Score: 1

      DropBox isn't really encrypted. They hold the keys themselves and can hand your data over to the authorities.
      http://www.theregister.co.uk/2011/05/16/dropbox_ftc_not_good_enough/

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
  14. Re:Are highways and public storage facilities next by Anonymous Coward · · Score: 1

    Are the MPAA and RIAA next going to target highway administrators (e.g. NJ Turnpike, Garden State Parkway) to control what is carried on their roads? Are they going to target public storage facilities to control what is stored therein? Safe Harbor must be protected. And while we're at it let's protect all linking.

    If a public storage facility start paying people to spread illigal content from open storage boxes and profit from ensuing activity, like Megaupload paid users to post the most popular pirated movies, then yes, I do believe that storage facility will be targeted next.

  15. Safe Harbour by bpkiwi · · Score: 3, Insightful

    Megaupload was targeted because they did the absolute minimum they could to comply with the DMCA and other US legislation. It's probably true that they quietly encouraged uploading digital copies, even when they knew that material was illegal, and they were slow in taking it down. Things such as having de-duplication in place, but only removing the one specific link to a file, not removing all the copies, when a takedown notice was sent. It's those actions that will mean they might lose in court unfortunately.

    I'm sure Dotcom is hoping to get other tech companies to support his case though. Dropbox, Amazon, even Google will be asking "First they came for the dodgy upload sites .... will we say nothing and hope they don't come for us too?"

    1. Re:Safe Harbour by Anonymous Coward · · Score: 0

      Megaupload was targeted because they did the absolute minimum they could to comply with the DMCA and other US legislation.

      Why should a non-US company comply with US legislation?

      Surely US legislation is only in effect within the US, and outside the US the laws of whatever country you're in apply, right?

      Just curious how that works, the US DOJ closing down a company registered in Hong Kong.

    2. Re:Safe Harbour by Anonymous Coward · · Score: 5, Insightful

      Since when is it a crime to do the absolute minimum you can to comply with a law? Accountants get rich advising their wealthy clients and corporations on how to do exactly this.

    3. Re:Safe Harbour by Anonymous Coward · · Score: 0

      It's those actions that will mean they might lose in court unfortunately.

      Just what, exactly, would be unfortunate about that? What you describe is Megaupload NOT complying with the law, and in fact circumventing it to profit from piracy.

      I dislike big content and their complete infection of governments worldwide as much as the next guy, but I shed no tears for Megaupload and the douchebags who ran it.

    4. Re:Safe Harbour by Alan+Shutko · · Score: 4, Informative

      They had more than a thousand servers in the US, they collected money through US-based paypal from US customers for premium accounts, they made money through US-based ad networks, and they paid money to top up loaders in the US. In other words, they were doing substantial business in the US and therefore come under US law.

      Ars Technica goes into it in more detail.

    5. Re:Safe Harbour by Anonymous Coward · · Score: 0

      Why should a non-US company comply with US legislation?

      Surely US legislation is only in effect within the US, and outside the US the laws of whatever country you're in apply, right?

      Just curious how that works, the US DOJ closing down a company registered in Hong Kong.

      If a company has operations in the US, it's subject to US law. Look up "jurisdiction" if you're really that curious.

    6. Re:Safe Harbour by X.25 · · Score: 3, Insightful

      Megaupload was targeted because they did the absolute minimum they could to comply with the DMCA and other US legislation. It's probably true that they quietly encouraged uploading digital copies, even when they knew that material was illegal, and they were slow in taking it down. Things such as having de-duplication in place, but only removing the one specific link to a file, not removing all the copies, when a takedown notice was sent. It's those actions that will mean they might lose in court unfortunately.

      Did you even think before writing that nonsense?

      I recently purchased Ronald Jenkee's "Disorganized Fun" in FLAC format. I stored it on Megaupload and (protected with password), since I wanted to have a backup.

      Another guy now purchases the same album in FLAC format(from the same place, obviously), and decides to upload the whole album onto Megaupload, and share the links with the world.

      So, why exactly do you think my copy should be deleted?

    7. Re:Safe Harbour by Anonymous Coward · · Score: 3, Insightful

      It's a crime to do the absolute minimum to comply with the law when it's disadvantageous to the rich or powerful. It's a civic duty and a responsibility to do the absolute minimum to comply with the law when it's advantageous to the rich or powerful. When doing the absolute minimum to comply with the law is advantageous to some of the rich or powerful (google) and disadvantageous to some of the rich or powerful (hollywood), it's called a "rivalry" and whoever has the most powerful lobbyists get to redefine the law to make the absolute minimum to comply with the law in their favor. That is the way of things.

    8. Re:Safe Harbour by zippthorne · · Score: 4, Interesting

      It's not. But it might be a crime to do the absolute minimum you can to appear to be in compliance with the law, while actually failing to meet the minimum required to actually comply...

      --
      Can you be Even More Awesome?!
    9. Re:Safe Harbour by Ihmhi · · Score: 2

      Megaupload was targeted because they did the absolute minimum they could to comply with the DMCA and other US legislation.

      Doing the "bare minimum" translates to "in full compliance". Why go above and beyond to meet requirements that are going to cost you money and nothing else?

      only removing the one specific link to a file, not removing all the copies, when a takedown notice was sent.

      Does the DMCA state that you have to remove the one linked file or all copies?

      It just seems like the powers that be were more pissed that MU found a way to follow the system (to the letter) and still basically infringe and turn a ridiculous profit. They didn't want to invest the resources in holding up their end of the DMCA (sending out takedown notices) so they just decided to pay off the government.

    10. Re:Safe Harbour by bpkiwi · · Score: 2

      I agree, it absolutely should not be. But you have to admit, that's what it is basically coming down to now. This is why it will be interesting to see what other companies such as Rapidshare and Dropbox do in response to this case. As it stands, the content industry is pushing the line that you must proactively assist them, and prefer their interests over your customers.

      I predict a big loss here for MU, while the other companies whistle and look the other way. But I could be wrong, maybe given the increased tension over SOPA/PIPPA some of the tech giants will realize they need to stop bowing to the wishes of the relatively small media industry.

    11. Re:Safe Harbour by Ihmhi · · Score: 3, Insightful

      Just curious how that works, the US DOJ closing down a company registered in Hong Kong.

      Their logic was that the company had assets in the US (servers) and therefore that gave them jurisdiction over the whole operation. It remains to be seen whether or not this will hold up in court.

    12. Re:Safe Harbour by Anonymous Coward · · Score: 0

      So, why exactly do you think my copy should be deleted?

      Because you're an idiot who was using a shady file sharing site as a BACKUP SERVICE?

    13. Re:Safe Harbour by Anonymous Coward · · Score: 1

      Megaupload was targeted because they did the absolute minimum they could to comply with the DMCA and other US legislation.

      Well, bpkiwi, let's see what happens when you file your tax return. I hope that you won't try and pay the absolute minimum you can to comply with the local tax legislation?

    14. Re:Safe Harbour by Anonymous Coward · · Score: 0

      So, does this mean we can start rounding up corporate executives and sellout politicians now? Oh right...

    15. Re:Safe Harbour by the+eric+conspiracy · · Score: 2

      Mr. Dotcom isn't a guy I'd want to be defending. He's got a long record of making decisions based on what he thinks he can get away with vs. what is legal.

    16. Re:Safe Harbour by SmilingBoy · · Score: 1

      I recently purchased Ronald Jenkee's "Disorganized Fun" in FLAC format. I stored it on Megaupload and (protected with password), since I wanted to have a backup.

      Another guy now purchases the same album in FLAC format(from the same place, obviously), and decides to upload the whole album onto Megaupload, and share the links with the world.

      So, why exactly do you think my copy should be deleted?

      It shouldn't be because you password protected it. Unless you use the same password and the same encryption scheme, the MD5 would have been different. Interesting question though if you had not encrypted the file, and it had the same MD5; since when using it as a backup, you did not share the URL to the file. However, it should be noted that Megaupload was a very bad backup service since they deleted files that were not downloaded regularly

    17. Re:Safe Harbour by Anonymous Coward · · Score: 0

      For money collection and ad networks, what choice did they have other than the US ones? I got the impression they were pretty much unavoidable.

    18. Re:Safe Harbour by Anonymous Coward · · Score: 0

      Have you considered who he is up against? But yeah, if you did defend him it could easily be used against you.

