Men who helped run Megaupload sentenced to prison in New Zealand
abcnews.go.com
abcnews.go.com
Given how long this has dragged on for the real victims are the New Zealand taxpayer.
Disclaimer: actually I do think NZ fares better than many countries on this so let me know if my cynicism is misplaced.
the us and copyright bs is an iconic duo which i hate, but going after piracy is whatever compared to destroying democracy and freedom and pushing people to support legitimately evil empires
I'm not saying their arguments have merit, or that people should listen to what they say (actually the opposite, which is incredibly tragic with Snowden). Just that their downward spirals are understandable.
At the time he was fleeing the US and Russia thought they could stick it to the yanks. Believing Snowden is pro an even more authoritarian government means you have no idea what the guy stands for.
Much easier, and a lower bar, to hold the corporate entity liable.
Passing such a set of laws seems like a pipe dream at best, though.
"wildly popular pirating website Megaupload"
and
"the victims of Megaupload"
With:
"After their 2012 arrest, Dotcom and the other two men set up a legitimate cloud-storage website called Mega."
Maybe I'm a little bit soft on the whole copyright infringement thing, and maybe time has blurred my memory, but I don't really separate Megaupload and Mega. I thought they were both just online storage lockers.
The primary difference, as far as my understanding, being that the US was really focused on copyright infringement as a top priority evil back when Megaupload existed, and a low-level annoyance in the time of Mega.
I also think Kim Dotcom isn't exactly the kind of person we'd encourage our kids to grow into, but what the US and NZ authorities did to him, raiding his home, where there were children present, with semi-automatic weapons out, is a far worse criminal act than any scale of copyright infringement.
KDC isn't someone I would ever want to feel sympathy for, but the US authorities made it happen.
As far as I understood Megaupload's business plan was selling "fast" download access to pirated material. I don't care much about piracy, but intentionally making money on it seems somewhat disgusting to me.
I consider Mega a legitimate cloud storage service. Nevermind what I think about the fiunder, I find it to be one of the most privacy minded services, so I support it and wish it well.
[0] https://www.washingtonpost.com/wp-srv/business/documents/meg...
However, what formerly_proven says is correct for the public face of Megaupload.
The interesting case study would be whether, if the public facing business plan wasn't corrupted by private communications indicating the encouragement of privacy, would Megaupload have been a successful, profitable, and lawful enterprise?
Is the continued existence of Mega the equivalent of such a case study?
If yes, then is the only difference that the founders learned their opsec lessons?
(This is kinda where I struggle to separate the two)
The infrastructure might be similar, but the packaged product is different.
"Pay us and you can upload your files and access them anywhere / share them" vs. "Upload files that other strangers will be interested in so much that they will pay for access".
Also, unless I'm wrong Megaupload was indexed and searchable. While to access a Mega file one needs a direct link and these are usually not posted around on the public web. At least I don't see them that much.
Although I believe you that a record of communication proving intent is the most damning part in the eye of the law.
The indictment said it was not searchable by the public.
I'm still amazed the IA is getting away with hosting some of the stuff it is right now, honestly. I love it, but I am mentally preparing myself for it changing substantially eventually. All it's going to take is probably something like the wrong Nintendo IP appearing in the site for a while and the scent attracting Nintendo's lawyers, or similar. If there's content you want, I'd download it while you still can.
Longer term, I'd love for the IA to get recognized in US law and some rules to make it easier to archive/share certain types of older software/digital IP without the worries we have today, but probably a pipe dream.
They're literally one of the Five Eyes...
The original Megaupload was built to take advantage of the market opportunity existing in the grey area between copyright infringement and personal sharing. They were not trying to make something illegal, instead they were trying to make something as close as possible to illegal while still being able to argue that they are technically legal, which they failed, as the powers-that-be decided that they crossed the line into illegality and persecuted them. After the failure of Megaupload they tried to do the same thing again with Mega, but armed with the new knowledge of what is now considered clearly illegal, what will get the persecutors knowing on your door, they redesigned the new product to not cross those new lines.
More specifically, Megaupload fell because it was provable that they knew about the individual instances of piracy, so they designed Mega around end-to-end encription, so Mega users can still pirate things but Mega can always claim ignorance as a defense. There was/is no difference in persecutor priority in regards to copyright (copyright infringement is still a top priority evil today), just a difference in what they can prove against those two different companies.
