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2228 posts

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  #1074515 25-Jun-2014 19:46
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We will have to wait and see then :)

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  #1074525 25-Jun-2014 20:11
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Yabanize: The digital millenium copyright act of 1998 says: Upon receiving proper notification of claimed infringement, the provider must expeditiously take down or block access to the material.

Which means mega upload has abided with the law, It does not say they must delete it or do the same with other links or instances of the same file

If this is what the act says (I haven't bothered looking) then by simply removing links megaupload didn't comply with the law as links are not 'the material'.

 
 
 
 


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  #1074526 25-Jun-2014 20:12
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Dratsab:
Yabanize: The digital millenium copyright act of 1998 says: Upon receiving proper notification of claimed infringement, the provider must expeditiously take down or block access to the material.

Which means mega upload has abided with the law, It does not say they must delete it or do the same with other links or instances of the same file

If this is what the act says (I haven't bothered looking) then by simply removing links megaupload didn't comply with the law as links are not 'the material'.


They blocked access to it 

gzt

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  #1074535 25-Jun-2014 20:33
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This kind of thing is usually decided by civil suits followed by settlements and agreements (sometimes before the suit concludes). The situation KDc is in is very different. The compliance thing you are talking about could well remain significantly undecided. As I understand it KDc is charged with the crime of 'criminal conspiracy' and that is key thing.

gzt

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  #1074540 25-Jun-2014 20:39
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Imo it's all a bit silly. If the FBI or whatever had bugged Youtube instead they would have heard some similar conversations and some similar internal watching/listening of copyright material.

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  #1074725 26-Jun-2014 00:15
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gzt: Imo it's all a bit silly. If the FBI or whatever had bugged Youtube instead they would have heard some similar conversations and some similar internal watching/listening of copyright material.


The would have heard people negotiating licencing deals with content owners.  Youtube is another situation all together.  Not representing Russell Brown as a journalist but he wrote about the recent nonsence recently http://publicaddress.net/hardnews/friday-music-fkyoutube/

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  #1074734 26-Jun-2014 01:33
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Heres an interview by TVNZ Q and A with Kim Dotcom about the internet party back in march if anyone is interested
http://tvnz.co.nz/q-and-a-news/watch-extended-kim-dotcom-interview-video-5879189

 
 
 
 


gzt

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  #1074815 26-Jun-2014 09:39
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Glassboy:
gzt: Imo it's all a bit silly. If the FBI or whatever had bugged Youtube instead they would have heard some similar conversations and some similar internal watching/listening of copyright material.


The would have heard people negotiating licencing deals with content owners.  Youtube is another situation all together.  Not representing Russell Brown as a journalist but he wrote about the recent nonsence recently http://publicaddress.net/hardnews/friday-music-fkyoutube/

Youtube is in a very strong position to negotiate because they have all the content ; ). They have existing relationships with record lablels, ironically in part because of previous litigation or planned litigation by those labels. At present YT is trying to close a deal with the indies by telling them no more advertising revenue until you agree to our terms for your content. That is not the only thing they would have heard. Instead of beginning civil litigation with Mega or opening negotiations, the record companies chose to use influence instead.

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  #1074836 26-Jun-2014 10:05
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Those of my generation will understand what I am saying. The Mega*.*  take downs etc were Claytons take downs.




Mike
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The views stated in my posts are my personal views and not that of any other organisation.

 

Be it ever so humble, there is no place like home.


gzt

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  #1074838 26-Jun-2014 10:08
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Even if that is/was the case, does this require anything more than civil litigation to sort it out and come to terms? Spying and helicopters seem a very bad way to resolve the issue.

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  #1074848 26-Jun-2014 10:25
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gzt: Even if that is/was the case, does this require anything more than civil litigation to sort it out and come to terms? Spying and helicopters seem a very bad way to resolve the issue.


Why do you assume anyone wants to resolve anything?  I'd read it more that Dotcom's business models suit no one but himself and so he becomes a target for everyone.

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  #1074887 26-Jun-2014 11:08
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gzt: Even if that is/was the case, does this require anything more than civil litigation to sort it out and come to terms? Spying and helicopters seem a very bad way to resolve the issue.


It made good television for the Americans tongue-out




Mike
Retired IT Manager. 
The views stated in my posts are my personal views and not that of any other organisation.

 

Be it ever so humble, there is no place like home.


gzt

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  #1074892 26-Jun-2014 11:15
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Glassboy:
gzt: Even if that is/was the case, does this require anything more than civil litigation to sort it out and come to terms? Spying and helicopters seem a very bad way to resolve the issue.


Why do you assume anyone wants to resolve anything?  I'd read it more that Dotcom's business models suit no one but himself and so he becomes a target for everyone.

I do not assume they wish to resolve anything. I'm just suggesting civil litigation is the appropriate route for the MPAA and RIAA to take.

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  #1074900 26-Jun-2014 11:26
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gzt:
Glassboy:
gzt: Even if that is/was the case, does this require anything more than civil litigation to sort it out and come to terms? Spying and helicopters seem a very bad way to resolve the issue.


Why do you assume anyone wants to resolve anything?  I'd read it more that Dotcom's business models suit no one but himself and so he becomes a target for everyone.

I do not assume they wish to resolve anything. I'm just suggesting civil litigation is the appropriate route for the MPAA and RIAA to take.


Not if you've broken criminal law which the FBI believe he has.

gzt

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  #1075093 26-Jun-2014 16:04
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Glassboy:
gzt:
Glassboy:
gzt: Even if that is/was the case, does this require anything more than civil litigation to sort it out and come to terms? Spying and helicopters seem a very bad way to resolve the issue.


Why do you assume anyone wants to resolve anything?  I'd read it more that Dotcom's business models suit no one but himself and so he becomes a target for everyone.

I do not assume they wish to resolve anything. I'm just suggesting civil litigation is the appropriate route for the MPAA and RIAA to take.


Not if you've broken criminal law which the FBI believe he has.

I would suggest that belief started with the MPAA and RIAA, and after a lot of lobbying was finally taken up by the FBI. Similar conspiracy charges could have been (and still could be) brought against any number of competitors including Youtube with this kind of approach.

Personally I expect the reason the industry took this extreme approach in the case of Megaupload was that MU was emerging as a viable competitor in the distribution industry. It appeared to me from the endorsements MU was getting and the people beginning to associate with it, that one or more major artists were seriously beginning to consider releasing via MU.

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