    19. Re:Safe Harbour by Anonymous Coward · · Score: 0

      "The site had leased more than 1,000 servers in North America alone; 525 were at Carpathia Hosting and were located in Virginia. Between 2007 and 2010, Carpathia received $13 million from Megaupload."

      In related news, Carpathia hosting soon to announce layoffs at their Virginia hosting facility, due to decreased revenue outlook.

    20. Re:Safe Harbour by pinkeen · · Score: 1

      That's the company. What about the people behind it?

    21. Re:Safe Harbour by ScentCone · · Score: 1

      Except none of that matters, and you know it, because it doesn't apply in this case. MU wasn't doing the minimum required by the law ... they were actively and profitably engaged in deliberately breaking the law. They lied, on purpose, about their actions in meeting the law's requirements. Their compliance process was a placebo, taking down a link or two, while maintaining hundreds or thousands more pointing to the same file. All of your deliberate off-topic ranting is beside the point, and you know it, which shows just how wrong you know you are.

      --
      Don't disappoint your bird dog. Go to the range.
    22. Re:Safe Harbour by CAIMLAS · · Score: 1

      they did the absolute minimum they could to comply with the DMCA and other US legislation

      And by driving 55 in a 55 mile per hour zone, I am doing the absolute minimum I can to comply with traffic laws. (Is this supposed to be a ding against them?)

      Things such as having de-duplication in place, but only removing the one specific link to a file, not removing all the copies

      Yet, there is a legitimate reason to do this, too. What if a claim is made, and I want to confirm before storage removal that it was, in fact, in violation? (Can shitty programming also be a valid reason to arrest someone or seize their property?)

      The game changes if they really were encouraging illegal content. I don't care if they mention movies or songs: I can offer a legal, legitimate service doing the same with no intention of violating or encouraging the violation of copyright.

      There really needs to be something substantial and flagrant in their violations to justify what was done. Unfortunately for everyone, I suspect this won't actually be proven, it'll be a kangaroo court, and the livelihood of many people will be destroyed.

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    23. Re:Safe Harbour by Anonymous Coward · · Score: 0

      MU wasn't doing the minimum required by the law ... they were actively and profitably engaged in deliberately breaking the law. They lied, on purpose, about their actions in meeting the law's requirements. Their compliance process was a placebo, taking down a link or two, while maintaining hundreds or thousands more pointing to the same file.

      Pirates were uploading hundreds or thousands of copies of the same file just to generate a handful of links? Really? Uh, yea, no. I'm pretty sure that's an example of people legitimately using Megaupload as a backup service and Megaupload retaining a link to the file in question and possibly password protected instead of letting one or two pirates ruining the backup service for everyone.

      No, the most damning thing is the Red Flags aspect of the DMCA and the issue of them giving cash or other rewards for "popular movies" and how the sounds like the Red Flags of commercial movies. But, who knows. Maybe Megaupload was focusing on the amateur porn market.

    24. Re:Safe Harbour by cheekyjohnson · · Score: 1

      And? That doesn't mean that he's always in the 'wrong'.

      --
      Filthy, filthy copyrapists!
    25. Re:Safe Harbour by Anonymous Coward · · Score: 0

      Moreover, let's extend this and say Ronald Jenkees decides to use Megaupload as his backup or distribution method? Should his copies of his own music also be deleted when he sends a DMCA notice to Megaupload to take down the links from other users infringing on his copyright?

    26. Re:Safe Harbour by Anonymous Coward · · Score: 0

      Sure. And we have courts to determine whether this is actually what happened. Courts which, in this case, were bypassed.

    27. Re:Safe Harbour by Anonymous Coward · · Score: 0

      I'm more worried about the US getting New Zealand to arrest a non-US citizen by sending in the police and dragging them out of a panic room. Damn, MPAA should have just claimed Osama Bin Laden had pirated music - it wouldn't have taken 10 years to find him.

    28. Re:Safe Harbour by Anonymous Coward · · Score: 0

      If it does hold up in court, all that will happen is no multinational business will have a satellite in the USA going forward. See Venezuela for more of what's to come.

    29. Re:Safe Harbour by Anonymous Coward · · Score: 0

      There really needs to be something substantial and flagrant in their violations to justify what was done. Unfortunately for everyone, I suspect this won't actually be proven, it'll be a kangaroo court, and the livelihood of many people will be destroyed.

      Have you read the indictment?

      it quotes emails from premium subscribers who were angry at copyrighted material (movies, tv shows, ...) having been taken down. MU customer support helps them by pointing them to sites where they can find links to more copyright-protected material stored on MU.

      Another important point is that links to copyright-protected material was removed from MU's own search listing and it's "top 100" list (without getting deleted) which indicates MU was aware of its existence on their servers (and of it being linked/searchable via 3rd party websites) but chose to hide it from plain sight and not to remove it.

    30. Re:Safe Harbour by Anonymous Coward · · Score: 0

      Apparently US Immigration and Customs Enforcement say that having a .com address is enough to bring you under US jurisdiction. Last three paragraphs.

      In other words: we will impose our corporatist justice system on any citizen of any friendly country. It's time for the rest of the developed world to stop being friendly to the USA.

    31. Re:Safe Harbour by Maclir · · Score: 1

      And what about that US law (its called the Constitution) which states:

      No person ... be deprived of life, liberty, or property, without due process of law;

      "Due process" generally involves a court of law, where the prosecution has put put their case, and is subject to cross examination - none of that took places, as required by US law.

    32. Re:Safe Harbour by adolf · · Score: 1

      But it might be a crime to do the absolute minimum you can to appear to be in compliance with the law, while actually failing to meet the minimum required to actually comply...

      Right. So, in other words: It's illegal to commit a crime.

      I find myself utterly wrecked by this new and profound observation.

      Thank you for your insight. You are a gifted and talented person whose grasp of obviousness is unmatched.

  16. No subject. by Anonymous Coward · · Score: 0

    Apologies for the spam but since this is related (for the most part) to the article, this video needs to be seen by as many people as humanly possible.

    ---- Mega Upload Dangerous Secrets affect YOU, Mike Mozart JeepersMedia ACTA / PIPA / SOPA ---
    http://www.youtube.com/watch?v=-tD1yaE0 ... AAAAAAAAAA

    Please spread this to as many websites/forums as you can as this affects YOU!

    1. Re:No subject. by Anonymous Coward · · Score: 0

      Broken link, here is the corrected one:

      http://www.youtube.com/watch?v=-tD1yaE0GfQ&feature=g-logo&context=G2ffe35dFOAAAAAAACAA

      Now go and get the word out!!!

  17. Re:Are highways and public storage facilities next by wrwetzel · · Score: 1

    Good point.

  18. Re:Rapidshare maybe, Dropbox definitly not by Anonymous Coward · · Score: 1

    Good try with affiliate link. Let us know how well you do ;)

  19. Re:SOPA lovers would love to take them down. by cgenman · · Score: 5, Insightful

    I support the core idea of SOPA while opposing the bill, and I suspect many others do too. If you don't read the damned thing, SOPA sounds like "let's reduce the rampant unchecked piracy online." Sure, that's great. There are many reasons why people should have to really look if they want a pirated copy of The Hangover 2.

    BUT: it's all the details that make SOPA / ProIP terrible ideas. Taking down sites on suspicion without a proper day in court is a TERRIBLE idea. We already have examples of legitimate sites caught in the crossfire, who never had due process before being destroyed. Breaking our DNS is a TERRIBLE idea. Giving law enforcement powers to US Companies is a TERRIBLE idea. And all of this is to take power away from our courts, bypassing what they can already do anyway. Oh, let's not forget that the distinction between a "US" site and a "foreign" site is ill-defined.

    I'm sure there are many intelligent people who support the idea of reducing online piracy. I just wish they had read the bill.

  20. HD porn by Anonymous Coward · · Score: 0

    How am I suppose to download free HD porn without a site like megaupload?

  21. Re:SOPA lovers would love to take them down. by Anonymous Coward · · Score: 1

    Bullshit - all the people from other countries who keep claiming that this is a U.S. issue are just burying your heads in the sand. Start standing up for global rights already before it's too late.