It's a pretty weak case with _horrible_ execution, but given the magnitude and size of mega/rapidshare at the time, something had to be done because it was getting out of hand.
"persecutor priority"
so hopefully a typo
The legal problem was that the prosecutors had proof that Megaupload employees were encouraging piracy. If Megaupload were in the US, they'd probably also be in trouble for violating the DMCA takedown process rules, but that law doesn't apply in NZ.
It wasn’t about money or any illegal activity. Just a very very mentally unstable ex-wife.
Afroman - Will You Help Me Repair My Door
I'd definitely vote guilty on "emotional distress", "warrantless search" and "criminal negligence" if I was on the jury though.
Apparently a wellness check gives the police PC to enter the premises.
It also had to do with popularity, I recall reading back then that MU was like a two-digit% of internet traffic, it was BIG. I don't know about other countries but in Mexico everybody was downloading stuff from there, some (pirate obv.) movie websites were nothing more that a shitty frontend that streamed content right from MU. When the US (RIAA and whatnot) shut down MU it was a huge blow against piracy.
Mega(.co.nz) could have been an exact clone of MU including the content and still no one really cared to move there, so the copyright mafia didn't even bothered.
For example, if all you knew about Theranos was that Elizabeth Holmes was an archetypical sociopath CEO who ran a fraudulent blood testing company, then an uncritical reading of a headline like "Elizabeth Holmes appeals compensation payments to Theranos victims" might pull on your heartstrings - that damn sociopath sold fraudulent blood tests to cancer patients and now she's stiffing them for the compensation she owes them! But if you have a bit more context on the case, then you know that her "victims" were actually some of the richest, most powerful people in the world, like venture capitalists with billions of dollars under management, and war criminals like Henry Kissinger and former members of the Intelligence Community. They failed to do any due diligence, and were duped into investing other people's money into a founder selling vaporware. Instead of cutting their losses, they leveraged their power to weaponize the media and justice system to enact their retribution on her.
The same applies here. The only "victims" of Megaupload are massive corporations with teams of lobbyists who have spent decades capturing politicians to protect their monopolies by legislating barriers to entry and criminalizing threats to their otherwise fragile business models.
Meanwhile the users of Megaupload just want to watch some movies, but the corporations can't figure out how to distribute their content in any reasonably usable or affordable way. So instead of fixing their business model, they deputize their pocket politicians to prosecute the only people who managed to provide what the users actually wanted.
So yes indeed, it's hard to muster much sympathy for the "victims" of Megaupload, aside from the innocent users of the service who just want to pay some reasonable amount of money to watch movies and TV shows.
This was what allowed the prosecutors to bring out racketeering charges, bring the full RICO act to bear, etc.
Say enough random shit over time (pretexting) and some of it will resonate with the crazies and the ignorant.
The truth doesn't even matter these days; it's entirely about influencing public perception.
https://www.stuff.co.nz/national/crime/300905942/megaupload-...
Is it the same kind of victim as in this study of the EU?
https://gizmodo.com/the-eu-suppressed-a-300-page-study-that-...
How much did small business revenues increase after Megaupload was shut down?
People are dumping whole movies on Twitter right now. So Twitter staff should go to jail?
Nobody should go to jail for piracy period.
Hope I made my point clear.
Who said that? Nobody should be punished for internet piracy.
11 years, how exhausting. I can't imagine. Both were sentenced to a little over 2 years, I wonder how their sentencing would have changed if they would have been extradited?
There are rare exceptions, like with the Rodney King cops (prosecuted federally as civil rights violations instead of aggravated assault, etc. so as also to deny SCOTUS any opportunity for review on double jeopardy grounds).
As for avoiding the Supreme Court, the case of really tightly matching prosecutions and whether that violates double jeopardy has already happened: the court upheld "separate sovereigns" in Gamble v. US in 2019, a case where both the state and federal government charged someone with illegally possessing a gun as a felon, based on a single traffic stop.
That said, it is much more complicated than that: http://opiniojuris.org/2019/08/30/the-u-s-supreme-court-on-i...
Kim just peddles propaganda now.
But then I'd probably piss on him if he wasn't on fire too.
:)
Would be fine if we had a discreet car, but he had a big Black G-Wagon with the number plate DOTCOM. Seems like he doesn't own the plate anymore: https://www.carjam.co.nz/car/?oplate=DOTCOM&plate=D0TC0M
Hope that clears up your confusion.