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RapidShare Urges US To Punish Linking Sites and Not File-Sharing Sites

hypnosec writes "RapidShare has said that the U.S. government should crack down on linking sites rather than punishing file-sharing sites and strangling innovation. The file-sharing site is understandably a little worried about the recent crackdowns on sites involved in or found to be promoting piracy. Daniel Raimer, RapidShare's Chief Legal Officer, is to meet with technology leaders and law enforcement at the Technology Policy Institute forum. Responding to a public consultation on the future of U.S. IP enforcement, the company emphasized that linking sites are the real problem. It wrote, 'Rather than enacting legislation that could stifle innovation in the cloud, the U.S. government should crack down on this critical part of the online piracy network.'"

39 of 167 comments (clear)

  1. War on Google by Anonymous Coward · · Score: 5, Insightful

    The problem with cracking down on "linking sites" is that it's way to broad. When you start attacking sites that provide users a collection of links, you're effectively attacking the basis of every web site on the Internet. It will no longer be safe to provide links. Further, it will undermine search. What is google but a collection of links?

    How about we don't go after file sharing or linking sites and instead go after the RIAA and MPAA for buying our politicians and extorting money out of people by their frivolous lawsuits. I buy my content, but when they go after the basic foundation of the Internet, it makes me rethink that. No revenue means no buying politicians.

    1. Re:War on Google by Altrag · · Score: 2

      Which are, in essence, a link. Maybe not in the technical sense of a direct pointer, but its a method for finding what you're looking for.

      Saying otherwise is just as pointless as the old bitching about how "piracy" wasn't a problem because "pirates" roamed the high seas and wore eye patches. Technically true, but a fundamentally pointless argument in practice -- which specific buzzword was used as the label is irrelevant.

      Shakespeare even pointed this out several centuries ago ("A rose by any other name..") Its not like "using the wrong label!" has ever really held up as a useful argument.

    2. Re:War on Google by Sir_Sri · · Score: 2

      but the law is having smaller and smaller ground to stand on.

      I think it's the other way around, the law is going to get more and more broad, because it's going to be about what you can do with a collection of numbers (after all, everything on computers is just 1's and 0's), or the interpretation of that number rather than the number itself is what matters on you.

      We prohibit things like guns (in civilized countries at least) because access to them is dangerous. But it's not the gun itself that is illegal usually, it's the possession of it, the transport of it, the sale of it etc. Lawn darts is the same thing, any use of a lawn dart is unnecessarily dangerous, so society can't be on the hook for it.

      Numbers are as dangerous as they can be interpreted to be, so possession of a number that can be used to break into a bank vault or steal an mp3 will be broadly illegal, whatever form that number takes.

  2. How does this even make sense? by Anonymous Coward · · Score: 3, Insightful

    I doubt anybody would punish linking somewhere without punishing outright sharing too.

    1. Re:How does this even make sense? by cpu6502 · · Score: 4, Insightful

      The UK just did it..... sent a man to jail for 4 years because he provided links to piratebay, demonoid, and other sites that had TV shows/movies.

      Of couse the UK has demonstrated itself to be as bad as Russia when it comes to free speech, so I guess we shouldn't be surprised.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    2. Re:How does this even make sense? by QuasiSteve · · Score: 3, Interesting

      The UK just did it..... sent a man to jail for 4 years because he provided links to piratebay, demonoid, and other sites that had TV shows/movies.

      That sounds innocuous enough - but keep in mind that he actually made GBP35,000/month in 2009 with these activities.
      Given that they were merely link sites, his hosting costs weren't going to put much of a dent into those figures.

      Now I'm not saying that his profiting is what made it illegal (it was illegal either way), or that 4 years in jail is an appropriate sentence - but let's not kid ourselves by suggesting that these site operators are only wishing to give to the world, to provide cultural enrichment to the needy, etc. They most certainly do profit by providing an avenue through which 'piracy' is committed.

      That said, under my copyright reform suggestion, linking sites would in fact not be a valid target for legal action. But not because of some misguided 'free speech' concern. ( In case you were referring to the Pussy Riot thing - wow. Did you really just equate the two? If so, you may wish to read up on that case a bit more. It's many times more scary than any piracy-linksite getting targeted is. )

    3. Re:How does this even make sense? by Artraze · · Score: 3, Insightful

      ... which is so awesome, even, because that's already down the slippery slope: Piratebay and Demonoid don't have TV shows/movies either, they only link it themselves (torrents are just oversized links). So that means there is now someone in jail for linking to a site linking to pirated bits. Can one even argue there's a difference between:
      https://thepiratebay.se/
      https://www.google.com/search?q=thepiratebay
      https://www.google.com/ seatch for "thepiratebay" and click the first link
      ?