  22. Do they filter your private content like Microsoft by Anonymous Coward · · Score: 0

    Then I guess they won't have problems.
    (try placing a picture of a nude person in your private folder on skydrive and see what happens)

  23. Notable copyrighted works by tepples · · Score: 1

    Then allow me to rephrase: "they pander for uploads of notable copyrighted material." In this market, notable copyrighted works are predominantly non-free. There are a few exceptions, most notably free software and Wikipedia, but these are nowhere near the majority of the works uploaded to sites under the pay-for-popular-downloads program.

    1. Re:Notable copyrighted works by Anonymous Coward · · Score: 0

      Then allow me to rephrase: "they pander for uploads of notable copyrighted material."

      I'm the original AC -- thanks for the update!

    2. Re:Notable copyrighted works by jhecht · · Score: 1

      And Scribd does not screen out material containing obvious copyright credit lines. Pick a book from your collection (paper or ebook) and find the copyright credit line. It usually starts "all rights reserved" and includes the name of the publisher. Search for the whole phrase. When I did that this morning, the top three hits were for content posted on Scribd.

    3. Re:Notable copyrighted works by Mathinker · · Score: 1

      Scribd cannot magically know if the uploader is the rightsholder, and authorized agent of the rightsholder, or an infringer. That is, until someone else, claiming to be the rightsholder, asks for a DMCA takedown.

      Ever heard of dajaz1 ?

  24. Simlish lyrics about poop by tepples · · Score: 1

    Jazz singers are really singing about going poop?

    1. Re:Simlish lyrics about poop by Anonymous Coward · · Score: 0

      you have no clue what he just said

    2. Re:Simlish lyrics about poop by Thing+1 · · Score: 1

      I like the idea of a scatological researcher relaxing to some bee-bop-a-doo-whop-zam-bing-bow in its off hours.

      --
      I feel fantastic, and I'm still alive.
    3. Re:Simlish lyrics about poop by drosboro · · Score: 1

      What did YOU think it was about?

      Bah doo n doo n doo dot... dool-ya dot vah skwee-dot?

      Clearly fecal.

    4. Re:Simlish lyrics about poop by Anonymous Coward · · Score: 0

      Strangely enough, I recently was enlightened to what scat singing was. Years of uncomfortable fidgeting every time "Scat Man" came on the air for nothing.

  25. Forget services, what about users? by gmuslera · · Score: 2

    How you prove that you don't have copyrighted content? Giving access to all private files and show that there is no private content there. They could require that kind of services that they get full access to the files, and the information about their users.

    Probably they have a copyright on the phrase "who watches the watchers" so will end closing any media that dares to complain about the abuses that this kind of policy will enable them to do.

    1. Re:Forget services, what about users? by cowboy76Spain · · Score: 2

      Ooooh...

      Maybe the distinction between having copyrighted contend and publicly offering (and asking for) copyrighted content over the internet is too subtle for some minds here in /.

      --
      Why can't /. have a rich-text editor? Editing your own HTML is so XXth century.
  26. Cryptomnesia by tepples · · Score: 1

    If I make a work, copyright it, and share it freely expecting / allowing others to do so, we're sharing copyrighted works legally.

    Not if you end up discovering later that your work is substantially similar to an existing non-free copyrighted work.

    1. Re:Cryptomnesia by AmiMoJo · · Score: 1

      You mean like 90% of the crap big media churns out?

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    2. Re:Cryptomnesia by tepples · · Score: 1

      Unless (conspiracy theory here) big media has standing cross-licenses such that they'll sue someone outside the cartel first.

  27. Re:SOPA lovers would love to take them down. by Lehk228 · · Score: 1

    There are many huge corporations which spent good money to try to push through SOPA and here you are hurrsterbating over a Union which supported it, combined with your derptastic sig you must be nothing more than a right wing bootlicker.

    --
    Snowden and Manning are heroes.
  28. Stealing ideas by tepples · · Score: 1

    Not RIAA or MPAA, but Konami sued Roxor for patent infringement for making an arrow stomping game. Now patent infringement is not copyright infringement, but the SOPA and PROTECTIP proposals cover both. Within copyright, The Tetris Company has sued Biosocia, developer of a game with original graphics but the same rules as Tetris, despite that game rules can't be copyrighted (US Copyright Office form letter, citing 17 USC 102(b)). Both cases ended up settling out of court. And within the music industry, see Bright Tunes Music v. Harrisongs Music and Three Boys Music v. Michael Bolton, successful lawsuits over accidental copying.

  29. Royalties for Shakespeare? by tepples · · Score: 1

    Don't you think its a little bit abusive to not allow the original content creators and artists to determine themselves the terms of the trade?

    Let's bisect this policy debate: start by taking the idea to an extreme and working in from there. Do you think William Shakespeare's heirs and John Milton's heirs should still be collecting royalties?

    1. Re:Royalties for Shakespeare? by Oakey · · Score: 1

      No because everyone knows Edward De Vere wrote those plays, did you not see the documentary 'Anonymous'?

      --
      "Dre don't get as high as me.... I'm Cheech and Chong" - Snoop Dogg
  30. Re:Are highways and public storage facilities next by betterunixthanunix · · Score: 2

    A store that distributes stolen goods would be a better one.

    No, such a store would be charged with crimes related to theft:

    http://www.redding.com/news/2011/jan/21/redding-motorcycle-owner-arrested-chop-shop-charge/

    Garyâ(TM)s Motorcycle Services Center owner Gary William Kenerson, 61, was arrested Thursday on drug- and theft-related charges.

    On the other hand, Megaupload was charged with:

    1. Conspiracy to commit racketeering
    2. Conspiracy to commit copyright infringement
    3. Conspiracy to commit money laundering
    4. Criminal copyright infringement
    5. Criminal copyright infringement by electronic means

    As anyone who bothered to read the actual indictment would have known:

    http://www.scribd.com/doc/78786408/Mega-Indictment

    --
    Palm trees and 8
  31. iCloud? by Anonymous Coward · · Score: 0

    I'm going out on a limb and guessing that's hosted by apple? Do you honestly think the feds are going to even so much as TRY to bust apple for anything?

  32. Re:SOPA lovers would love to take them down. by Anonymous Coward · · Score: 0, Troll

    Uh... I don't support the core idea of SOPA at all. Because the core idea there is this: Lets make new laws to cover events we've already got laws to handle, but this one lets us do it with less abuse prevention baked in.

    The core idea is not to make society better by reducing the harm done by piracy. Because the harm done by piracy is ... pretty fucking close to zero. The media companies have ... really only themselves and that crazy competition nonsense to blame. The amount of available media is so staggering and is growing so much that nobody is going to be buying a notable percentage of it. There are those who just won't buy, can't buy, and those who can't buy everything they have. Those who won't, won't even when there isn't anything to pirate. Those who can't, won't even when there isn't anything to pirate. And those who can't buy everything, still won't be buying the things they weren't buying. New media will come out and they'll go after the new stuff, not the older releases that didn't make the cut before.

    The harm done by rampant unchecked government is staggeringly high (hyperbole, it works both ways). First, its expensive. Second, if politicians wanted to make society better, they'd get the boot heel off everybody's throat. Cure is worse than the disease. Piracy is just a fact of internet life. Like shoplifting is a fact of retail life. We don't have laws letting police go bashing in doors of shoplifters just because some twit says 'yep, that's the guy. ..Maybe. We don't need due process for this, right guys?' Shoplifting is more damaging than piracy. Yet we get laws that are far more aggressive against piracy than shoplifting..

  33. Newzbin .onion Tor hidden service by Anonymous Coward · · Score: 0

    I wonder if they'll shut this one down, too? Or is it a fake frontended honeypot?

    Newzbin / Newsbin
    http://sc3njt2i2j4fvqa3.onion/

  34. no. not at all by Anonymous Coward · · Score: 0

    if we had a court system that did what it actually is supposed to, the answer would be no. Now we have to wait multiple years for it to get to that point, thanks to the DOJ.

  35. Big brother wants the key by Anonymous Coward · · Score: 0

    Dropbox, iCloud, Facebook, and virtually every other US-based service will drop their trousers for the FBI or the RIAA and give them full access to your files, no questions asked. MegaUpload didn't. The people controlling the US economy (and government) won't be happy with any company that doesn't give them a backdoor.

    1. Re:Big brother wants the key by BiggerIsBetter · · Score: 1

      Dropbox, iCloud, Facebook, and virtually every other US-based service will drop their trousers for the FBI or the RIAA and give them full access to your files, no questions asked. MegaUpload didn't. The people controlling the US economy (and government) won't be happy with any company that doesn't give them a backdoor.

