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 Post subject: Copyright legal issues in the news
PostPosted: Thu Jan 19, 2012 6:04 pm 
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Jeff wrote:
So basically, this shows that they really don't need SOPA or PIPA to enforce piracy laws....they can just do whatever they want, in any country they want?

Um...yeah?


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 Post subject: Copyright legal issues in the news
PostPosted: Thu Jan 19, 2012 6:30 pm 
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I HATE MP3'S, RAPPERS AND CORPORATIONS!

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ted262 wrote:
Yep, and all the execs were arrested outside of the US apparently.


I've heard of the "Bully pulpit", but this is just plain bullying.

I could almost justify them doing this inside of the US, but outside of the USA it's just more cowboy diplomacy.

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 Post subject: Copyright legal issues in the news
PostPosted: Thu Jan 19, 2012 7:33 pm 
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Sonic Death Monkey

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Well this could get interesting...

DOJ, entertainment industry sites attacked after piracy arrests

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 Post subject: Copyright legal issues in the news
PostPosted: Thu Jan 19, 2012 7:37 pm 
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Damn. And I was counting on watching "Bucky Larson" for free tonight.


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 Post subject: Copyright legal issues in the news
PostPosted: Thu Jan 19, 2012 9:35 pm 
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http://www.reuters.com/article/2012/01/ ... 4220120120

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 Post subject: Copyright legal issues in the news
PostPosted: Thu Jan 19, 2012 9:37 pm 
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SQUIRREL!

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Dumbest thing Anonymous could have done. The Dept. of Justice is about to lay the smack down.

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 Post subject: Copyright legal issues in the news
PostPosted: Thu Jan 19, 2012 9:41 pm 
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I seriously doubt the DOJ's ability to do much about it, beyond find some script kiddies in the US that aren't smart enough to cover their tracks.

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 Post subject: Copyright legal issues in the news
PostPosted: Thu Jan 19, 2012 9:56 pm 
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ted262 wrote:
I seriously doubt the DOJ's ability to do much about it, beyond find some script kiddies in the US that aren't smart enough to cover their tracks.

:agree:

This is about to get nasty.

Methinks this was also a huge political error by the current USA gvt, the incumbent likely just lost the youth vote.

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 Post subject: Copyright legal issues in the news
PostPosted: Thu Jan 19, 2012 11:03 pm 
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Geff R. wrote:
ted262 wrote:
I seriously doubt the DOJ's ability to do much about it, beyond find some script kiddies in the US that aren't smart enough to cover their tracks.

:agree:

This is about to get nasty.

Methinks this was also a huge political error by the current USA gvt, the incumbent likely just lost the youth vote.

Anybody who would hack a website in the name of anti-censorship probably already has some pretty garbled political viewpoints.


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 Post subject: Copyright legal issues in the news
PostPosted: Thu Jan 19, 2012 11:31 pm 
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They're not hacking the websites so far as I've heard, just using DDoS attacks to attempt to shut them down.

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 Post subject: Copyright legal issues in the news
PostPosted: Thu Jan 19, 2012 11:33 pm 
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ted262 wrote:
They're not hacking the websites so far as I've heard, just using DDoS attacks to attempt to shut them down.

My bad.

Anybody who would use DDoS attacks against websites in an attempt to shut them down in the name of anti-censorship probably already has some pretty garbled political viewpoints.


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 Post subject: Copyright legal issues in the news
PostPosted: Fri Jan 20, 2012 1:41 am 
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The following is excerpted from a Washington Post article.

IMO, this is stunning:

"Seven executives, including Megaupload’s founder, were indicted. But Swizz Beatz, who is listed on some sites as the company’s chief executive, was not charged. Beatz, a musician, is married to singer Alicia Keys. Although the music and movie industries are among those most harmed by piracy, numerous celebrities have endorsed the Megaupload site, including Kanye West, Kim Kardashian, and rappers P. Diddy and Will.i.am."

http://www.washingtonpost.com/business/ ... siness_pop

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 Post subject: Copyright legal issues in the news
PostPosted: Fri Jan 20, 2012 1:49 am 
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SQUIRREL!

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It's a really simple way for musicians to share tracks back and forth. And the record labels can't have that.

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 Post subject: Copyright legal issues in the news
PostPosted: Fri Jan 20, 2012 1:55 am 
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the line that blew me away was,

"But Swizz Beatz, who is listed on some sites as the company’s chief executive, was not charged. Beatz, a musician, is married to singer Alicia Keys."

The ceo is one of the boys, has a hitmaker wife, enough $'s to fight this & lives in the USA so he was left alone, while his managers in Zealand were arrested??!

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 Post subject: Copyright legal issues in the news
PostPosted: Fri Jan 20, 2012 6:32 am 
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Geff R. wrote:
the line that blew me away was,

"But Swizz Beatz, who is listed on some sites as the company’s chief executive, was not charged. Beatz, a musician, is married to singer Alicia Keys."

The ceo is one of the boys, has a hitmaker wife, enough $'s to fight this & lives in the USA so he was left alone, while his managers in Zealand were arrested??!

http://www.forbes.com/sites/zackomalley ... rt-filing/
Quote:
Swizz Beatz Does Not Own Megaupload, Says Court Filing
Swizz Beatz: Mega problems?

