Topic: Nintendo Wises Up

[UncleBob]

http://gigaom.com/2012/01/19/megaupload-indictment/

If this is true, would anyone here still come out in the defense of MegaUpload?

[oohhboy]

Things against Megaupload may not be as cut and dry as one might think. The short version the prosecution may have issues proving intent and some of their evidence are questionable catch 22 along with significant technical misunderstandings. From a pure copyright violation stand point, it's shaky and can set some nasty precedents since it's attacking some very key technical concepts. Also ICE and DOJ have a very poor record on dealing with the net.

Unfortunately the authors expertise doesn't extent to the other charges which is more likely to stick.

If you have nothing productive to say TJ, shut the hell up. Not once have you ever posted something that supports your position other than "I said so".

[Stogi]

Promoting stolen copyrighted material is wrong, but if they aren't liable for what's uploaded and there is no record of money going to those who upload copyrighted material, then they really have no case. The worse they can do is try and go after the money. But that might be the most legitimate part of it considering it is a subscription based model.

[Chozo Ghost]

http://gigaom.com/2012/01/19/megaupload-indictment/

If this is true, would anyone here still come out in the defense of MegaUpload?

If they were in on it like that stuff says then no, I won't defend them. That doesn't change the fact that SOPA is bullshit, however.

[NWR_insanolord]

They ran a service that let people upload whatever they wanted. I'm sure they were aware that it was used for piracy, but what were they supposed to do about it? Should they have scanned all the files people uploaded to see if they infringed on copyrights? They complied with DMCA takedown notices when they got them, which is all they're legally required to do.

[BranDonk Kong]

Yeah, but according to UB's link, they rewarded some people for uploading movies and such, and even used their own service to download shows and movies...although technically didn't they own everything that got uploaded?

[Chozo Ghost]

They ran a service that let people upload whatever they wanted. I'm sure they were aware that it was used for piracy, but what were they supposed to do about it? Should they have scanned all the files people uploaded to see if they infringed on copyrights? They complied with DMCA takedown notices when they got them, which is all they're legally required to do.

From Uncle Bob's link:

Other emails show how executives discussed cash rewards for uploaders who had provided specific DVDs and other copyrighted works.

Further emails show how some of the executives scoured their own service to download copies of The Sopranos  and various music albums.

The indictment even includes chat logs with conversations between company executives, which include statements like: “we have a funny business . . . modern days pirates �

Some of the emails show that MegaUpload had an interesting policy on when to follow take-down requests. When asked by Warner to take down files, the site’s CTO wrote in an internal email: “We should comply with their request — we can afford to be cooperative at current growth levels.�

If all that is true, it is pretty damning. It seems like they not only knew about the piracy but even encouraged it with cash rewards, and made use of it themselves by scouring their site for Sopranos and stuff. So they are equally guilty of the copyright infringement as the uploaders of it.

[NWR_insanolord]

I didn't see that. Yeah, that does change things if it's true.

[Chozo Ghost]

The timing of this raid was pretty weird with SOPA and all that protesting against it going on. I wonder if it was just a coincidence, or if the powers that be decided to do the raid at that time for some reason? They were investigating them for 2 years, but only acted now with SOPA in the news? Could be just a coincidence, but I don't know.

[nickmitch]

Probably just a coincidence. I can't really see any benefit to waiting until all the SOPA/PIPA hoopla to push this case forward. Sitting on evidence like that costs time and money, which could end up hurting the case in the long run. And a 2 year investigation isn't that long of a time to gather evidence. You gotta have a strong case to begin with or you could lose the culprit forever.

[oohhboy]

SOPA's not dead yet: the 6 things every game developer needs to know. Mona Ibrahim has once again provided some excellent brain food with her legal expertise. Link contain what the label on the can says.

[oohhboy]

In related news, the MPAA has publicly threatened politicians for not staying brought.

Chris Dodd and the MPAA/RIAA can go suck on a log with their collective ass. His failure is now complete.

[UncleBob]

In related news, the MPAA has publicly threatened politicians for not staying brought.

I don't want to get into a political discussion on here, but is it surprising that someone would come out and say "Hey, if you don't support my positions, I'm not going to support your campaign."?

[oohhboy]

You have to understand in any other democracy, the everyday behavior exhibited in Washington would be considered bribery, blackmail, incompetence and corruption. Sure it happens here too from time to time, but it's illegal and it isn't a everyday process. People start going to jail or get kicked out of parliament and things get investigated.