      Sense is really just not a player here.

    4. Re:How does this even make sense? by QuasiSteve · · Score: 2

      an one even argue there's a difference between:
      https://thepiratebay.se/
      https://www.google.com/search?q=thepiratebay
      https://www.google.com/ seatch for "thepiratebay" and click the first link

      Yes, one can argue that. If argued in front of a judge, they'd even agree with the argument. If argued in front of any reasonable person, they'd also agree.

      Open up TPB in one window, open up Google in another. Present to some person unfamiliar with either. Give them 5 minutes to explore each site. Now ask them to give a summary description of each site. I'd be highly surprised if your test subject would suggest there's no difference between the two sites.

      Of course when you add search query details for 'pirate' sites or for 'pirated' contents to the URL, there's far less of a difference. But that's the major, major difference between the two, isn't it? TPB presents the information for you, along with very useful categories, links to the latest content, etc. Google presents you with a search box and a bunch of links to their other services (none of which are comparable to TPB either). (Common) Sense is very much a player here.

      It doesn't detract from your earlier statement - or the odd legal approach taken (conspiracy to defraud) - but the whole "TPB is exactly like Google" argument falls apart right at the moment the sentence is finished with ", but for 'pirated' content.". Nobody in their right mind would argue it in a court of law anymore - I don't know why some people continue to suggest this comparison :)

    5. Re:How does this even make sense? by king+neckbeard · · Score: 2

      Except the UK had ruled that linking sites were legal. Also, I seem to recall the site in question linking to legitimate sources as well, such as Hulu and iTunes.

      --
      This is my signature. There are many like it, but this one is mine.
    6. Re:How does this even make sense? by QuasiSteve · · Score: 2

      Except the UK had ruled that linking sites were legal.

      iirc there were two cases in which the sites in question were deemed legal. It remains a case-by-case thing. However, I do agree that the charge in this case is suspicious at best (conspiracy to defraud).

      Also, I seem to recall the site in question linking to legitimate sources as well, such as Hulu and iTunes.

      Probably - but let's face it, even TPB has magnet links to Linux distros, The GIMP, etc. That doesn't suddenly make TPB the 'go to' place for all things F/L/OSS - and judges would be similarly unimpressed by the argument that the site 'also links to' when that is an insignificant component of the site's functioning and intent.

  3. Re:Darn you Google! by hesiod · · Score: 5, Insightful

    The problem isn't that I'm offering fake Rolexes for sale, it's that some law breaker is telling people about it!

  4. Not that easy by thoriumbr · · Score: 5, Insightful

    It is hard to go after the linking sites, they are way too much. The storage sites are just a few, and is easy to go after them.

  5. Uploaders? by ThatsMyNick · · Score: 4, Insightful

    Shouldnt they actually go for the uploader and not hosting company or the ones that link? Ahh going for uploaders would hurts their business, so they would rather have the authorities going for the ones that link.

    1. Re:Uploaders? by VortexCortex · · Score: 4, Insightful

      Shouldnt they actually go for the uploader and not hosting company or the ones that link? Ahh going for uploaders would hurts their business, so they would rather have the authorities going for the ones that link.

      Shouldn't they actually go for the content creator and not the uploader or the hosting company? Ahh pointing out that content creators licenses are what causes the uploading, hosting and linking to be illegal makes them look stupid, so they would rather have unlimited copyright for "a limited time" that's actually THREE GENERATIONS OF HUMANS in length.

  6. In the end, he loved Big Brother. by Tackhead · · Score: 4, Insightful

    Daniel Raimer, RapidShare's Chief Legal Officer, is to meet with technology leaders and law enforcement at the Technology Policy Institute forum. Responding to a public consultation on the future of U.S. IP enforcement, the company emphasized that linking sites are the real problem. It wrote, 'Rather than enacting legislation that could stifle innovation in the cloud, the U.S. government should crack down on this critical part of the online piracy network.'"

    "Rather than enacting legislation that could stifle innovation in the cloud, the U.S. government should crack down on this critical part of the online piracy network.'"

    I guess that's Newspeak for "Do it to Julia, don't do it to me, do it to her!"