Megaupload.com was shut down today after the U.S. Department of Justice indicted seven owners of the popular file-sharing site. But contrary to some of the rumors floating around online, superproducer Swizz Beatz was not among them–and does not own a stake in the company, according to documents filed by the D.O.J.

Swizz Beatz, whose real name is Kasseem Dean, was revealed as Megaupload’s chief executive shortly after the viral debut of a star-studded video he helped produce for the company. In the clip (see below), celebrities from Kanye West to Floyd Mayweather extol the website’s virtues, with will.i.am providing the hook. Universal Music Group, home to many of the artists involved in the production, was none too pleased–and sued Swizz and Mega (who are reportedly counter-suing).

But Swizz Beatz wasn’t among the seven Megaupload shareholders singled out by the U.S. Department of Justice; in fact, his name didn’t appear anywhere in the entire 72-page indictment. According to the document, ringleader Kim Dotcom owns 68% of Mega’s holding company, and six other investors–none of them celebrities–own smaller stakes adding up to 32%. If Swizz was given a piece of the company, it’s not on the books.

Though the Hip-Hop Cash King didn’t likely promote Megaupload simply out of the goodness of his heart (Swizz also has partnerships with Lotus and Reebok), it seems he was too late to the party to receive any equity, perhaps lured unwittingly to serve as a reputable figurehead for a company whose leaders could already see the storm clouds on the horizon.


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 Post subject: Copyright legal issues in the news
PostPosted: Fri Jan 20, 2012 8:49 am 
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Interesting article from about six months ago http://www.futureofcopyright.com/home/b ... ement.html
If there is one presumed fact about Megaupload that I'm hearing over and over again, it is that, unlike similar file-hosting sites, they did not delete infringing material from their servers--only links to that material.
Quote:
File-hosting giant MegaUpload guilty of direct infringement
Author: Kim Crijns - 02-08-2011

Earlier this year, adult media company Perfect 10 filed a lawsuit accusing MegaUpload of disregarding its intellectual property rights. Perfect 10 claimed that the file-hosting giant infringed its copyrights and trademarks, and engaged in unfair competition. In addition, Perfect 10 claimed MegaUpload did not remove footage from their websites upon complaints of copyright owners.

Now we know the trail’s outcome: the online file storage service MegaUpload could be found guilty of direct infringement according to the United States District Court of California.

This is a remarkable ruling, due to several reasons:

First of all, Perfect 10 almost always loses its cases. In 2009, Perfect 10 lost the similar lawsuit against the file-hosting service Rapid Share. Among other claims, Perfect 10’s complaint stated that RapidShare was guilty of infringing the copyrights of many of its images. In May 2010, the District Court of California ruled that RapidShare was not liable for copyright infringements, partly because they closely followed up on notifications by copyright owners.

Second of all, hosting providers usually only play a passive role and are only held liable for indirect copyright infringement. Direct infringement claims are used against the actual party doing the infringing. Here, however, the judge says that MegaUpload is involved enough that it could be found guilty of direct infringement:

Quote:
“Drawing all reasonable inferences in Perfect 10's favor, MegaUpload serves as more than a passive conduit, and more than a mere "file storage" company: it has created distinct websites, presumably in an effort to streamline users' access to different types of media (e.g., megaporn.com, megavideo.com) it encourages and, in some cases pays, its users to upload vast amounts of popular media through its Rewards Programs; it disseminates URLs for various files throughout the internet; it provides payouts to affiliate websites who maintain a catalogue of all available files; and last, at a minimum, it is plausibly aware of the ongoing rampant infringement taking place on its websites. Taken together, Perfect 10 has adequately alleged MegaUpload has engaged in volitional conduct sufficient to hold it liable for direct infringement.”


We shall have to wait and see whether this court ruling will create a precedent in other American law suits against hosting providers, and whether or not they will be play a bigger role than the passive role with respect to copyright infringement.


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 Post subject: Copyright legal issues in the news
PostPosted: Fri Jan 20, 2012 9:04 am 
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Wow--Here's some interesting details about some of the seized Megaupload assets (from page 69 of the federal indictment):
http://www.scribd.com/doc/78786408/Mega-Indictment
Quote:
68. 2005 Mercedes-Benz CLK DTM, VIN WDB2093422F165517, License
Plate No. “GOOD”
69. 2004 Mercedes-Benz CLK DTM AMG 5.5L Kompressor, VIN
WDB2093422F166073, License Plate No. “EVIL”
70. 2010 Mercedes-Benz S65 AMG L, VIN WDD2211792A324354, License
Plate No. “CEO”
71. 2008 Rolls-Royce Phantom Drop Head Coupe, VIN
SCA2D68096UH07049; License Plate No. “GOD”
72. 2010 Mercedes-Benz E63 AMG, VIN WDD2120772A103834, License
Plate No. “STONED”;
73. 2010 Mini Cooper S Coupe, VIN WMWZG32000TZ03651, License Plate
No. “V”;
74. 2010 Mercedes-Benz ML63 AMG, VIN WDC1641772A608055, License
Plate No. “GUILTY”;
75. 2007 Mercedes-Benz CL65 AMG, VIN WDD2163792A025130, License
Plate No. “KIMCOM”;
76. 2009 Mercedes-Benz ML63 AMG, VIN WDC1641772A542449, License
Plate No. “MAFIA”;


