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[TF] Megaupload Can’t Come Back Online, U.S. Tells Court - Page 4

post #31 of 103
Quote:
Originally Posted by ketxxx View Post

Bottom line: if things become too difficult dotcom can just change the name of the service, then, while the service may provide the same service as megaupload did, because the service won't be called megaupload it can be argued dotcom isn't trying to restart megaupload but a new service entirely.. hence, nothing the courts can do about it really.

Well technically on that viewpoint, it is a new service. He's rewritten the whole thing by now I would imagine ( for the most part at least ). So changing the name would be a nice escape anyways smile.gif
post #32 of 103
This guy definitely isn't a hero. Let's be honest... you think he made mega for the people's sake? Yeah... and I work because I want to . He did it for the money. Comparing this man to Ghandi is a complete joke.

Now whether he deserves to go to jail, that's a different story. Guilty people go free everyday because the justice system effed their rights in some way. His case should be no different.
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post #33 of 103
Quote:
Originally Posted by b3machi7ke View Post

Quote:
Originally Posted by Gnomepatrol View Post

You don't get how the court/law system works do you.

I know it well enough to have never encountered any problems with it thumb.gif

Touche sir touche
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post #34 of 103
Quote:
Originally Posted by RiverOfIce View Post

I am sorry, but according to the doj the man willfully broke the law. You may not like the law, if you don't change it, but he broke the law. If you break the law you go to jail.

Yes, according to the DOJ. That does not mean he actually broke the law. Being accused of the a crime is NOT the same thing as being guilty of a crime. It is a very important idea that we have enshrined in our legal system in the US, as the "guilty until proven innocent" way of doing things is ripe for abuse. In fact many Islamist countries use such a guilty until proven innocent system. Is that the way we should do things RverOflce?
Quote:
Originally Posted by chuckycheeze View Post

This guy definitely isn't a hero. Let's be honest... you think he made mega for the people's sake? Yeah... and I work because I want to . He did it for the money. Comparing this man to Ghandi is a complete joke.
Now whether he deserves to go to jail, that's a different story. Guilty people go free everyday because the justice system effed their rights in some way. His case should be no different.
Yes, it was a joke. You thought that was a serious comparison?

So much ignorance and misunderstanding in this thread it is almost funny.
Edited by Mygaffer - 10/25/12 at 1:03pm
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post #35 of 103
Quote:
Originally Posted by b3machi7ke View Post

Doesn't matter, people have a perception that he is one of the strong fighting for the weak, he is a man of goodness fighting the evils of the world over. People like free stuff, they'll naturally gravitate to those who help them obtain what they want for free. Doesn't matter if it was Kim Dotcom or you or me, you provide people what they want they'll love you for it, and will hold you in high regard

You are way off base here. MegaUpload is a file storage and transfer site. There are many, many legitimate uses for these services. Our company uses a similar service and it is of great benefit for everyone to have access to the files they need and be able to quickly and easily share their work.

We already have a law called the DMCA which allows for copyright holders to take down infringing content. MegaUpload always responded to the take down requests and took down infringing material.

Sure there was a lot of pirated content on the service but there were also a lot of legitimate users too. The fact is that the way the DMCA is written means that company's like MegaUpload can only avoid liability if they don't police files themselves and just rely on DMCA take down notices. You only get safe harbor for user generated content.

So the main problem was created not by MegaUpload but by US copyright law. It does not matter whether Kim Dotcom is mother Teresa or the Devil incarnate, this case has nothing to do with how good of a person he is. The law should apply equally to all and due process should be respected. That is why people are upset.
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post #36 of 103
Quote:
Originally Posted by Mygaffer View Post

We already have a law called the DMCA which allows for copyright holders to take down infringing content. MegaUpload always responded to the take down requests and took down infringing material.

Actually they didn't! They went a step further and gave direct delete access to every major studio and software company. And I believe he's said somewhere he's only recieved 1 DMCA Notice something like 7 years ago near when they first started, and hadn't recieved any since, because he had implemented the system allowing them full access.
Quote:
Originally Posted by Mygaffer View Post

Sure there was a lot of pirated content on the service but there were also a lot of legitimate users too. The fact is that the way the DMCA is written means that company's like MegaUpload can only avoid liability if they don't police files themselves and just rely on DMCA take down notices. You only get safe harbor for user generated content.

Exactly.

And aside from the DMCA which requires him to take down infringing content, there's also several other privacy laws keeping him from rummaging through peoples files manually to do so. So he had to either wait for the users to report infringing links, or for a studio/company to send a DMCA Notice. If neither the users nor studios/companies did any reporting of the links, then he by law, had his hands tied and could not touch the files.
post #37 of 103
Quote:
Originally Posted by Mygaffer View Post

Yes, according to the DOJ. That does not mean he actually broke the law. Being accused of the a crime is NOT the same thing as being guilty of a crime. It is a very important idea that we have enshrined in our legal system in the US, as the "guilty until proven innocent" way of doing things is ripe for abuse. In fact many Islamist countries use such a guilty until proven innocent system. Is that the way we should do things RverOflce?
Yes, it was a joke. You thought that was a serious comparison?
So much ignorance and misunderstanding in this thread it is almost funny.