      Not just your files. If they have that and they have access to account information - and they do now that they've seized MegaUpload's assets - then they know who you are and what you've been uploading and downloading. Perhaps you will be the next target for extradition or arrest at the border.

      I have to wonder if that was the real intent of this take-down. Not to take MegaUpload offline, but to tell the world that Hollywood Pwns j00 and your government. That nowhere is safe from their reach.

      So if the move was intended to strike fear in to the hearts of computer geeks everywhere they may be surprised to find intense anger instead. Perhaps we're on the brink of the first true digital war.

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    2. Re:Big brother wants the key by Anonymous Coward · · Score: 0

      The people controlling the US economy (and government) won't be happy with any company that doesn't give them a backdoor.

      Now I understand why Microsoft is for gay marriage!

  36. Re:Doubt it + Obligatory Reddit link by Twinbee · · Score: 2, Informative
    That's odd, because what you said is at opposites with this post from Reddit: http://www.reddit.com/r/technology/comments/onplj/feds_shut_down_megaupload/c3imzoj

    I'm a DMCA agent and this may well make my job harder. Megauploads was incredible with their response time to DMCA notices. There are a lot of other sites out there, like Oron.com, that straight up ignore them, and many more that take quite a lot longer. It's absolutely absurd that they'd go after Megauploads.

    Here's the full list of Reddit comments relating to that topic: http://www.reddit.com/r/technology/comments/onplj/feds_shut_down_megaupload/

    --
    Why OpalCalc is the best Windows calc
  37. Move the servers by DKirk · · Score: 0

    Why not move the servers out of the US and somewhere abroad where this nonsense won't reach them?

    1. Re:Move the servers by Anonymous Coward · · Score: 0

      Rapidshare is in Switzerland. See: https://www.rapidshare.com/#!rsag_contact

  38. Justice for some. by ibutsu · · Score: 1

    I read the indictment, one aspect I found interesting were the emails that referenced their attempts at ripping all of youtube for megavideo. I was under the assumption that all of those videos are protected by copyright. Why is the DOJ not charging them with the willful copyright infringement of each and every video that was ripped from youtube and broadcast on MegaVideo? It seems clear to me the DOJ is only interested in protecting the copyright of the big businesses, those youtube users don't matter.

  39. uploaded.to already pulled by Anonymous Coward · · Score: 4, Interesting

    I use uploaded.to to serve my 100% legal firmware files, and yesterday when I checked my account the service is now not offered in the USA. I'm guessing most of the other similar file sharing services will follow suit soon.

    1. Re:uploaded.to already pulled by symbolset · · Score: 3, Informative

      Fortunately you don't have to be connecting from the US if you don't want to be.

      --
      Help stamp out iliturcy.
    2. Re:uploaded.to already pulled by xenobyte · · Score: 1

      That's exactly what I predicted would happen if the US continued to enforce their laws outside their borders. International companies will just stop doing business in the US because then US law cannot in any way be relevant or enforced. The result: Isolation of USA and an increasing network divide.

      --
      "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
    3. Re:uploaded.to already pulled by Anonymous Coward · · Score: 0

      i see they accept bitcoin as a payment option... hopefully if they ever do get shut down, the owners are smart enough to keep some of their wealth in a wallet.dat instead of in luxury cars.

  40. Re:Doubt it + Obligatory Reddit link by coryking · · Score: 4, Interesting

    Here's the full list of Reddit comments relating to that topic:
    http://www.reddit.com/r/technology/comments/onplj/feds_shut_down_megaupload/

    God help us when people cite reddit as a source of truth.

  41. Now that's a stretch, buddy by msobkow · · Score: 1

    That's as stupid as the argument that iPod and MP3 player owners in Canada should pay a levy on their devices because they store music. It's not the same as the CD levy, where once burned, the music is PERMANENT.

    --
    I do not fail; I succeed at finding out what does not work.
    1. Re:Now that's a stretch, buddy by Thing+1 · · Score: 2

      Nothing is permanent. (Except, to paraphrase Einstein, human stupidity...)

      --
      I feel fantastic, and I'm still alive.
  42. The answer is obvious by dFaust · · Score: 3, Funny

    Going after services like Dropbox, iCould, and S3 is clearly the correct approach. Shutter every one of them, once and for all! Storage is not a [pick your god or lack thereof] given right. You know who stores things? Terrorists. Have you ever been in The Container Store? It reeks of death and conspiracy.

  43. Re:SOPA lovers would love to take them down. by airfoobar · · Score: 1

    I support the core idea of SOPA while opposing the bill, and I suspect many others do too. If you don't read the damned thing, SOPA sounds like "let's reduce the rampant unchecked piracy online."

    But why would reducing piracy be a good thing? Because the RIAA and MPAA lobbies are claiming trillions of dollars in imaginary losses? How can they be reporting record profits at the same time?

    The fact is, piracy has been reduced to an emotional issue, where the beneficiaries of these laws claim ridiculous losses and lobby legislators for more regulations to "save the starving artists". SOPA, PIPA, ProIP, the DMCA and every other copyright law of recent years were flawed from the get-go, as they were based on shaky, emotional assumptions, not evidence of a real problem. But heck, I'm still waiting for evidence that the copyright monopoly itself is a net positive to society, let alone its various overreaching extensions.

  44. Re:Doubt it + Obligatory Reddit link by Twinbee · · Score: 1

    And God help us even more, when that knowledge turns out to be more truthful than a Slashdot post which also doesn't cite any reliable sources. For the record, that post isn't the only place I've heard that Megaupload was very good with this kind of thing. Yes far from proof, but one has to be careful.

    On a related note, I've heard in two different places with one place saying that vast majority of stuff on Megaupload was perfectly legal personal storage stuff, and another place saying the vast majority is pirate stuff. It's pretty hard to know what to believe even with the whole internet at one's fingertips.

    --
    Why OpalCalc is the best Windows calc
  45. Re:Are highways and public storage facilities next by Needlzor · · Score: 1

    Your analogy is good for most hosting sites but doesn't work for Megaupload. I hate to cite reddit as a source but this guy did a pretty good summary of why MU was shut down. I think the others are quite safe for now.

  46. Re:SOPA lovers would love to take them down. by betterunixthanunix · · Score: 3, Insightful

    If you don't read the damned thing, SOPA sounds like "let's reduce the rampant unchecked piracy online." Sure, that's great

    That does not sound too great if you spend more than 10 seconds thinking about the situation. Let me make one think perfectly clear: most people never have and never will take copyrights seriously.

    In life, there are laws which do not stem from the moral zeitgeist but which still affect everyone. I doubt that anyone seriously thinks it is morally questionable to park their car in the wrong place; it is illegal, sure, but not immoral. When people violate these sorts of laws, we write them a ticket and that is that -- because drawn out court proceedings over parking spaces not only sound absurd but are also a complete waste of judicial resources.

    Unlike parking violations, copyright cases must be heard in court. A judge needs to decide if a particular use of a copyrighted work was illegal or protected by the fair use doctrine. This was once a perfectly reasonable way to handle things: only industrial operations could violate a copyright, and industrial operations can be expected to be rare enough and well funded enough to argue cases before a court. Lots of people have cars and therefore lots of people park illegally; before the mid seventies, very few people had copying equipment.

    These days it is more common to own a computer, which can be turned into a rapid copying machine, than it is to own a car. The proper response would be to either change copyright law so that people receive tickets when the copy things illegally, or to throw copyrights out entirely and come up with a new system for promoting access to science and useful arts. For some reason, though, we are sitting here talking about how terrible it is that people are "stealing" movies.

    Copyrights are not part of the moral zeitgeist and they never will be; whether or not a copyright is being violated is far too complex for it to ever be a moral issue (contrast with murder, which is usually easy to decide), and far to complex to expect people to think about in the course of living their day-to-day lives. The "Happy Birthday" song is copyrighted; practically everyone in America has sang it many times, without paying royalties and without bothering to check to see if there is a copyright on it. People still view copyright as an area law that relates to businesses and industrial operations, which is why supporters of SOPA have pointed to businesses rather than community-run forums and torrent trackers.

    My view is that copyrights are dead; it is impossible to prevent copyright infringement or even curtail it without violating our civil rights. Copyright in the 21st century is simply not compatible with democracy or human rights. Attempts to save copyright will inevitably lead to censorship, police states, and the end of the justice system that protects us from government abuses. Some may disagree, but I say that rather than save an old, dying industry from going the way of the stagecoach driving business, we should be working on new ways to promote science and art.

