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2157 posts

Uber Geek


  # 2003384 27-Apr-2018 10:51
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frankv:

 

freitasm:

 

rugrat: I still don’t get what he was doing was illegal. There are other file sharing sites on internet. You Tube as already pointed out has copyright stuff on it, yet no one is going after these.

 

 

The problem was the alleged kickbacks paid to people who uploaded the content for sharing. This would break the safe harbour he had.

 

 

I think also that, when multiple people uploaded the same file, MegaUpload would only store it once, with multiple links to it. When RIAA identified an illegal upload, the link to the file would be deleted, not the file itself. RIAA would have to identify all the illegal uploads to get the file removed.

 

I suspect also that this was a bit of a test case; if they could nail MegaUpload, a cease-and-desist letter to another file sharer would be much more likely to have the desired result.

 

 

 

 

Sounds like it would be a great thing for efficiency of storage. Deleting all copies of the same file could be wreckless, for example what if someone has bought that mp3/movie for themselves and were storing it in Megaupload for their personal use (Remember MegaUpload was the predecessor to Dropbox/Google Drive) Members of the movie and music industry also used MegaUpload to transport files between each other, so what if their copies got deleted?

 

Heres some info on Viacom vs YouTube

 

Yes, it seems YouTube bent over backwards for Hollywood, policing it themselves now with content recognition when it shouldn't actually be their job and isn't required by the law


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  # 2003459 27-Apr-2018 12:55
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kryptonjohn:

 

DaveB:

 

driller2000:

 

I had/have some sympathy for DotCom - for a couple of reasons:

 

1. The police have been dodge in their prosecution - illegal spying by them, invalid search warrants + illegal seizure of assets (subsequently overturned), withholding of evidence for his defence team etc.

 

2. If his version of events is correct ie. that he did take-down content that was claimed by others - and more than that, he gave these same organisations direct access to their servers so they could delete offending content as well - then that is a defence argument worth running. Possible challenges to seizure of assets in other territories ie. Hong Kong - suggest other courts see flaws in the prosecution case.

 

3. The raid was completely over the top - Armed Raid + 76 Cops + 2 Helicopters ?? - he's a large wealthy German - not Dr No.

 

4. The way our govt of the day kow-towed to the US was embarrassing - esp re extradition to the US. It should have been done in accordance with fair and due process. Clearly they haven't - or we wouldn't be tied up in knots 6 years later.

 

 

 

Comments:

 

Yes I know MegaUpload was used for sharing copyrighted material. But his claim that you give the speeding ticket to the driver of the offending car - NOT the owner of the road. 

 

 

 

So yeah ....he is great example of greed and excess - but whatever - he has right to justice like we all do - and to date I don't think that has been the case.

 

 

Best post I have seen on Geekzone about Kim Dotcom. Well done.

 

 

The owner of the road analogy was not that good. A better analogy would be ticketing the owner of a road that offered drivers a financial inducement to speed.

 

 

 

 

The issue is that the US are trying to nail him for mega upload - yet their own Safe Harbor(sic) Act gives him protection by saying that an ISP or similar cannot be held to account for traffic traveling through their system or the use made of their system.

 

An analogy is Spark getting prosecuted for child porn because a pedophile used them as their ISP. When they pedophile views porn that porn travels through and is stored (cached servers) in Sparks equipment so the reality is they have and store child porn.

 

Mega Upload did comply with requests to remove materials and so fulfilled their obligations under the law.

 

The unspoken issue is KDC giving a nod and a wink to the whole process. He pitched his services in ways that encouraged copyright breaches and was cynically obeying the letter of the law while completely flouting the spirit of the law.

 

 

 

That said, no matter how heinous anything KDC has done ( Allowing music and videos to be stored on his servers just like Youetube and a ton of others who also breach the copyright acts) , that doesn't make righteous any action against him at any cost. NZ is in gross breach of many of our own laws - and that needs to be dealt with harshly to safe guard what we hold as important - e.g. integrity of police process and equal justice for all. KDC might have more advantages than some, but the police and other breaches went well beyond the norm to work against him.

 

 





nunz

 
 
 
 


793 posts

Ultimate Geek


  # 2003524 27-Apr-2018 14:08
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frankv:

 

freitasm:

 

rugrat: I still don’t get what he was doing was illegal. There are other file sharing sites on internet. You Tube as already pointed out has copyright stuff on it, yet no one is going after these.

 

 

The problem was the alleged kickbacks paid to people who uploaded the content for sharing. This would break the safe harbour he had.

 

 

I think also that, when multiple people uploaded the same file, MegaUpload would only store it once, with multiple links to it. When RIAA identified an illegal upload, the link to the file would be deleted, not the file itself. RIAA would have to identify all the illegal uploads to get the file removed.

 

I suspect also that this was a bit of a test case; if they could nail MegaUpload, a cease-and-desist letter to another file sharer would be much more likely to have the desired result.

 

 

 

 

 

 

Yep MU hashed each file uploaded to save storage space and not store duplicates, that being said if you look at the MP3Tunes legal case(extremely similar in terms of file storage methods and DMCA law arguments) the failure to delete the file(or remaining links to it) did not exclude them from safe harbor protection iirc. I could be wrong but my memory was they won their case but ultimately lost with a personal damages claim against the founder.

 

 

 

Whats interesting about todays cloud services(dropbox, google drive etc) is they also hash the files uploaded and block the option to 'share' any file that has received a valid dmca claim against it. I guess that avoids the issue entirely.


2157 posts

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  # 2003678 27-Apr-2018 17:13
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loceff13:

 

frankv:

 

freitasm:

 

rugrat: I still don’t get what he was doing was illegal. There are other file sharing sites on internet. You Tube as already pointed out has copyright stuff on it, yet no one is going after these.

 

 

The problem was the alleged kickbacks paid to people who uploaded the content for sharing. This would break the safe harbour he had.

 

 

I think also that, when multiple people uploaded the same file, MegaUpload would only store it once, with multiple links to it. When RIAA identified an illegal upload, the link to the file would be deleted, not the file itself. RIAA would have to identify all the illegal uploads to get the file removed.

 

I suspect also that this was a bit of a test case; if they could nail MegaUpload, a cease-and-desist letter to another file sharer would be much more likely to have the desired result.

 

 

 

 

 

 

Yep MU hashed each file uploaded to save storage space and not store duplicates, that being said if you look at the MP3Tunes legal case(extremely similar in terms of file storage methods and DMCA law arguments) the failure to delete the file(or remaining links to it) did not exclude them from safe harbor protection iirc. I could be wrong but my memory was they won their case but ultimately lost with a personal damages claim against the founder.

 

 

 

Whats interesting about todays cloud services(dropbox, google drive etc) is they also hash the files uploaded and block the option to 'share' any file that has received a valid dmca claim against it. I guess that avoids the issue entirely.

 

 

One could so easily modify the file a tiny bit to get a new hash in the same way they split up a file into many to get around the 100mb limit for rewards


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