See my earlier post...No one is ever innocent until proven guilty. Never. Only in regards to sentencing since you cannot get life in prison until you are found guilty, but the system would allow for a person to spend their life in prison waiting for a verdict.

While court goes on you are assumed guilty. You may have to actually spend the time in jail, you may have your assets frozen, if let out on bail you cannot leave the jurisdiction of the court...ect. Sure, you may not be "guilty" yet, but your life does not continue on as normal and getting an innocent verdict in the end will not get any of your life back that the court proceedings has taken from you. You certainly never get to continue whatever activity got you arrested in the first place so you can play your court bills before a decision on the legality of the activity has been made. LOL...are you going to let a bank robber keep robbing banks to pay their lawyer?

The DoJ makes the laws so they get to decide what is a chargable crime. If the DoJ says you broke the law then you broke the law...unless you can prove other wise. If you don't try to defend yourself then you are assumed guilty and you are moved straight to sentencing.
Edited by Vagrant Storm - 10/25/12 at 1:23pm
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post #38 of 103
For anyone who wants to know how the police and government forces broke the law in pursuing Dotcom:

1. "Justice Helen Winkelmann found the warrants used to seize Dotcom's property were invalid because they were too broad. "These categories of items were defined in such a way that they would inevitably capture within them both relevant and irrelevant material. The police acted on this authorization. The warrants could not authorize seizure of irrelevant material, and are therefore invalid."

2. The Crown also revealed that police had handed seized hard drives to FBI staff who copied them at the police crime lab in South Auckland and sent the copies back to the US.[49] Justice Winkelmann ruled that handing the hard drives seized in the raid to the FBI was in breach of extradition legislation and the FBI’s cloning of the hard-drives was also invalid.

3. On September 24, 2012 Prime Minister John Key revealed that, at the request of the police, the New Zealand Government Communications Security Bureau (GCSB) had spied on Dotcom, illegally helping police to locate him and monitor his communications in the weeks prior to the raid on his house.[51] The GCSB is not allowed to spy on New Zealand citizens and Dotcom had been granted permanent residency.

Guess who is going to Hollywood this month to wine and dine Hollywood producers in an effort to get more movies made in New Zealand? The Prime Minister who's cabinet oversaw this completely botched and illegal raid John Key. Guess who else he is visiting with? Chris Dodd, the MPAA senator.

The real criminals in this whole thing were the people who broke all the laws in their desire to give a gift to the US in the hopes it would bring money into the country. They used overly broad and illegal search warrants, they knew they had the wrong order when they did the raid but they did the raid anyway. The illegally allowed the US to copy the drives and send them out of the county. They illegally spied on Kim Dotcom.

That is why people are so appalled and defending Dotcom. It does not matter how bad Kim Dotcom is or isn't, the authorities in this case are so much worse. They abused their positions of power to pursue personal agendas. That is not how a free and democratic government is supposed to work.
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post #39 of 103
Hmmmm it's so bittersweet. I want to see services like megaupload succeed but I don't want to see a tub of lard garbage like kim "dotcom" at the helm.
post #40 of 103
Quote:
Originally Posted by Mygaffer View Post

For anyone who wants to know how the police and government forces broke the law in pursuing Dotcom:
1. "Justice Helen Winkelmann found the warrants used to seize Dotcom's property were invalid because they were too broad. "These categories of items were defined in such a way that they would inevitably capture within them both relevant and irrelevant material. The police acted on this authorization. The warrants could not authorize seizure of irrelevant material, and are therefore invalid."
2. The Crown also revealed that police had handed seized hard drives to FBI staff who copied them at the police crime lab in South Auckland and sent the copies back to the US.[49] Justice Winkelmann ruled that handing the hard drives seized in the raid to the FBI was in breach of extradition legislation and the FBI’s cloning of the hard-drives was also invalid.
3. On September 24, 2012 Prime Minister John Key revealed that, at the request of the police, the New Zealand Government Communications Security Bureau (GCSB) had spied on Dotcom, illegally helping police to locate him and monitor his communications in the weeks prior to the raid on his house.[51] The GCSB is not allowed to spy on New Zealand citizens and Dotcom had been granted permanent residency.
Guess who is going to Hollywood this month to wine and dine Hollywood producers in an effort to get more movies made in New Zealand? The Prime Minister who's cabinet oversaw this completely botched and illegal raid John Key. Guess who else he is visiting with? Chris Dodd, the MPAA senator.
The real criminals in this whole thing were the people who broke all the laws in their desire to give a gift to the US in the hopes it would bring money into the country. They used overly broad and illegal search warrants, they knew they had the wrong order when they did the raid but they did the raid anyway. The illegally allowed the US to copy the drives and send them out of the county. They illegally spied on Kim Dotcom.
That is why people are so appalled and defending Dotcom. It does not matter how bad Kim Dotcom is or isn't, the authorities in this case are so much worse. They abused their positions of power to pursue personal agendas. That is not how a free and democratic government is supposed to work.

Sounds like the MPAA and RIAA wanted to enforce such facets of the law and try to do it on a worldwide scale. Quite ironic that the FBI would go this far when they have already broken several laws already. The old addage "Money is power" is true anyway.
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