    --
    Palm trees and 8
  47. No mention of Kim? wow. by Anonymous Coward · · Score: 0

    I think as long as Kim Schmitz isn't involved the other companies should be fairly safe. Can't believe anyone trusted him with their money. Though I suppose it's kim dotcom now not schmitz.

    I personally can't wait to hear about the electronic countermeasures he was hiding behind in his home....

  48. All that matters is that I worry. by rbrander · · Score: 3, Interesting

    All I know is that it seems very likely to me that nothing in the cloud is private; that abrogation of privacy to chase terrorists (remember pre-9/11 when the excuse was always "child porn"? You don't hear it as much recently because they have the magic word "terrorist" to brut about now) has always been extended to snoop into other things, and that a site can be taken down on accusations alone, and for an indefinite time that may stretch into years, even if found innocent.

    I just can't handle ANY cloud storage in that environment, unless the files are mere backup or otherwise not valuable. That still leaves a lot of business - at work, we store multiple Terabytes on a cloud service, because we have another copy and because they wouldn't be that "expensive" to lose. But anybody who imagines that "everything is moving to the cloud" feels to me like storing it at the NSA with a sign on the box saying "fishing expeditions encouraged!"

    If my attitude bothers those who hope to be the next round of billionaires from the Great Move To The Clouds, they know where to lobby.

    That's what we're reduced to, at this point - with no meaningful effect on political outcomes possible for individuals, we must plead for an industry lobby to be on our side.

    1. Re:All that matters is that I worry. by Qzukk · · Score: 4, Informative

      when the excuse was always "child porn"? You don't hear it as much recently because they have the magic word "terrorist" to brut about now

      Nah, they just shout loudly about terrorism to distract you while they quietly pass the "think of the children" laws like the "Protecting Children From Internet Pornographers Act of 2011"

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
  49. .com is US by Colin+Smith · · Score: 1

    It wouldn't matter where the servers are.

    --
    Deleted
    1. Re:.com is US by PPH · · Score: 1

      Still reachable by IP address. Or using a DNS service located outside US jurisdiction.

      --
      Have gnu, will travel.
  50. And megaupload's legitimate clients? by Colin+Smith · · Score: 2

    Get screwed as well.

    One or two minor teething niggles with cloud services.
     

    --
    Deleted
    1. Re:And megaupload's legitimate clients? by Fned · · Score: 1

      niggles

      Dude!

      It's "Nitpickan Americans" now.

  51. Re:SOPA lovers would love to take them down. by wanzeo · · Score: 1

    It is an unsolvable situation.

    For digital entertainment to be sucessful, people can't pirate.

    For the internet to be a open and free, piracy must be possible.

    I would really like to see pre paid entertainment work, something like Kickstarter where people can raise production costs in advance with a promise to make the work public domain after it is complete.

  52. Re:SOPA lovers would love to take them down. by Anonymous Coward · · Score: 0

    I doubt that anyone seriously thinks it is morally questionable to park their car in the wrong place

    Parking violations can be immoral under some circumstances. For example, parking in front of a hospital in such a manor that it would delay an ambulance from delivering a patient.

  53. Re:SOPA lovers would love to take them down. by Anonymous Coward · · Score: 0

    One thing that SOPA could do that previous laws can't is take down a site like the Pirate Bay. It doesn't have any kind of presence in the US. SOPA could allow the US government to take down or block access to a website like that. As well as any other website they wanted.

  54. Re:Doubt it + Obligatory Reddit link by jrumney · · Score: 1

    God help us when people cite reddit as a source of truth.

    But it says it's from a DMCA agent, doesn't that make it illegal not to believe it?

  55. The Beginning of the End? by Anonymous Coward · · Score: 2, Interesting

    The more long range question is this - is this the beginning of the end of the "cloud"? As a business, can you afford to do everything on the cloud? Think of the implications. Much like the SOPA argument, if you are a rival business and I know you store your entire business on the cloud (after all, local storage is so 20th century), well, let me get some folks to store some copyrighted files on the same cloud service you use. A few well placed calls to the DoJ and the cloud service is shut down - and you are out of business. Even if the cloud service 'wins' in court 6 months to a year later - you and your business are through! Pretty convenient, eh?

    How's that cloud looking now?

    1. Re:The Beginning of the End? by sourcerror · · Score: 1

      You're pointing out an important thing:
      - how fast does a cloud service provider have to respond to a DMCA?
      - how to manage to respond to a lot of DMCA requsets in a cost efficient manner?

  56. Who is this "Freecoder" guy? Is he from MAFIAA ? by Taco+Cowboy · · Score: 1

    Just read what this "Freecoder" has been writing in this thread

    I'd bet this guy is from MAFIAA, or similar thuggery groups

    --
    Muchas Gracias, Señor Edward Snowden !
  57. Re:SideReel by TaoPhoenix · · Score: 1

    SideReel might be a honeypot.

    The only time I visited them, I got a Copyright Infringement Letter via my ISP about three days later. That chilled me to the bone.

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  58. Rapidshare is in Switzerland! by Anonymous Coward · · Score: 0

    Rapidshare is not in the U.S. nor in Germany. It's in Switzerland! See: https://www.rapidshare.com/#!rsag_contact

    1. Re:Rapidshare is in Switzerland! by xenobyte · · Score: 2

      And MegaUpload was in Hong Kong... This protection of operating outside the US only works if both servers and actual people (CEO etc.) are in countries not in the pocket of US law enforcement.

      From MegaUpload we can learn that some countries are puppets of the US authorities doing their beck and call. If you're Rapidshare or any of the others, you better find out if your country is one of them - and move if necessary!

      --
      "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
  59. Banks by Wolfling1 · · Score: 2

    Any bank with a 'safe deposit box' service that could be used to store stolen property should be shut down.

    Actually, the company that owns the building they're in should be compelled to seal its doors, and the local council should be compelled to close the street.

    Oh, and the phone company should be compelled to remove them from all the phone books.

    There. That ought to do it.

  60. They should ALL worry by nurb432 · · Score: 2

    Even Google ( googledocs ) and Microsoft ( skydrive ) will let you publish your documents to the 'public', which is no different than what mega was doing.

    Even my hosting provider lets me share files.

    --
    ---- Booth was a patriot ----
  61. The problem is... by eWarz · · Score: 1

    You guys don't seem to get why Mega Upload was shut down in the first place. It wasn't that they were hosting pirated content, it was that the employees of the company knew about it and even encouraged it. The DMCA has a safe harbor provision for sites like drop box, etc.

    1. Re:The problem is... by X.25 · · Score: 2

      You guys don't seem to get why Mega Upload was shut down in the first place. It wasn't that they were hosting pirated content, it was that the employees of the company knew about it and even encouraged it. The DMCA has a safe harbor provision for sites like drop box, etc.

      Would you say that hosting providers' executives know that dedicated servers they provide are bring used to pirate copyrighted content?

      Would you say that ISPs' executives know that service which they provide to millions of users is being used to illegally upload/download copyrighted content? And not only that - those same executives keep giving people more speed to do it, every few months/years (depending on where you live).

      Why are those people not arrested for knowingly enabling users to pirate copyrighted content? Oh wait, service provider is not responsible for users' action.

      All of those executives are aware of what their services are used for. Yet, none of them react to it.

      Why is Mega so different? Because authorities are trying to paint a dirty picture, and concentrate more on 'personality' of the owner, rather on the actual business/service?

      Pathetic.

    2. Re:The problem is... by gl4ss · · Score: 1

      *Why is Mega so different? Because authorities are trying to paint a dirty picture, and concentrate more on 'personality' of the owner, rather on the actual business/service?*

      the difference is that it was leaking real money to outside of usa, doh.

      --
      world was created 5 seconds before this post as it is.
  62. Yes, and it is scary. by GiMP · · Score: 1

    Companies should worry because the Safe Harbor provisions were denied to MegaUpload based in part on their use of deduplication.

    MU was denied safe harbour because they "did not comply" by using deduplication (!!!), by profiteering, and through employee misconduct.

