Displaying items by tag: Piracy

The Megaupload case has become an embarrassment for the US Government, but because of their close ties to the MPAA, RIAA and the entertainment industry as a whole they are not able to bow out gracefully at this point. It also seems that Megaupload founder Kim Dotcom is not going to let them bow out. Instead he has launched a website that is dedicated to “the war for the Internet”. This term is one that has been used in the past to refer to laws like SOPA, PIPA, ACTA, TPP, CISPA and many, many more. It is a very interesting battle that is only in its infancy right now and unless things change quickly will only get worse.

As we reported when they first went into effect the UK and Netherlands’ bans on the Pirate Bay are doing very little to stem the flow of traffic to the popular file sharing search engine. According to a report by the BBC (which cites data from ISPs) the peer to peer traffic is back to around normal about seven days after the event took place. Now, what is interesting here is that The Pirate Bay has very little to do with peer to peer traffic (although it can be argued that Torrents and Magnets are Peer to Peer). It is a small, but vital distinction that the industry seems to forget all the time. Still the entertainment industry in both the UK and the Netherlands still has the wrong idea in mind when they try to view the Pirate Bay as the root of all file sharing.

With the news that the warrants used to justify the storming of the home of MegaUpload founder Kim Dotcom many are looking for reasons why this is important, unimportant and a few other things in the process. We have heard from news sites that say this is the death blow for the US case and others that claim just the opposite. But what few have mentioned is why the US tried to pull of this in the first place and why they hoped it would not be noticed by the authorities.

As we follow the MegaUpload case and by extension the case of Kim Dotcom and six other managers in the company we are finding out more and more about the US governments case against the file sharing site. Yesterday we published a two part article about some of the tactics used in the case that has slid from being active and interesting into a long siege with the US attempting to stop access to both funds and legal representation. Now we are finding out more about the original “evidence” against the corporation and the seven individuals.

Although we have covered some of the MegaUpload case we have not really followed all of the ins and outs in the troubled and lopsided case. On the one hand almost everyone can agree that people should pay for their content, but in most cases the opinions about what has been done to the cloud storage service are against what the US DoJ has done. On the word of the MPAA and RIAA (yes it was only their accusations) the FBI and others began a costly investigation into MegaUpload and in the end came up with an indictment against a non-US based company (where the US has no jurisdiction) and seven members of its management team (most of which have never entered the US).

When I was a kid I got my first cassette recorder (for those of you that do not know what this is a cassette was… well you can Google it). With this I was able to record music played on the radio onto blank cassettes so I was able to listen to what I wanted without all of the other songs I did not. What I did not know at the time was that the price I paid for those cassettes (and the actual recorder) also included a small royalty fee from the recording industry to cover some of the potential losses that they might incur from someone doing exactly what I did. 

Time for the Google news (much like many of our combined reports of Apple’s doings). This time we have a couple of things to talk about. The first is the penultimate decision in the Google Vs Oracle case, followed by a complaint by the RIAA about how little Google is doing to flight piracy and rounding things out with a complaint against Microsoft and Nokia in the EU for patent trolling. Sounds like a lot of fun so let’s get started.

We have been following the Anti-Counterfeit Trade Agreement (ACTA) since it first leaked into the public eye. The agreement (as we have said) appears to be only about counterfeit physical goods, but anyone who really takes a look at the few leaked details (which have been kept pretty secret) will find that it is more about copyright law and protecting the IP of the software and entertainment industry (mostly the US portion of it) and restricting countries rights to enact and change their own laws outside of the agreement.

Well, we knew this would happen when we first heard about the case, but it seems that the lawyers defending MegaUpload have finally dropped the jurisdiction bomb on the US DoJ. The issue at hand is the same one that extended to the Pirate Bay when they were continually harassed by the content industry. If a corporation or individual does not commit the crime on US soil (or one of its protectorates) or have an agent that commits or assists in the commission of the crime they have no legal jurisdiction. In the case of MegaUpload they have no offices in the US and never have.

There is nothing like a little drama, just as there is nothing quite like seeing the big copyright holders having to actually prove their case. In no other recent case has this been more important than the in the criminal copyright case against MegaUpload. If you remember the Us DoJ went after the file sharing site some of their managers and the owner Kim Dotcom. Since the seizure of all of their servers property and money there have been some pretty major issues with not only actual evidence, but the warrants, seizure and more. There is even some talk that the DoJ committed some pretty bad procedural errors that might get the whole thing thrown out.