MegaUpload case to be dismissed?

One of the biggest copyright infringement cases in history just took a turn. MegaUpload's founder Kim Dotcom has taken steps to throw out the case where his company allegedly got rich off of the piracy of copyrighted movies, music and media. The defense is now arguing that the website can't be held accountable for its users. Liz Wahl has more.

I certainly hope the case is dismissed. As stated in this clip, MegaUpload wasn't even based in the U.S. nor should it be held accountable for what its users do. There are dozens of uploading websites exactly the same as MegaUpload, yet hardly any of them have faced any trouble. There was an extremely similar copyright case involving RapidShare and they were found not guilty.

If you ask me this whole attack on MU was launched because they were challenging the system:

Megaupload to Sue Universal, Joins Fight Against SOPA
Is This The Real Reason Why MegaUpload Was Shut Down?

reply to post by ChaoticOrder


While I think .com is a bit of an idiot, I hope this case is thrown out of court. Not so much for the reason that they can't be held accountable for users actions but to stop America's extradition of peoples from other countries to face American law, when the alleged 'crimes' are not committed within the jurisdiction of the United States. We see the same type of actions against Assange. America is stretching it's tendrils across the globe in a fashion that is simply unwelcome by other countries of the word.

IRM :shk:

reply to post by InfaRedMan

Not so much for the reason that they can't be held accountable for users actions but to stop America's extradition of peoples from other countries to face American law, when the alleged 'crimes' are not committed within the jurisdiction of the United States.

That's certainly a good point and I certainly agree, however it's also important that we don't start punishing websites based on the actions of their users, or else almost every website in existence could be facing copyright charges. MegaUpload did take actions to remove copyrighted materials, I had seen many notices stating that content is no longer available due to copyright claims. However they can not be held liable for any copyrighted material which they miss, they cannot check every single file, and that simply cannot be expected of them.

BTW: it's important to note that their servers were based in the U.S. Even if their business was based else where, the U.S. still has jurisdiction because their website was operated from servers based in the U.S.

reply to post by ChaoticOrder

However they can not be held liable for any copyrighted material which they miss, they cannot check every single file, and that simply cannot be expected of them.

I originally felt that way too but I believe it came to light that there were internal emails encouraging people to post new releases of copyrighted material. In which, dot com has no chance in hell of defending.

The US wants him bad, I don't see the case being thrown out.

reply to post by ChaoticOrder

If you ask me this whole attack on MU was launched because they were challenging the system:

Nah, he's in it for the money and backing 'freedom' is his way of extending his life-cycle and making more money. Don't get me wrong, I've used all of these sites a lot - I just don't see them as champions of civil liberty.

I agree with IRM that it's too much for the US to repeatedly demand extradition and be given it. For that alone, I'd like to see the case dismissed. Unfortunately, it's unlikely to happen. If a country can't say no to US politics what hope has its domestic legal system?

I reckon DotCom will be stripped of his assets and jailed as an example to others and as a 'burnt offering' to the corporate lobbyists who have invested so heavily in US politics.

reply to post by boncho

I originally felt that way too but I believe it came to light that there were internal emails encouraging people to post new releases of copyrighted material.

That is true, if he loses this case it'll be because of those emails. MegaUpload is done anyway, even if they win the case their website will never be the same and no one will use it, because most people used it to get free stuff anyway. I just don't want to see them punished for doing what hundreds of websites have and still are doing. They are being made an example of because they were willing to challenge the status quo (with the mega video and the megabox etc).

Originally posted by ChaoticOrder
reply to post by boncho

 

I originally felt that way too but I believe it came to light that there were internal emails encouraging people to post new releases of copyrighted material.

That is true, if he loses this case it'll be because of those emails. MegaUpload is done anyway, even if they win the case their website will never be the same and no one will use it, because most people used it to get free stuff anyway. I just don't want to see them punished for doing what hundreds of websites have and still are doing. They are being made an example of because they were willing to challenge the status quo (with the mega video and the megabox etc).

More like a hostile takeover of the status quo, but yes. While I don't condone dot coms actions, the industry has made a complete monopoly with lobbying and it was a matter of time before someone challenged them.