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 Post subject: Copyright legal issues in the news
PostPosted: Fri Jan 20, 2012 6:54 pm 
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I know this discussion has tread close to the "no politics" ban, but I want to thank Linda for allowing it to carry on. The impact of SOPA and PIPA on sites like this can't be overstated - we post links to videos, songs, articles (and portions or all of some articles). The wrong complaint could end up hurting this site immensely. As a mod on another board said (of that board), if someone posted a link that someone complained about, this site gets shut down, and (they) can't afford to litigate it.

Alan

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 Post subject: Copyright legal issues in the news
PostPosted: Fri Jan 20, 2012 6:59 pm 
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Seconded. This is incredibly frightening. What's next? Rapid Share? The usenet? Or something totally non music/movie?

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 Post subject: Copyright legal issues in the news
PostPosted: Fri Jan 20, 2012 7:19 pm 
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Brainiac McGee wrote:
I simply ask the same question that I've been asking when this was all being blamed on the right-wing: Exactly what do you expect the MPAA and the RIAA to do? Because I have a hunch the answer is: They're evil and they have enough money and they have no right to protect their property because they're evil and they have enough money.


I didn't want to make a knee-jerk reaction to this, so I thought about it for a couple days before I replied...

What do I expect the MPAA and RIAA to do? I expect them to protect their artists and their interests. But I expect them to do it responsibly and reasonably. I expect them to respect the Constitution and the concept of due process. When they say they're "protecting the artists", I expect them to pay the artists when damages are awarded, not keep that money.

I don't expect them to ask for the rules to be re-written totally to their advantage and with total disregard to the idea that any accusations should be proven before punishment is doled out. I don't expect them to ask for - and receive - a flamethrower when they already have a match to light their candle. I don't expect to find out that they are downloading content illegally.

In the comments to an article, someone made an analogy that I found flawed, so I'll try to steer it a little more accurately.

Let's say you own a parking lot - 1,000 spaces. You're doing pretty well. You advertise on the local TV and radio stations, in the local newspaper, and you've made deals with the theaters and restaurants around your lot to give patrons a discount.

Now, let's say someone steals a car and parks it in your lot. He sells the car to someone who knows it's stolen, and that person drives the car away. I think we can agree that those two people have committed a crime. But under SOPA, the car's legal owner can now accuse you of being complicit in the crime because your lot was used to make the exchange and your lot can be shut down. Sure, you didn't know the car was stolen, but it was. You could have demanded ID from every driver and checked that against the owner's card, but there's 1,000 cars there. Should you, the lot owner, be responsible for verifying this?

Not only that, but remember those TV and radio stations that ran your ads? They're shut down, too. So is the newspaper. So are the restaurants and theaters, because they all tied to you.

Oh, by the way - that car owner doesn't have to actually prove that his car was stolen. He just has to say it was his car and sound convincing enough.

That's pretty much SOPA.

The MPAA and RIAA should protect their stuff, and people who are actually pirating the stuff should pay the price. But that doesn't mean giving them carte blanche to have web sites shut down or to shift the responsibility for policing this stuff to someone else. They already have DMCA to do this, but the burden of proof, light as it is, is apparently too much for them, so they want to shift it to other people.

If they're going to accuse someone of illegally distributing stuff, they should have to prove, in a court of law, that the accused is actually doing it. And the punishment should fit the crime.

That's what I expect.

Alan

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 Post subject: Copyright legal issues in the news
PostPosted: Fri Jan 20, 2012 8:11 pm 
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For the record, Alan, I pretty much agree with you. That said....

Expecting the MPAA and the RIAA to repsect the Constitution and the notion of fair process, that's fair enough. What I question are people who seem to have no respect for that part of the Constitution that that recognizes the need to "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." (Article 1, Section 8--"Powers of Congress".) This is a fundamental property right of our society and our economy, and the RIAA and the MPAA are hardly the only organizations who have a vested interest in these rights not being infringed upon--they're merely the leading ogranizations with the resources to ask that these rights be enforced.

Again, I don't support SOPA, but I do think that much of this anti-SOPA sentiment/hysteria is fueled by those who have no respect for this essential right of ownership associated with intellectual property--to where they would attack and disable the websites of their "enemies" after the Department of Justice unseals indictments against Megaupload. If that's anybody's idea of being "anti-censorship" and advocating a "free and open internet"...um...

In the meantime, congressional debate on SOPA has been halted. Holy crappamolli--could it be that the system works?


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 Post subject: Copyright legal issues in the news
PostPosted: Fri Jan 20, 2012 8:12 pm 
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alantig wrote:
I expect them to pay the artists when damages are awarded, not keep that money.


If a ton of artists are to be believed, the majors don't even tend to pay royalties honestly. Have you EVER heard of a record co exec going to prison for that behavior?

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