    Services such as MegaUpload and Dropbox should protect their customer's data from their own employees. Clearly, stuff like this gets abused all the time - which I feel should result in penalties for those employees, and potentially fines for the company, but it shouldn't destroy the business. Look at how HIPAA violations are handled in hospitals, for instance. Finding examples of employees fired for HIPAA violations over Google is pretty easy, but I don't see many, if any, hospitals that have been shut down for these problems.

    All of these problems apply to services like S3 and Dropbox. Don't believe for a second that there hasn't been *someone* at Amazon or Dropbox that hasn't broken the rules. They're good rules, and there might even be enforcement, but, "rules are made to be broken". I've been in the hosting business for over a decade and while I haven't ever broken these rules, I know they're broken all the time.

    What we need to take away from this is that:
    1) Deduplication, at least in a hosted-services context, should be avoided until we see the results of these trials.
    2) Companies need to better police their employees for misconduct with zero-tolerance policies.
    3) The law needs to be *loosened* so that hosting/cloud companies can continue to operate, because right now, services like Dropbox and AWS S3 are are immense risk.

    1. Re:Yes, and it is scary. by Anonymous Coward · · Score: 0

      Did you actually read the indictment?

      None of these problems apply to Amazon S3 or any other legitimate service. These problems only apply to scammers that want to monetize the warez scene.

      What we need take away from this is that most of the people that post in forums on the Internet are bunch of morons.

  63. Counter-notification by tepples · · Score: 1

    You purposely delete all but one link to the file, so that it stays in the system

    The service provider needs that one link so that it can put the file back up two weeks after receiving a valid counter-notification.

  64. Information location tools by tepples · · Score: 1

    In my non-lawyer understanding, that fact makes DMCA take-downs bogus since the studio does, in fact, NOT own the copyright to Avatar_screen_rip.torrent

    A torrent file could be considered not unlike a listing in a directory or search engine. Such information location tools are subject to the OCILLA takedown procedure in the same way that hosting providers are, according to 17 USC 512(d).

    does a site that hosts torrent files but does not contain a tracker (i.e. all the torrents are DHT or use a 3rd party tracker) still subject to this nonsense?

    Then the announce URL of the third-party tracker or the key for the DHT is not unlike the URL in a Google search result.

  65. here's my non-infornative post by musixman · · Score: 1

    I stored zip'd photos of my kids in the "cloud" or megaupload & I paid for the premium service to keep them safe. Now what? I never stole, borrowed, copied or viewed anything illegal or even knew it existed on the site to be honest. It's easy to jump on the "they deserve it because they made more money then me" bandwagon but just because you steal stuff online doesn't mean everybody else does.

  66. Re:SOPA lovers would love to take them down. by ScentCone · · Score: 1

    most people never have and never will take copyrights seriously

    That's because most people are clueless, period, and don't know how any aspect of modern society actually works. They don't know where chicken sandwiches or anti-biotics come from either. But they actually do take copyrights seriously, indirectly. They want professionally created entertainment, books, software, music, plays, operas, video games, news programs, movies ... and even the leeches who want to rip it all off know that it will only exist if the honest chumps they love to rag on will continue to pay writers, artists, filmakers, musicians, photographers for the works they find worthy. The leeches actually like copyrights because it's the mechanism that allows the market in which other parties gladly create/finance what they want to function, and off of which the leeches knowingly suck using criminal operations like MegaUpload.

    --
    Don't disappoint your bird dog. Go to the range.
  67. Exactly by pavon · · Score: 2

    Even before the ICE seizures began, Hollywood already succeeded in putting innocent websites out of business due the high cost of defending themselves. Rapidshare has to worry about loosing in court. Everyone else has to worry about being shutdown despite being on the right side of the law.

  68. Wrong analogy by Anonymous Coward · · Score: 0

    MegaUpload doesn't pay users to upload content, at least not explicitly. The fact that that may be the case is beside the point. Or else we go to the old argument about whether guns or crazy gunmen kill people.

    Let's see, I see some online hard drive spec sheets that list the "humanized" capacities of their various drive models. Typically this would take the form of "holds x movies/mp3s". You can argue that hard drive manufacturers are encouraging piracy because the most "obvious" way you can download 2 TB of such data is through, you guess it, piracy, just as the most "obvious" use for a gun is to kill people.

    MegaUpload was an online storage site. Sure they had revenue-sharing schemes. But MU did't require/limit/force users to apply such a scheme only to the latest Hollywood blockbuster or hit stong. Users were given money for total downloads, which could be anything from Ubuntu ISOs, encrypted private files, or fansubbed anime not licensed by any American company and therefore beyond the scope of any FBI investigation (unless that agency is already under the beck and call of the Japanese animation industry).

  69. The chilling effects are staggering by Anonymous Coward · · Score: 0

    I'm sure RapidShare and Dropbox ARE worrying. Any legitimate company involved in file sharing, storage, or even companies that are only tangentially related to such services must be shocked by this turn of events. Even if they didn't do anything at all illegal. I'm sure they'll all have to carefully consult with their lawyers to determine how this precedent affects them. Just think, a business can be shut down any time the government feels like it, with no due process! That certainly could throw a monkey wrench in a business model. Hell, even their law-abiding end-users are going to be alarmed. And I can only imagine that investors will forever be much more hesitant to invest in a startup that offers such services.

  70. Re:SOPA lovers would love to take them down. by CAIMLAS · · Score: 2

    I support the core idea of SOPA while opposing the bill, and I suspect many others do too. If you don't read the damned thing, SOPA sounds like "let's reduce the rampant unchecked piracy online." Sure, that's great. There are many reasons why people should have to really look if they want a pirated copy of The Hangover 2.

    Online piracy has been about the same for the past 15-odd years in terms of availability, from what I can see. If anything, there's less of it now due to legitimate online channels for media: online 'app stores' (Apple's, Steam, Microsoft's), and the like. It is trivially easy to find electronic media of one sort of the other online to buy to download immediately, and people use them often.

    This has been going on for well over the better part of a generation, with no sign of cultural shift on the horizon. (Meanwhile, the Prohibition lasted only 13 years, and look what good prohibiting access to a social vice which everyone wanted did! It ceased immediately, and nobody went to jail.)

    All the while, *PAA has been pushing hard to completely eliminate (and making a mess of people's lives in the process) piracy. They've gotten quite a few laws on the books and have made the lives of common people utterly miserable for things they didn't necessarily know were "wrong" (or call it illegal).

    For the most part, the laws necessary to reduce online piracy are already there and have been there for a long time. SOPA isn't needed. DMCA was already stepping over bounds by walking around presumption of innocence. What should be akin to a traffic or parking ticket if you're caught sharing has turned into something with the legal repercussions of organized drug trafficking. It isn't right, and it needs to be dialed back a hell of a lot before any steps 'forward' are taken.

    So, no: having read SOPA, there is absolutely no justification for it. What it functionally should be able to provide has already been provided, legally (and then some). We really don't need even more of a Noble Experiment than what we've already got on our hands, thanks.

    (Part of me suspects I'm replying to a shill, but what the hell...)

    --
    ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
  71. Re:SOPA lovers would love to take them down. by Commontwist · · Score: 1

    Gah. I never said it was not a global issue, merely that I would not START with them. My first post, which seems to be no more, was to point to someone in my own country who went to great lengths to list what a Great Idea SOPA is. *sarcasm included at end there*

    Personally, I'm happy support is falling for both SOPA and PIPA. Horribly done bills.

  72. IT'S NOT PIRACY. by Ralph+Spoilsport · · Score: 1

    So stop calling file trading piracy. I never understood how some 12 year old boy downloading Katie Perry's latest excursion in abusing her audience's ears - all from the comfort of his mommy's basement - is some how morally equivalent to the forcible seizure of watercraft by a gang of armed thugs hellbent on the slaughter and/or enslavement, rape, and pillaging of the crew, the theft of the boat's contents, and then the final gleeful burning and murderous sinking of the vessel and all left on board.... THAT'S piracy. Downloading "Teenage Dream" is not.

    --
    Shoes for Industry. Shoes for the Dead.
    1. Re:IT'S NOT PIRACY. by Cochonou · · Score: 1

      Come on, words have several meanings depending on the circumstances. You will find this definition even in the Merriam-Webster.
      Likewise, a hot dog is not a baked puppy. Or at least, I do sincerely hope so.