    But it was all right, everything was all right, the struggle was finished. He had won the victory over himself. He loved Big Brother.

  7. It would be a dangerous precedent. by Jane+Q.+Public · · Score: 4, Insightful

    As the first poster mentioned, it's not a crime. I can even link to a criminal site if I want, with the link saying "Look! Here's a criminal site! The bastards!"

    If they start regulating what you can link to, the internet is doomed. Don't go there.

    Besides, at least in the U.S., free speech is very much an issue when it comes to links.

    1. Re:It would be a dangerous precedent. by clonehappy · · Score: 3, Interesting

      Facilitating copyright infringement is a crime and has been upheld by the US courts. Linking to copyrighted material would fall under facilitation. You may not agree with it, but that's the way it is. Free speech doesn't give you cover for it either.

      And the US courts are always infallible, right? You sound awfully Team USA with your statement.

      If someone asks Siri where to hide a dead body, she will give them the locations of Dumps, Mineshafts, Quarries, etc. Would that make Apple accessory to murder?

    2. Re:It would be a dangerous precedent. by Jane+Q.+Public · · Score: 4, Informative

      "Say, if linking to copyrighted stuff is criminal, why are Google and Microsoft still operating search engines?"

      Exactly. And that is only part of the point: how can linking be a crime, when even downloading isn't a crime. ("Piracy" is, but downloading is not piracy, according to the legal definition. Downloading is merely infringement, a civil infraction. Piracy is a crime, but in order to be piracy (generally speaking), it has to involve mass distribution of copyrighted materials for profit.

    3. Re:It would be a dangerous precedent. by Kjella · · Score: 2

      Exactly. And that is only part of the point: how can linking be a crime, when even downloading isn't a crime. ("Piracy" is, but downloading is not piracy, according to the legal definition. Downloading is merely infringement, a civil infraction. Piracy is a crime, but in order to be piracy (generally speaking), it has to involve mass distribution of copyrighted materials for profit.

      That's not +5 Informative, it's wrong. USC 17506(a)(1)(B):

      by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or

      Did you see "reproduction" there? That's what you do when you download, it's been confirmed many times by the courts. The uploader distributes, the downloader reproduces. So if you download say the Adobe Master Collection ($2599 retail price) you are a criminal, not just a civil infringement. Criminal copyright infringement is actually more of an OR than an AND, either for profit OR distribution of high value OR in large quantity OR reproduction of high value OR in large quantity OR distributing an unpublished work OR a movie in cinemas but not on sale. That is, there are many ways to commit criminal infringement without it being for profit. The main reason it's used much less is that it's harder to prove (beyond a reasonable doubt), needs a public prosecution, you get all the benefits of a trial like the right to a lawyer and by itself the copyright holders aren't making any money on it - except possibly the scare factor.

      --
      Live today, because you never know what tomorrow brings
    4. Re:It would be a dangerous precedent. by Half-pint+HAL · · Score: 2

      Car analogy: A getaway driver is an accessory to a crime. A taxi driver isn't an accessory if he didn't know the fare was fleeing the scene of the crime at the time. There's a lot about "intent" in law....

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
  8. Rapidshare HAS NOW MADE THEMSELVES the problem by gavron · · Score: 3, Interesting

    The "problem" isn't file sharing. That's legal. It's not linking. It's legal. What's against the law
    are violations of the law (e.g. copyright).

    HOWEVER, in saying "don't come after us, go after linking sites" rapidshare has thrown the
    babies to the wolves in hopes that they can evade a similar fate.

    Rapidshare, for that, deserves to die. Linking sites and sharing sites are legal. The US Federal
    government and its ICE dogs will sooner or later be brought to task. (Rojadirecta probably).
    We'll still remember that Rapidshare threw everyone else to the dogs.

    E

    1. Re:Rapidshare HAS NOW MADE THEMSELVES the problem by VortexCortex · · Score: 4, Insightful

      Eliminate copyright. Problem solved.

  9. Obligatory "Your post advocates a" checklist by davidwr · · Score: 5, Funny

    Your post advocates a

    ( ) technical ( ) legislative (X) government ( ) market-based (X) finger-pointing (X) political

    approach to fighting illegal file-sharing over the Internet. Your idea will not work. Here is why it won't work. (One or more of the following may apply to your particular idea, and it may have other flaws.)

