MegaRetrieval. Megaupload: A Lot Less Guilty Than You Think. The recent Department of Justice decision to indict Megaupload for copyright infringement and related offenses raises some very thorny questions from a criminal law perspective.
A few preliminaries: I’m responsible for the musings below, but I thank Robert Weisberg of Stanford Law School for taking the time to talk through the issues and giving me pointers to some relevant cases. Also, an indictment contains unproven allegations, and the facts may well turn out to be different, or to imply different things in full context. DMCA SAFE HARBOR: BELIEVE IT AND IT WILL BECOME REAL: As a matter of criminal law, the discussion of whether Megaupload did what it needed to do to qualify for the DMCA Safe Harbor misses the point. Did they register an agent? Did they have a repeat infringer policy? In other words, for criminal liability, it doesn’t really matter whether the service qualifies, so long as Defendants believed it qualified. Rojadirecta’s lawyers at Durie Tangri have challenged the U.S. MegaUpload Alternatives See Surge in Traffic After Shutdown.
After losing access to their favorite file-hosting service last week, millions of former MegaUpload users have fled to the many alternatives available.
Filefactory, Depositfiles and many of the other top cyberlockers have seen an unprecedented surge in traffic in recent days, showing that people haven't stopped sharing even though the authorities have closed one of the main players in the business. With a self-proclaimed 50 million users a day, MegaUpload was one of the largest file-hosting sites on the Internet. Last week the feds shut down the popular site accusing its founder and six others of money-laundering and several copyright related crimes. The site’s former users, meanwhile, are left without their files and forced to find a new place to share. The big question is, where do these millions of people go now? The RIAA hopes that the people who used MegaUpload to share copyrighted music are turning to iTunes, but this is not the case for everyone. Pixelart-wolrd-war-web.png (834×501)
Les données hébergées sur Megaupload effacées ce jeudi ? We live in a fucked up world. via reddit.com.