    2. Re:IT'S NOT PIRACY. by Ralph+Spoilsport · · Score: 1

      words have political meaning. It's like changing the Estate Tax to the Death Tax. When you say "Estate Tax" it's a tax on people leaving millions of dollars to their children. When you say Death Tax, everyone takes affront. Same with piracy. When you say piracy you get multiple responses - the slaughter of innocents, the theft of property, and the romance of the high seas. When you say what it IS, file sharing, it sounds a lot less romantic and destructive.

      --
      Shoes for Industry. Shoes for the Dead.
  73. Re:Doubt it + Obligatory Reddit link by Whiteox · · Score: 1

    What's reddit?

    --
    Don't be apathetic. Procrastinate!
  74. Speaking of living by twoears · · Score: 1
    He'd have almost certainly escaped any legal problems once everything was shut down, and he could've just quietly taken his money and lived high off the hog for the rest of his life.

    One look at Kim and you know the guy didn't miss many meals. Talk about living high off the hog...he was a living example.

    I'm betting he'll commit suicide. He's already tried eating himself to death.

  75. Rapidshare not hosting pirated content? by Anonymous Coward · · Score: 0

    I just downloaded the latest episode of Grimm (S01E09) from Rapidshare... So no, they're still hosting pirated content.

  76. Re:SOPA lovers would love to take them down. by business_kid · · Score: 1

    I am out of this in Ireland. I am uneasy with breaking copyright. If someone steals my car, that's a simple case and he owes me. If someone steals intellectual property . . .

    I also think the idea of a replacement for Hollywood, while sorely needed, needs work. Let me give you an actual serious example:

    I would like to make a feature about Jesus Christ - not just the crap Hollywood produces, but a grasp of the man as he was, the real person, and the King that he is now. It would educate adults and kids in their faith and be unquestionably bible based, and directed in line with that alone. Another revenue stream would be teacher's notes & a dvd set for schools. Est. cost for a low budget version would be $10-15 million. The dvd set for schools would facilitate teaching religious instruction.

    Do Slashdotters feel like forking that sum into the doubtful investment of a film which may end up being pirated and copied by sites like megaupload? That is a serious proposal which will remain just that unless people express willingness to invest. The $10-15 million is a barrier to me. Then investors really own it. Are they prepared to open source (= throw away) their investment and how are they expected to make money at it?

  77. Not about your access to your files by Anonymous Coward · · Score: 0

    Many Slashdotters have though this as their access to their files. This might be a problem if you are on the road and use these online services for your cellphone. But, nobody should be stupid enough to do this after what happened today. If you need online file-storage, you should have them on a FTP that you control in addition to an online file storage. There are apps for that. But, this is not what this case is about at all.

    There are three more important things to consider: Group access, Legal Presence and Legal Extortion

    Group access is when you have a customer base in a cloud service and that service hosts something that is copyrighted. The service gets shut down and you loose hundreds of followers over night. This translates into lost revenue. This was probably intentional by Hollywood. They are known to go after small producers because they hate competition. Or your company are forced to change their procedures over night. Even if this storage was used for temporary files, there might be files that are lost because the storage is emptied at fixed times. Or there might be files that are never uploaded. For a social group this might also translate into problems.

    Legal presence means that now we got a confirmation that using a server in US means you got a presence. In the age of Facebook and Twitter, this means any company has a presence there. USA has a legal system that is beyond repair. Payment systems are dominated by USA, so they can directly confiscate your income. They already did this with companies cooperating with Wikileaks. This is one "First they came for the others..."-situation.

    Legal extortion means that there are huge amounts of logs potentially incriminating huge groups of people. This is a danger in itself. America is known for its strict laws. There is no central oversight over the amount of laws. People can can choose to think that America has prisons, the truth is probably closer to that they have labor-camps where they detain huge amounts of people. In a prison, there has to be rehabilitation and not any excessive verdicts. A labor-camp has only a profit-motive as well as an interest in political oppression.

    This might very well be attacks on American freedom you are witnessing. Brought about by fascists who want more corporate control over America. And less rights to the citizens. I hope I am wrong, only time will tell.

  78. my 5c (since we dont have 2c coins anymore) by Anonymous Coward · · Score: 0

    All those seized servers containing vast amounts of information, a lot of it copyrighted content sure... But as people have said what about the private information, photos of peoples families etc and of course company data including trade secrets etc. Anything which any rogue employee going through the seized server's data could easily swipe for themselves and make a good profit on selling to that companies competitors etc! Of course it would be stupid to store such information on MU to begin with, especially if it was in an unencrypted format, but then again since this sort of thing could happen to any File storage service such as Dropbox, the "wrong" kind of people would be able to decrypt the information easily enough given the incentive to do so

  79. Re:Doubt it + Obligatory Reddit link by makomk · · Score: 1

    Oron.com is also I believe one of the sites that (unlike Megaupload) does actually pay uploaders for files that are blatantly infringing - Megaupload had a reputation for denying payouts and if you read what the indictment against them actually says none of the evidence they list contradicts that. Additionally, they pay referral fees when someone buys a premium upload, they have much tighter restrictions on free downloads than Megaupload or most of the other similar sites in order to encourage users to go premium, and there were plausible rumors that they'd directly paid off major pirate download forums to become Oron-only. They seem to be obviously, directly profiting from copyright infringement as part of their business model in a way that Megaupload never was.

  80. Oxfordian theory of Shakespeare authorship by tepples · · Score: 1

    Google Edward de Vere shows me Oxfordian theory. Let me rephrase: Assuming the Earl of Oxford ghostwrote at least some of Shakespeare's plays, do you think his heirs should still be collecting royalties?

  81. All Web Hosting by kpatient · · Score: 1

    "Others in the line of fire are DropBox, iCloud and Amazon S3, which support hosting any file a user uploads."

    Doesn't this apply to pretty much any web hosting space out there?

  82. Amazon S3 by Anonymous Coward · · Score: 0

    Amazon S3 is mentioned in the post, as they may shut it down. Very very unlikely. If you look closely in where the image on current megaupload resides, you'll see this url

    http://usdoj.s3-external-1.amazonaws.com/banner.jpg

    Yes. US. Deparment of Justice uses S3 for hosting their files :-)

  83. This is INSANE by Anonymous Coward · · Score: 0

    By this logic, the following should be outlawed/shut down also:

    (1) Cars (I could drive a pirated CD somewhere)
    (2) All external drives (I could just copy files the old fashioned way)
    (3) Printing Presses - I might print something I don't own the copyright to

    I can keep going with this, but it is obvious that the tool (file sharing) doesn't engage in piracy.. People do. Just because someone can use a tool to commit a crime, should we outlaw it? I suppose the argument shifts to gun control now. In many cases guns are only used for harm, so controls should be implemented. Is there anything we can learn from that? Perhaps anonymous file sharing should go away and a file transfer should only be allowed to registered users, so there is a way to catch pirates and keep a useful service active for legitimate users.

  84. The root cause is lack of a basic income by Paul+Fernhout · · Score: 1

    "Going after these services is treating a symptom, not the root cause."

    See: http://www.basicincome.org/bien/

    The root cause is lack of a basic income, an expanded gift economy, or improved subsistence technology, and/or better government planning (which could all support artists and other creators).

    With a basic income (or those other things), creative people would not have to worry where their next meal is coming from, and would not have to engage in the legal, but increasingly immoral (in the internet age), practice of creating "artificial scarcity" to fund future works or repay investors.

    --
    A 21st century issue: the irony of technologies of abundance in the hands of those still thinking in terms of scarcity.
  85. Rapid yes, dropbox no by Anonymous Coward · · Score: 0

    Megaupload and rapidshare are services designed for piracy. Dropbox is not

  86. If you're going to steal $2M, why not $2B? by raehl · · Score: 1

    If you're going to steal, go big! You'll get the same prison term stealing a few blu-ray players from your local retail establishment as you will tens of millions through some financial or copyright scheme.

    I suspect the part of the plan that failed was thinking he was immune from prosecution by the US by living in New Zealand.

  87. Re:SOPA lovers would love to take them down. by cgenman · · Score: 1

    The comparison to parking violations seems particularly apt. You can never stop parking violations. And everyone parking willy-nilly in big cities is a major problem. But we all have to do it from time to time. Parking tickets will never completely "solve" the problem, but it does a good enough job that most people don't just park in front of everyone else's driveways.

    Our copyright regime at the moment fires off $100,000 lawsuits at people who should be getting the equivalent of a parking ticket. But, being a huge expense and a risk to all industries every time they do it, not many can come out. If every now and then people got a $100 ticket for illegally torrenting Herbie: Fully Loaded, maybe they'd think twice about doing it.

