FBI charges Megaupload operators with piracy crimes

[Elfwreck]

Originally Posted by azazel1024

You could probably dig through case law and copyright law and figure out just how large a written work needs to be to be considered copyright.

Haiku are 17 syllables long, and a single haiku is copyrighted when it's written.

One other thing to consider though is that public comments don't necessarily fall under copyright automatically (and might not be copyrightable). So something posted to a website as a "public" comment may also not necessarily automatically fall under copyright protection.

Unless the forum has specific rules that comments made at it are devoid of copyright, they're copyrighted. If you write your masterpiece novel in someone else's notebook, you still own copyright on the novel.

Most internet forums are not "public"--they're viewable by the public, but posting is limited to members. If you draw a picture on the wall of a pub with permission of the owners, and anyone who looks in the window can see it, the pub owner still can't copy it--and certainly, the people who look in the window can't take a photo of it & sell t-shirts of the photo.

Right now, every comment, email, tweet, blog post and LOLCAT picture is copyrighted. While many forums have requirements that allow the owners to copy/distribute the content at will, that's not the same as allowing anyone who reads it, the right to redistribute it.

[quote]That aside, even if it did fall under copyright protection, you then get in to the various issues of fair use and copyright law for how the posts/comments are being used and how profit is being derived from them [quote]

"Cutting into profits" isn't required to prove infringement. If the works are unregistered (as these mostly are), then one can only sue for damages, not punitive amounts--but the infringement itself is still occurring, and be subject to whatever other legal penalties the gov't wants to inflict on infringers.

Next you also have the issue of, do the forum operators KNOW that the copyright infringing activity is occuring and are doing nothing about it and/or don't do anything if notified.

The forum owners here certainly allow news articles to be quoted without specific consent. They are, presumably, thinking that the amount that's copied is within the range of fair use/fair dealing. (I'm not sure what Canada has that's equivalent.) However, if a ruling found them wrong about that, there'd be years of evidence that they have infringed copyright--not willful infringement, which carries a bigger penalty, but "I didn't know that would be infringing" is like "I didn't realize that book's not in the public domain anymore;" it provides protection against the amount of a ruling; it's not defense against being sued.

[fjtorres]

Originally Posted by Ninjalawyer

One thing that I find kind of funny is how little Megaupload was making. Considering it was one of the largest sites in the world, $30 million a year isn't much.

Depends on what it cost to setup and run.
Even if it cost $300 million (which it surely didn't) you'd be looking at a 10% return. That's better than a lot of investments (legal and illegal) out there.

And don't assume Megaupload itself (ads and memberships) was the only way they monetized the illegal content.

The guy was supposed to be worth closer to $150 million.

[jocampo]

Originally Posted by Dulin's Books

probably by the MegaUploads guy

You know what? lol ... I think it was on a gas station here in USA. I don't need to mention I don't visit that place anymore.

[teh603]

Originally Posted by Elfwreck

According to the new laws the media companies are trying to pass, nobody would have to prove infringement, or consider fair use--they'd be able to point at a quoted paragraph, insist that the site encourages infringement, and have it shut down.

Are we talking cited quotes or uncited quotes? Because cited quotes in academic papers used to be considered fair use, and if they suddenly become plagarism/infringement- even if properly sourced- then it'll drive American colleges, universities, and even most high schools to a screaming halt. No more papers longer than a paragraph or two, and especially no more Masters' Theses and Doctorial Dissertations.

Holy unforseen consequences, Batman!

[Fbone]

Originally Posted by fjtorres

Depends on what it cost to setup and run.
Even if it cost $300 million (which it surely didn't) you'd be looking at a 10% return. That's better than a lot of investments (legal and illegal) out there.

And don't assume Megaupload itself (ads and memberships) was the only way they monetized the illegal content.

The guy was supposed to be worth closer to $150 million.

Should we trust the $30 million figure?

What are the chances he reported his income truthfully? Where is he subjected for income tax purposes?

[Elfwreck]

Originally Posted by kiwipippa

He is now a NZ resident - this scares me - according to local news sources, "His residency application for New Zealand initially failed the "good character" test, but was approved after he invested $10 million in Government bonds and made a donation to the Christchurch Earthquake Fund"

That makes it look like you can buy your way in here. Glad I didn't make that decision, whoever did must be worried now.

You can buy your way into most countries; one of the standards for letting people in is "will they be beneficial to our nation?" And "invests several million dollars our gov't and donates to charities" is a good way to show "even if I'm a scumbag jerk, you're better off with me around."