Throw in the description of how government works in the US found in the NWR Podcast Star Wars Porn, it's insane the US should ever pass any laws since the whole thing is a marketing exercise. I have seen the some of the debates that go on in committees and it's mind blowing how completely ignorant the people talking about the issues are. They don't brief themselves in anyway, waffle on with irrelevant anecdotes, positions are given with no regard to expertise or even as an interest as a hobby, people talking in circles of cover your ass speak. I don't expect them to be an expert at everything they do or read every bill in it's entirety, but it's like watching a room full of brain damaged mouth breathers a lot of the time. It's a miracle anything gets done, good or bad.

It is surprising as this doesn't happen anywhere else that considers itself and is democratic. There would be rioting in the streets. It surprising as this mind set has been slow boiled into the system slowly and for so long that it's considered normal and legalised.

So to answer your question, yes, it's surprising.

[Ceric]

There was rioting in the street.  Its just soooo Diffused and removed from where the people who actually have the power are its like a fart in a Stadium and its chances to effect the whole Stadium.

[UncleBob]

I'm not saying that I agree or disagree with a lot of what you're saying - but you're really surprised that people would come out and say "I'm not going to support politicians who don't have the same political beliefs I do."?  Or do you feel that everyone should be forced to support every candidate equally, regardless of their individual sets of beliefs?

[TJ Spyke]

Um, what is the news here? For decades, companies (and people) have based their decision to make contributions based on whether the candidate supports or opposes certain things. This happens in other countries too, pretty much any country where politicians get elected. It should not be surprising that the MPAA will not support candidates who who don't try and stop online piracy.

[Chozo Ghost]

The U.S. Congress: You will never find a more retched hive of scum and villainy.

[NWR_insanolord]

It takes on a bit of a different tone when the company threatening to stop giving them money is the same one that wrote the bill and really the only one still pushing it. It implies that they were giving the legislators money specifically so they would pass a horrible bill that they put together that only benefits them. Not technically illegal, but incredibly sleazy.

[UncleBob]

There are plenty of people who cast their support and votes based on a singular issue (not going to mention them, as we're already borderline political talk here).

If Jane Doe puts together a petition to save the purple bellied fleas and threatens to boycott any politicians that don't support her efforts, no one would blink an eye.

In this case, these people (who work for/represent various media companies) are saying *THIS* is the issue most important to us.  If you don't support it, we won't support you.

Of course these various media companies wrote the framework for the legislation and are pushing it.  It's something that virtually only effects and interests them.  I don't see anyone on this forum working to write up legislation to help lower piracy rates.

And, again, I'm against SOPA - it's bad legislation.  But I also see no issue with individuals or groups of individuals determining which political issues are important to them and supporting candidates that have a similar political agenda/outlook.

[Chozo Ghost]

If Jane Doe puts together a petition to save the purple bellied fleas and threatens to boycott any politicians that don't support her efforts, no one would blink an eye.

No one would care because that would be an environmental issue and it is obvious no one cares about the environment because everyone continues to burn up fossil fuels and waste electricity as usual, even though the temperature right now in what is supposed to be winter is far warmer than usual. The ice caps are melting and the polar bears will become extinct, but no one cares.

Someone pirating a few mp3s or video games on the internet? That's what people care about. Congressmen will get off their fat lazy asses to do something about that, but not the stuff that effects common people or the planet as a whole.

[UncleBob]

If Jane Doe was throwing boatloads of cash at those who supported her movement to preserve the purple-bellied flea, you'd best believe there would be a boatload of elected officials moving in to support the movement.

As for the last part of your comment, let's be grown adults and be honest - this isn't about "Someone pirating a few things..."  It's about a large segment of the population pirating massive quantities of copyrighted material.  Your attempts to trivialize it only show how little you really understand the situation.

[NWR_insanolord]

Let's be honest here. The only reason SOPA and PIPA got as far as they did was because of how much money those industries contributed to the politicians. Neither side is making any attempt to hide that. That's what people have a problem with here. I'm not arguing they don't have the right to do what they're doing, because they certainly do, but you have to see how sleazy it comes off. This kind of thing is exactly why we need to get all private money out of politics.

[UncleBob]

Let's be honest here. The only reason SOPA and PIPA got as far as they did was because of how much money those industries contributed to the politicians.

A) Of course - no one else is going to be working with politicians to slow down/stop piracy.
B) I think it says more about our political system that it takes boatloads of campaign cash to get politicians to consider one's issue.

[NWR_insanolord]

No argument on the second point, which is why I said what I said in my last sentence. I suppose it's the same argument people make defending the Yankees in baseball: you can't really blame them for taking advantage of the way the current system works. We need to change the political system (and institute a salary cap in Major League Baseball).