    Of course, the valuations need to change. And the associated fines need to have the slightest clue of reality. And the companies need to stop being allowed to write the rules of what "fair use" means. And we need to take our government back from the entertainment maffia that values sales over human rights.

    But turning the war on pirates into mild parking restrictions seems like a good idea.

  88. PJ at Groklaw made some great points by walterbyrd · · Score: 1

    1. The MegaUpload case demonstrates that no such bill is even needed.

    2. What about innocent folks who have placed their files on the service? Who restores their property to them if the entire site goes down? They have property rights too, which are not currently being addressed, that I've seen.

    3. The OPEN bill provides a wrongly accused site no relief, other than dropping the penalties. But they will have suffered financial harm. That needs to be addressed. I have no doubt that Viacom would have used any SOPA-like or OPEN bill against YouTube, which in the end was found not liable for copyright infringement. Why should YouTube be forced into an ITC action, instead of leting it duke it out in litigation in federal courts, with appeals built in and statutes well known? A bill that doesn't restrain such over-the-top complainants can't work.

    4. No bill will work anyhow. There is no way to stop copying on the Internet. It's what computers do. You will never find a way to stop it. Criminals are technically smarter than Congressmen. They'll just start up a new site under a new name. Surely Hollywood should have realized by now that they need to invent a new business model or accept a measure of copying as a cost of doing business, just as stores know they can't altogether stop shoplifting. Not every instance of copying is a lost sale. Those folks weren't going to buy from you anyway.

    5. Someone needs to think through the property rights of the wrongly accused a lot more than they have. If someone has money in the bank at Paypal or wherever, they have rights to that money, even if only 1% of it is from legitimate sources. A bill that pretends that they have no property rights while fighting for Hollywood's property rights, as they see them and lobby for, is offensively hypocritical. If Iran was theatening to do this to American web sites, how would Congress feel, particularly about them just swallowing up the money? Well, extrapolate.

    6. I don't personally believe Hollywood cares about foreign sites. SOPA wouldn't stop sales to the rest of the world, after all. It's instead a chess move to regulate the Internet by forcing regulation on US companies, because they wrongly suppose that is the problem, that the Internet is killing their business model, so they wish to retaliate and block, control, and hobble the new economy so the old economy can survive a little longer. The world is not at consensus that Hollywood is the center of the universe or is to be protected at any cost to the rest of the world. In short, there is a lack of balance in even coming up with a bill like SOPA. A neutered SOPA doesn't address that foundational issue, that this is about regulating US businesses so Hollywood can establish a playing field more slanted in its favor. If you are really interested in jobs, keep in mind that the New Economy creates them, not the Old Economy, which is in a serious decline, despite so many IP laws designed to protect them.

    7. None of these bills consider the public's interest as being worthy of protection. There are wide variances in what constitutes copyright infringement. That also is ignored. Where does fair use come in? None of the bills even address that, but it's part of Copyright Law. What about human rights? I mean, who gave Hollywood the right to control the Internet? They didn't invent it or build it. They don't own it. And if the US tells the world that the US owns the Internet, and that US law is to be universally applied or else, there will be serious repercussions and inevitable damage from backlash. It's just a really, really bad idea from the ground up.

    8. I have two suggestions. First, Congress members should immediately hire tech support folk to advise. them. Second, if you want to discuss bills like this, get the techies into the discussion to advise you on what US businesses can do technically to protect themselves better than they do now. Trust me, there will be plenty. After that, ask if more even needs to be done.

  89. Re:SOPA lovers would love to take them down. by Anonymous Coward · · Score: 0

    I don't think piracy would be much of an issue for that idea. Convincing anyone to waste money on it on the other hand.

  90. So, is linux illegal? by Harik · · Score: 1

    I've got a few issues with this whole thing.

    First, since the main complaint against megaupload was they were doing data-deduplication, at what granularity do you need to dedupe before you become infringing?
    This is problematic because of #2: DMCA complaints lie. Like, the majority of the time. They keyword search and send takedown requests to files with names they don't like without ever seeing the content. So, if a service dedupes content like that all you need to do is upload something that's popular and name it "Britney Spears #1 hit poop" and get it DMCAd. Troll heaven.
    Third, their "Paying pirates" is a bald-faced lie. Putting up content you own and getting paid for it was a way to make money for independants of all stripes - modmakers, musicians, amateur directors, etc. The fact that some people made money with things they didn't own (And don't forget that takedowns were honored, dispite the misleading wording of the indictment.) doesn't change the fact that it had a massively non-infringing use. As for their "evidence", try to find one ISP where employees don't talk about using their bandwidth to download not-entirely-legit content. It's considered a job perk of a fat pipe.

    Lastly, The MU takedown had the intended effect. Filesonic died early this morning as well. If you don't own your own hosting, good fucking luck sharing anything you've created with the world. There's a lot of minecraft mods that are just gone now, for instance.

  91. Impossible to police content by Anonymous Coward · · Score: 0

    There is no way possible for any site to police the content people upload. All that is necessary is to upload an encrypted file, and distribute the location and key to your confidants.

  92. SOPA / PIPA Conspiracy? by sl149q · · Score: 1

    Interesting timing or coincidence?

    The conspiratorial theory would be that this was timed to prove the absolute need for SOPA / PIPA... get piracy in front of people's face, grab some headlines that the SOPA / PIPA people can use to push their new law enforcement tools.

    On the other hand this also demonstrates that law enforcement does quite well without SOPA / PIPA... so perhaps this was badly timed or thought out.

  93. Re:SOPA lovers would love to take them down. by Anonymous Coward · · Score: 0

    My view is that copyrights are dead; it is impossible to prevent copyright infringement or even curtail it without violating our civil rights. Copyright in the 21st century is simply not compatible with democracy or human rights.

    What about software copyright? Without copyright, the GPL doesn't work and Microsoft, Apple, or whoever would be free to take somebody's open-source project and sell it under their own name.

  94. Rapidshare a Worry by Darkplanner · · Score: 1

    I think that Rapidshare might be next to attack.I believe they host a billion copyrighted things and the government will try and attack them next.

  95. SoundCloud by Anonymous Coward · · Score: 0

    They should take down SoundCloud. So much copyright content is on there. You can even rip the content from the servers and convert them to mp3

  96. Re:SOPA lovers would love to take them down. by Anonymous Coward · · Score: 0

    Considering how many services are shut down now, I think there are only 2 possible causes. Either somehow the movie industry secretly paid them to stop (not likely), or someone sent them a virus (maybe even the U.S. government).

  97. Well, I see it this way... by Anonymous Coward · · Score: 0

    Rapidshare, Hotfile, and a few other file-sharing sites have been able to show that they can remove suspicious files due to copyright infringement concerns, if one can show that they can remove files out of copyright infringement concerns, they can at least prove somewhat that they are somewhat clean. As for the overall problem with piracy, I see the problem being less severe due to plenty of companies showing great capacity for the digital downloads nowadays. One can get just about any game full version as a digital download, back it up on an external hard drive, and play at full quality, pay for it, and enjoy it almost guaranteed at full quality. Steam, iTunes, GameTree, and more offer plenty of decent proof for this. Plus, it's tricky to try getting into the multiplayer part of pirated games anyways, not to say someone can't be desperate or savvy enough, but not all that many people are. One can try war on piracy, and waste plenty of resources, or one can accept that plenty of businesses, while they're not free, they can give you full digital copies of software, music, and movies, at high quality, and a near-guarantee of being legit and functional. The law isn't all that important because the adaptability is showing through and through.

  98. it is about the ticket sales by Anonymous Coward · · Score: 0

    How many besides me have done this:

    Bought a blu-ray player, rented a blu ray movie. By the way a rental BD-rom is not always the same as a purchased BD. Then had to search for a for firmware update to play it. Then find that you also had to add a 16Gb USB stick and connect the thing to upgraded internet connection. After those aggravations have been satisfied find some of the blu-rays freeze, hang or just wont work. Then you buy a bd-rom and try that and go thru same process. cpu does not have horsepower--upgrade it, memory, blu-ray software and mobo. That was not enough-- add add a gpu, but have replace pwr supply because more stuff and more watts and at the end of this,,, same as you are with the player.

    Does anybody know of a theater that gives AARP discounts?