    (X) There is no centralized authority that will force people to carry out your plan
    (X) Your plan is incomplete or contains too much "needs to be further discussed." phrases
    (X) Requires a consensus on whether a problem actually exists
    (X) Requires a consensus on the definition of where the problem lies
    (X) No one can agree on the definition of the problem
    (X) Proposal is philosophically inconsistent in mulple places
    (X) Computers and frequently people can't tell if a copyrighted item is being hosted legally or not
    (X) The item at the end of a link can change over time

    Specifically, your plan fails to account for

    (X) Existing court decisions protecting the very activity you want to restrict
    (X) Scalability
    (X) Extreme opportunity for mischief when abused
    (X) Technically illiterate politicians
    (X) Stupidity on the part of some people who do business over the Internet

    and the following philosophical objections may also apply:
    (X) A near-consensus that the activity you want to restrict should not be restricted
    (X) Many people download illegally because it is not feasable to obtain content otherwise
    (X) If file-sharing ended tomorrow and everything else remained the same, gross revenue wouldn't increase all that much
    (X) Is this really the purpose of government?

    Furthermore, this is what I think about you:

    (X) Sorry dude, but I don't think it would work.

    Looking forward to similar posts by others who can do "funny" better than I can.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  10. Go after the uploaders how? Honest question. by QuasiSteve · · Score: 2

    You say that they should go after the uploaders. That sounds like a good principle (in fact, I favor this approach - although in my view rapidshare would not be an innocent bystander either).

    There's just one problem with what you are suggesting - how do you suggest they go after the uploaders?

    Have you ever sent an e-mail to rapidshare asking for information on the user who uploaded a file? Did you get that information? Were you able to use that information to get additional information required for legal action from the ISP? Were you then able to successfully bring forth legal action against the person?

    Note that at every single question mark above, there are at least a dozen reasons why you would be answering 'no', and half a dozen more from privacy advocates who would rather that the above were, in fact, impossible - from strong defenses to weak ones. Just think of the very last one.. have you seen the discussion here since, well, forever, that a subscriber is not necessarily the person actually uploading? Could be somebody else in the household or maybe the WiFi was hacked.

    So how, exactly, would you suggest that they actually go after the uploaders?

    Though you are right that it might hurt their business - seeing as every single case against an actual uploader that's been covered here has resulted in very, very negative comments on the action.
    It seems the only acceptable response to many is to do nothing. Let piracy happen. Or offer better alternatives (and accept that piracy will still happen because it'll never be 'better' enough for everybody.)

    But in the interim, I would guess that targeting the hosting sites AND major indexing sites is at least the most efficient, even if the effect of doing this lasts at most a week (at which point pretty much everybody using the site will know of the alternatives to go to).

  11. Re:Darn you Google! by spazdor · · Score: 4, Funny

    OKAY EVERYONE, we just all need to stand in a big circle and each blame the person to your immediate right.

    Cops, please follow the chain of blame until you reach the end and find your culprit.

    It's the guy who posted the file! No, it's the guy providing hosting for the guy who posted the file! No, it's the blogger who posted the link to the file! No, it's the guy who reblogged the link! No, it's the guy who aggregates blog links! No, it's the guy who wrote a Google custom search which spiders links from those link aggregators! No, it's the guy who figured out that math can be used to obfuscate the "original source" of a data leak! No, it's the guy who came up with a distributed data storage model based on it! No, it's the guy who figured out that the Streisand Effect applies to every piece of published data! No, it's Barbra Streisand herself!

    ...And there's your culprit. Please go arrest Barbra and sue her for the RIAA's lost wages and in the meanwhile we'll just keep on copying like we always have.

    --
    DRM: Terminator crops for your mind!
  12. Wrong Solution to the Problem by Digital+Vomit · · Score: 2

    The problem is not the file-sharing sites nor the linking sites: it's copyright law.

    --
    Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
  13. Kinda makes you wish by OldSport · · Score: 2

    that they went after Rapidshare instead of Megaupload.

  14. Bad form by JDG1980 · · Score: 4, Funny

    Only a united front can beat back the MAFIAA. Winston Churchill's statement on appeasement seems apropos here: "An appeaser is one who feeds a crocodile – hoping it will eat him last".

  15. Re:Darn you Google! by p0p0 · · Score: 2

    Real world examples never seem to translate well online and that one was terrible. It would be more like a fake Rolex in a pile of absolutely everything in a giant bin.
    Almost impossible to find by itself, but if someone attached a string to it and told you to pull...

