|
|
If a US citizen had a server in China and shared copyrighted content on it I guarantee you US authorities would prosecute them in the US. So I call BS.
At the end of the day its just whatever argument serves the interests of the copyright cartel and that is almost always persecution in the US.
Of course they would. How does that contradict also prosecuting people that do business with US companies and host their servers in the US?
If "promoting copyright infringement" was a crime, then all broadband providers would be shut down long ago. There needs to be a criminal intent, which is very hard to prove.
I don't know any ISP that does such. Care to point out who openly promotes copyright infringement?
First, let's not confuse the recent raid with MegaUploads lawsuit against Universal. Universal took down MegaUpload's advertising video from YouTube by abusing YouTube's system for DMCA takedows. When faced with the fact that MegaUpload's ad contained no infringing material, Universal turned around and denied that it was a DMCA takedown. Clearly, Universal does not want to take responsibility for its actions.
And since it was a deal between YouTube and Universal, there was no DMCA laws involved. If the deal included Universal's ability to remove any file they wish, so be it. If not, it's to be resolved between YouTube and Universal. Not that I like that deal, but regarding to law, there is nothing wrong being done.
Nonsense. They also have servers in the Netherlands, so why does it fall under American law and not Dutch?
Depending on Netherlands laws, I guess it might. Do you want them to be prosecuted in both USA and Netherlands?
r.
On or about February 5, 2007, VAN DER KOLK sent an e-mail to ORTMANN entitled âoereward paymentsâ. Attached to the e-mail was a text file listing thefollowing proposed reward amounts, the Megaupload.com username, and the contentthey uploaded:
100 USD [USERNAME DELETED] 10+ Full popular DVD rips (split files), a fewsmall porn movies, some software with keygenerators (warez)
100 USD [USERNAME DELETED] 5845 files in his account, mainly Vietnamesecontent
100 USD [USERNAME DELETED] Popular DVD rips
100 USD [USERNAME DELETED] Some older DVD rips + unknown (Italianserries?) rar files
1500 USD [USERNAME DELETED] known paid user (vietnamese content)
On or about February 21, 2007, VAN DER KOLK sent an e-mail toORTMANN entitled âoe2 reward payment files.â Attached to the e-mail was a file containingMegaupload.com usersâ(TM) e-mail addresses and reward payments for that time period, whichranged from $100 to $500. For one user that was paid $300, VAN DER KOLK wrote, âoe30849files, mainly Mp3z, some copyrighted but most of them have a very small number of downloadsper file.â For other users, all of which were selected for reward payments of $100 by the MegaConspiracy, he wrote the following: âoeOur old famous number one on MU, still some illegal files but I think he deserves a paymentâ; âoeLoads of PDF files (looks like scanned magazines)â; âoelookslike vietnamese DVD ripsâ; âoeThis user was paid last time has mainly split RAR files, howevermore than 50% deleted through abuse reports.â
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)
This is not necessary. If you read the DMCA it is enough to simply remove *access* to the content.
However, it matters because MegaUpload used hashes on all the files and if someone uploaded the same file again, they only made a new reference to it. At the same time when they got DMCA notice they didn't remove all the urls associated with the file, but only the one that received the notice. That clearly shows intent of keeping as many copies of the file online while only removing the one that has been detected by the copyright owner. Even more problematic is the fact that they did have this system in place because they did it for files such as child porn. But because copyrighted content was such a major income stream for them, they tried to get away with it in that special case.
Beware of friends who are false and deceitful.
