Megaupload Drops Lawsuit Against Universal Music
bs0d3 writes "Not so long ago, a legal video was taken down by repetitive DMCA requests to YouTube. In response, Megaupload filed a lawsuit against Universal Music. This past week, Megaupload was raided by U.S. authorities and forced offline, which is costing Megaupload millions of dollars in damage. Today; while employees are in U.S. custody, Megaupload has mysteriously dropped their lawsuit against Universal Music."
With the ton of information about the multi-year investigation about MegaUpload and all the evidence gathered they practically have zero possibility of winning the case. They really got it handed down on them and are most likely looking for a long time in jail.
Not only did MegaUpload not delete the actual files when sent DMCA notices (but did when sent abuse letters about illegal content like child porn), they also paid the uploaders cash in exchange to send downloaders to their site. This was almost all the times used for spreading copyright infringing material and MegaUpload was notoriously known for being good site for such use. As the internal emails show they were also fully aware of this fact. It also seems like the feds are now in possession of the top affiliates on the site which most likely will lead to more arrests for criminal copyright infringement, as they made lots of money by doing it.
Also another fact: not only did MegaUpload staff know about this activity and try to get around DMCA notices and laws, they did copyright infringement themselves. For example they used to populate their MegaVideo site by downloading and adding videos from YouTube. This was also videos created by people like you, not only mega-corps. This and much more was revealed in the arrest and their internal emails.
A link in this article goes to a rather thoughtful discussion of the MegaUpload indictment. To tell it short, although the indictment sounds bad, almost none of the alleged activities are in fact illegal. The few that are require "state of mind" which is a rather difficult thing to prove, and harder to get a jury to convict on.
Since in America we have trial by jury, if it goes to court it seems unlikely there will be able to find a jury willing to convict.
Together that seems to make the whole thing very scary.
Help stamp out iliturcy.
Employees are not yet in US custody. They are currently being held by New Zealand authorities (in court as I type this) pending extradition hearings. The extradition is not automatic and is being contested.
or with pirate bay, or with any of these other sites.
beyond that, when Geohotz and failoverflow got attacked by Sony for jailbreaking the PS3, he was accsed of the following:
Violating the Digital Millenium Copyright Act (17 U.S.C. 1201)
Violating the Computer Fraud and Abuse Act (18 U.S.C. 1030(a)(2)(c))
Contributory copyright infringement (17 U.S.C. 501)
Violating California Comprehensive Computer Data Access and Fraud Act ( 502)
Breach of Contract (related to the PlayStation Network User Agreement)
Tortious interference
Misappropriation
Trespass
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the Computer Fraud and Abuse act is far worse - its what they are using against Bradley Manning, its what they used against Thomas Drake, its basically criminalizing 'anything we dont like, when done on a computer'.
but since it has almost nothing to do with some 25 year old man-childs ability to download free copies of Transformers 8, the moronic fat assholes of the warez-o-sphere dont give a shit about it, and they wouldnt dream of writing endless tirades against the CFAA or its provisions.