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  Reply # 1074513 25-Jun-2014 19:44
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Yabanize:
Glassboy:
Yabanize: 

Yes, That is correct, They removed the infringing links that were reported, But they did not remove other instances of the same file. They didnt do this because other people could've legitimately brought the song or movie etc and stored it in their mega upload account, meaning innocent users lose their files. 


You need to look "instance" up in a dictionary.  If there are instances of a file removing one does not remove other people's access to the file.  Also I am pretty sure that there is evidence that not only did they just make a cosmetic attempt to appear to comply with the takedown, they also shared access to copyrighted material internally.


Sorry to be confusing, Okay, there are two things going on here When a file was uploaded to megaupload.com, a system checked if the file the same as that already existed on megaupload, If it did, instead of saving it again, they simply linked to the existing one. This would've saved alot of hard drive space. When a takedown request was submitted, They blocked or deleted that particular link, not the file

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


This has not been decided in court so it cannot be said that compliance had been met.




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

 

 It's our only home, lets clean it up then...

 

Take My Advice, Pull Down Your Pants And Slide On The Ice!

 

 


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

 
 
 
 


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

 

 It's our only home, lets clean it up then...

 

Take My Advice, Pull Down Your Pants And Slide On The Ice!

 

 


gzt

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  Reply # 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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  Reply # 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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  Reply # 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.

 

 It's our only home, lets clean it up then...

 

Take My Advice, Pull Down Your Pants And Slide On The Ice!

 

 


gzt

9386 posts

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+1 received by user: 1359


  Reply # 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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  Reply # 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.

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