  16. The real battle by Shagg · · Score: 3, Interesting

    RapidShare, MegaUpload, Demonoid, etc all provide competition to the distribution monopoly of the RIAA members. That's their real problem. It isn't about piracy. The RIAA member/cartel are more worried about artists deciding that the middlemen are no longer necessary.

    As long as the RIAA has their way, it will be impossible to operate a file locker/linking service without being arbitrarily shutdown by the "piracy" boogeyman. That's what they want, and right now they're the ones writing the laws.

    --
    Unix is user friendly, it's just selective about who its friends are.
  17. Crack down on Hollywood Accounting instead by Dan667 · · Score: 4, Interesting

    much bigger problem.

  18. Re:Darn you Google! by Anonymous Coward · · Score: 2, Funny

    Sir, I would mod you insightful if I weren't absolutely disgusted by the undercurrent of truth in your words.

    As it is, I cannot be positive towards the truth you have unfolded as it would require re-examining my own responsibilities as a potential file-sharer, as well as giving some in-depth thought to more than just a few current business models.

  19. Re:Darn you Google! by sidthegeek · · Score: 4, Insightful

    I think this pretty much sums it up. http://i35.tinypic.com/o9mtf4.jpg

  20. Re:Darn you Google! by jamstar7 · · Score: 2

    Yup, why fix the problem when you can fix the blame? It's certainly cheaper to do that than it is to come up with some kind of solution, in this case, fixing the goddamned copyright laws or something.

    Course, I could be wrong. And severely caffiene-lacking...

    --
    Understanding the scope of the problem is the first step on the path to true panic.
  21. Re:Darn you Google! by Endo13 · · Score: 2

    Almost impossible to find? Really? Let me introduce you to this new way of finding things on the internet called a Search Engine.

    No, the Rolex example was spot-on. If my non-tech-savvy folks can find illegally shared stuff online in less than fifteen minutes, anyone can do it.

    --
    There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
  22. Re:Darn you Google! by spazdor · · Score: 4, Insightful

    Quit thinking about business models, and start thinking about models for society and for culture. A world full of piracy may be a shitty place to try and make money as a publisher, but it's a marvelous place to grow up as a child with a love of music or film or literature. No one has ever said that publishing has to be a profitable business in order for a market or a society to thrive, except for publishers.

    --
    DRM: Terminator crops for your mind!
  23. Re:Darn you Google! by hairyfeet · · Score: 5, Interesting

    Everybody is making jokes when the simple fact is just like the VCR there are plenty of non copyright uses for these sites. lets take myself for example, i have used sites like Rapidshare to send some of my own musical works to someone halfway across the planet so they could load it up and add their own tracks, I've used them to send .reg files for basic fixes like the PITA "Windows no sound device even though the drive is installed" bug, used them to store zip files of family photos so I can send them across the country to distant relatives, plenty of things other than the latest Titney Spears you can use these sites for.

    In the end it shouldn't be their job to have to constantly go through everyone's stuff to make the *.A.A happy, we've already seen that doesn't work as you can simply change the name of the files and you are back to square one. No they should be treated no different than Google who takes things down when they get a request. Problem is the *.A.As are lazy bastards and want to pass all the expense to everyone else and they have no problem with bribing officials to write the laws to let them pass on the expense.

    --
    ACs don't waste your time replying, your posts are never seen by me.
  24. Re:Darn you Google! by mister_playboy · · Score: 2

    I've never seen any evidence of RapidShare actively encouraging pirating (unlike MegaUpload, who offered cash incentives to prolific pirates)

    This is historical revisionism. RS had a reward program like every other host did, they were just the first to give it up because they were on the legal battlefield first and saw which way the wind was blowing.

    Pointing to MU as the exemplar of "pay to upload" hosts is always a clear sign of someone with very little personal filehost experience. MU was one of the choices avoided by uploaders with a focus on making money, because it was way too hard to get paid using them.

    --
    Do what thou wilt shall be the whole of the Law ::: Love is the law, love under will
  25. Re:Darn you Google! by Half-pint+HAL · · Score: 2

    I distinctly remember reading allegedly leaked emails in which MegaUpload staff discussed selecting specific uploaders to offer financial incentives to upload more, and it was alleged that they knew full well that these uploaders were not quite legit. This is what made MegaUpload the easy target for the copyright litigation lobby. NOT that they're sharing profits, but that they (allegedly) were knowingly and actively complicit in the sharing of infringing goods. If this is proven wrong, fine. But the allegation is that MegaUpload went beyond other hosts.

    --
    Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'