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  Reply # 588578 29-Feb-2012 21:47 Send private message

freitasm: Changing the subject a little, and perhaps to show how much intrusion in other countrie's is happening: US authorities seized money used in legal transaction between buyer and seller in two European countries, just because the money was routed through a bank clearing house in the US.

That is unbelievable. What method would the Danish man have used to pay the German distributor, the equivalent of Western Union, or just an ordinary bank? I'm always nervous about having money stored in a Paypal account since it isn't a bank, and could just decide to keep my money for some reason. Like if I tried to buy cuban cigars for example.

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  Reply # 588894 1-Mar-2012 14:55 Send private message

I also have another question related to the cigar money seizure. How did the US department who seized the money have any idea that it was money being used to buy cigars? Was it because the account of the German distributer had already been flagged as doing business with Cuba?

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  Reply # 588965 1-Mar-2012 16:36 Send private message

Why should someone living on Germany have their account flagged for doing business with Cuba. Is it illegal in Germany to do business with Cuba??




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  Reply # 588995 1-Mar-2012 17:39 Send private message

No, it's not illegal. The problem is the money went through some bank in the US, and they report any transaction over US$10,000 to the Federal Reserve.




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  Reply # 589274 2-Mar-2012 11:14 Send private message


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  Reply # 589298 2-Mar-2012 11:32 Send private message

Was a good watch.

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  Reply # 589302 2-Mar-2012 11:34 Send private message

My wife who didnt care a rats about the whole thing and didnt understand what Megaupload was decided there and then it was jackup by the US govt :)

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  Reply # 589306 2-Mar-2012 11:37 Send private message

kiwitrc: My wife who didnt care a rats about the whole thing and didnt understand what Megaupload was decided there and then it was jackup by the US govt :)


I still think it is a big setup by the US, trying to find a escape goat for a dying industry.
 




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  Reply # 589317 2-Mar-2012 11:50 Send private message

I fully support the idea that this is an industry-driven exercise (because the USG is owned by the corporations anyway). What remains to be seen is whether Megaupload covered their legal bases sufficiently to prevail in court. 

The content industries have yet to understand just how much the world has changed. Their old methods just will not work anymore. Time to adapt. 

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  Reply # 589318 2-Mar-2012 11:51 Send private message

I saw the interview last night and thought it was very good, Kim made a valid point that came up when Section 92a was discussed, the problem around how a movie or TV series can come out in the USA and us in New Zealand have to wait something like 12 months to see it, so of course people will download to keep up to date with the states

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  Reply # 589321 2-Mar-2012 11:56 Send private message

I agree in part, but at the end of the day, while he is running his business behind the 3rd party law, the vast majority of use on MU is piracy, and KDC knows that. Legally, it is the intention that will be tested in court.

Simplistically, if efforts were made to keep the Hong Kong servers containing the legit use of MU, that is an intention to be operating his business in a legal way. That the servers in HKG are outside a US search warrant, that looks dodgy. If MU was run in a legit way, the servers should be in the US, where they are open for a search warrant and as he would make an effort to keep the servers clean, an open result. The examples of YouTube and Google are flawed. Those services are clean, with the expected incursions by a few, that are cleared. I see MU as heavily holding copyright data, that is my differentiation. If KDC wanted to maintain his business as a legit and welcome service for managing large files, he isn't showing that as his clear intention IMO

He may get off this, due to the 3rd party law that protects him from the actions of his users, but to me it comes down to intent on his part. The interview shows he wants to run a legit business, and that it is affected by his users, I see little or no intent to keep his business clean.

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  Reply # 589322 2-Mar-2012 11:59 Send private message

DjShadow: I saw the interview last night and thought it was very good, Kim made a valid point that came up when Section 92a was discussed, the problem around how a movie or TV series can come out in the USA and us in New Zealand have to wait something like 12 months to see it, so of course people will download to keep up to date with the states


That is a very very valid point, but it is also justifying piracy.

Do you support MU's business of providing a service for filesharing of legit files? I do. But that part of his service is not being questioned, however shutting off those legit users is a MAJOR concern

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  Reply # 589349 2-Mar-2012 12:52 Send private message

nzlemming:What remains to be seen is whether Megaupload covered their legal bases sufficiently to prevail in court.


I have no doubt that the USG will rig juries, pay off judges etc - whatever it takes to put KDC away, make an example out of him and help maintain the significant funding that the big movie studios give political candidates campaigns.

NZ needs to stop helping, and needs to stop chasing a free trade agreement with the USA. While there may be some economic benefits of doing so, it is very clear that NZ would be at the (ongoing) mercy of the USA on all kinds of policy.

It is becoming increasingly apparent the level of corruption happening within the US political scene, and NZ is being caught up in this.

If I was the judge on any of the bail hearings, I would be telling the prosecution to get the f*** out of my court room and stop wasting everyone's time with this obvious farce of a case




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  Reply # 589356 2-Mar-2012 13:04 Send private message

tdgeek:
DjShadow: I saw the interview last night and thought it was very good, Kim made a valid point that came up when Section 92a was discussed, the problem around how a movie or TV series can come out in the USA and us in New Zealand have to wait something like 12 months to see it, so of course people will download to keep up to date with the states


That is a very very valid point, but it is also justifying piracy.

Does it justify it? It is just and only an explanation of the motivation.

tdgeek: The examples of YouTube and Google are flawed. Those services are clean, with the expected incursions by a few, that are cleared. I see MU as heavily holding copyright data, that is my differentiation.

With respect, I think you are completely incorrect there. There are many full episodes of TV shows on youtube (broken into 10 minute chunks) not screened in NZ yet.

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  Reply # 589368 2-Mar-2012 13:17 Send private message

I think it is a bit premature to be claiming KDC is innocent and suggesting the judge should throw the matter out.

There was an interesting article on the BBC webiste a week or so ago that stated that there was evidence that MU had not actually removed all infringing files when requested and had simply renamed them or something similar to keep them on the server. There is also further information in the original indictment about the actions of MU paying contributers to the site for providing pirated material and email exchanges between KDC and other management which showed they knew full well they could be up the creek if the authroities became involved.

There was also a good writeup on the TV3 website about KDC and his history including other brushes with the law.

Whether you agree with copyright law or not is irrelavant in the legal proceedings currently before the court. The court are not going to take public opinion into account, they are going to apply the law as it currently stands. People can go and sit outside the hearing in August with their "Free KDC" signs but it won't make any difference, if the court feel that the law has been broken and it fits within the extradition agreement then he will be extradited.

If you really feel so strongly about copyright law write to your local MP, start a facebook group etc. Complaining about governments applying existing laws will get you nowhere.

So this isn't about US government/movie studios conspiracy theories, this is simply about the US goverment trying to apply the law as they see it.

I have made my feelings about copyright/piracy clear in prior posts so I wont repeat them here but I would rather wait until after all the evidence has been presented before I decide on the justification of the charges KDC is currently facing.

On a side note I am glad the judge gave him bail albeit with conditions, 7 months in jail whilst awaiting an extradition hearing would be over the top for this tyope of offending.

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