Re: the copyright case: megaupload was not shy about announcing how it was evading the technicalities of copyright law, both in how it enforced DMCA takedowns and how it made the site searchable. It's less a case of "How much infringing stuff was here" than "dude, just stop TELLING all your 'cool geeky friends' that you're running a pirate site."

I'm glad it's back up, even as just an IP address, because I know a number of people who had totally legit files they used Megaupload to share--bulk business documents, indie music, graphic design files too big to send by email, and so on. I hope they can get their content backed up somewhere safe.

[Elfwreck]

Originally Posted by teh603

Are we talking cited quotes or uncited quotes?

Citation has nothing to do with copyright infringement. It protects you from accusations of plagiarism--which is not a crime, just something that academic settings forbid. (Fraud is the relevant crime. Attempting to pass of someone else's work as specifically yours, for profit, is fraud. Plagiarism is not a crime--or many comedians wouldn't have a career.)

Because cited quotes in academic papers used to be considered fair use, and if they suddenly become plagarism/infringement- even if properly sourced- then it'll drive American colleges, universities, and even most high schools to a screaming halt. No more papers longer than a paragraph or two, and especially no more Masters' Theses and Doctoral Dissertations.

Holy unforseen consequences, Batman!

Yes, "let's go after any unauthorized copying and nevermind that pesky fair use excuse" means pretty much an end to academia. As it is, there are colleges that have been told they can't quote a TV Guide episode listing exactly, because it might be infringement--the researcher would have to paraphrase.

The big media companies pushing for [SOPA/PIPA/whatever the next acronym soup game is] are thinking that "copyright infringement" means "downloading an avi you didn't pay for" or "uploading TV episode clips to YouTube," not "quoting someone else's thesis without getting a signed consent form." They really are oblivious to the fact that EVERYTHING written is copyrighted.

[kiwipippa]

The latest news from the bail hearing this morning, from the New Zealand Herald. Bail was denied/.

He [the Judge] said he had no doubt that Dotcom, 38, could flee New Zealand if he wanted to because he had access to forged travel documents and money.

"The real question though on the bail application is whether there is any incentive to flee the jurisdiction.''

Judge McNaughton said if Dotcom was able to flee to Germany, he would be safe from extradition because it did not have an extradition agreement with the US. He said Dotcom was a real flight risk, with passports and bank accounts in different names.

Dotcom was remanded in custody until February 22, when extradition papers were expected to be filed"

So he'll soon be missing the luxury of his Dotcom mansion. I can't imagine the food or company in Mt Eden Prison is quite what he's used to.

[fjtorres]

Originally Posted by kiwipippa

I can't imagine the food or company in Mt Eden Prison is quite what he's used to.

The company will likely make him feel right at home, methinks.
The food will be better balanced, nutritionally, and that is one guy in serious need of nutritional counseling.

[joi123]

I remember reading "if you spread a rumor often enough it will eventually enter reality"

[teh603]

Originally Posted by joi123

I remember reading "if you spread a rumor often enough it will eventually enter reality"

I think that's a misquote of that geeky guy with his toothbrush mustache, although his was more along the lines of "A lie told often enough becomes the truth."

[Dulin's Books]

i wonder which false rumor joi thinks is being repeated

[carpetmojo]

[QUOTE=kiwipippa;1938974]The latest news from the bail hearing this morning, from the New Zealand Herald. Bail was denied.

[I]He [the Judge] said he had no doubt that Dotcom, 38, could flee New Zealand if he wanted to because he had access to forged travel documents and money........." QUOTE:

I'm no legal expert, but isn't the Judge making a statement, or broadcasting an assumption that could surely influence any jury ?
Or do these proceedings not have juries ?

[HarryT]

[QUOTE=carpetmojo;1940602]

Originally Posted by kiwipippa

I'm no legal expert, but isn't the Judge making a statement, or broadcasting an assumption that could surely influence any jury ?
Or do these proceedings not have juries ?

Sounds to me as though he's simply giving the reason for his decision - that there is a very real risk that the suspect would flee the country.

[murraypaul]

"The discovery of unlicensed and illegal guns at Dotcom's rented mansion north of Auckland when he was arrested with three others on Saturday could make it more likely that Dotcom would try to escape to Germany, where he would be safe from extradition, the judge said."

Sounds like he is in serious legal trouble in NZ, leaving aside the US extradition request.