Author Topic: US Justice Dep. Takes Down Megaupload, Anonymous Takes Down US Justice Dep.  (Read 4213 times)

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Offline El Barto

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Some key points of the indictment:
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In practice, the "vast majority" of users do not have any significant long term private storage capability. Continued storage is dependent upon regular downloads of the file occurring. Files not downloaded are rapidly removed in most cases, whereas popular downloaded files are retained. (items 7 - 8)

Because a small proportion of users pay for storage, the business is dependent upon advertising. Adverts are primarily viewed when files are downloaded and the business model is therefore not based upon storage but upon maximising downloads. (items 7 - 8)

Persons indicted have "instructed individual users how to locate links to infringing content on the Mega Sites ... [and] ... have also shared with each other comments from Mega Site users demonstrating that they have used or are attempting to use the Mega Sites to get infringing copies of copyrighted content." (item 13)

Persons indicted, unlike the public, are not reliant upon links to stored files, but can search the internal database directly. It is claimed they have "searched the internal database for their associates and themselves so that they may directly access copyright-infringing content". (item 14)

A comprehensive takedown method is in use to identify child pornography, but not deployed to remove infringing content. (item 24)

Infringing users did not have their accounts terminated, and the defendants "made no significant effort to identify users who were using the Mega Sites or services to infringe copyrights, to prevent the uploading of infringing copies of copyrighted materials, or to identify infringing copies of copyrighted works" (item 55–56)

An incentivising program was adopted encouraging the upload of "popular" files in return for payments to successful uploaders. (item 69e et al)

Defendants explicitly discussed evasion and infringement issues, including an attempt to copy and upload the entire content of YouTube.

I think most of those are quite a reach.  However, this is highly problematic:
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When a file is uploaded to Megaupload and another file with the same hash is already found to exist, the uploader is asked if they would like to link to the already existing file. Therefore, a single file may contain multiple links to it. However this has caused some controversy, since when a DMCA takedown notice is issued only the link that was provided is removed; not necessarily the file itself.

Unlike the other points,  this seems a pretty direct circumvention of the DMCA. 
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Offline cramx3

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https://games.yahoo.com/blogs/plugged-in/imprisoned-megaupload-founder-loses-call-duty-crown-205144239.html

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Dotcom, born Kim Schmitz, plays Call of Duty: Modern Warfare 3 under the name MEGARACER. And on New Year's Eve, MEGARACER managed to become the number 1 ranked player in the world -- no small feat for a game that sold over 15 million copies (and no small irony, considering he ran a site responsible for sharing illegal copies of the game).

 :rollin :lol :rollin

Offline Nekov

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Yeah, I saw that.

Seems like a load of nonsense, to be honest.

I mean, they could have been releasing something called Megakey but I highly doubt that it was the reason they were shut down.

Well, given that the record labels are one of the mayor forces pushing for SOPA and PIPA it wouldn't surprise me at all if they found out about this and urged the government to close MU. They would lose a lot of money if that project went through.
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Offline emindead

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Heh, even Forbes quoted that article.

Offline El Barto

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I'm starting to like this Dotcom guy. While pending extradition, he's launching a new site which will basically do the exact same thing Megaupload did, except with the incorporation of plausible deniability on his end.

Quote
Dotcom said Mega was a different beast to Megaupload, as the new site enables users to control exactly which users can access uploaded files, in contrast to its predecessor, which allowed users to search files, some of which contained copyrighted content allegedly without permission.

A sophisticated encryption system will allow users to encode their files before they upload them on to the site's servers, which Dotcom said were located in New Zealand and overseas.

Each file will then be issued a unique, sophisticated decryption key which only the file holder will control, allowing them to share the file as they choose.

As a result, the site's operators would have no access to the files, which they say would strip them from any possible liability for knowingly enabling users to distribute copyright-infringing content, which Washington says is illegal.

"Even if we wanted to, we can't go into your file and snoop and see what you have in there," the burly Dotcom said.

Dotcom said Mega would comply with orders from copyright holders to remove infringing material, which will afford it the "safe harbor" legal provision, which minimizes liability on the condition that a party acted in good faith to comply.

But some legal experts say it may be difficult to claim the protection if they do not know what users have stored.

I've been fascinated for a while by the US government's intentions with concerns to encryption. As more and more means of sharing/hosting/downloading encrypted data crop up, it seems that The Man is going to have to draw a pretty hardassed line around something that should be perfectly legal. Here we have another log for the fire.



The defense of MU is also pretty interesting, and if it holds to be true, this whole thing will turn out to be pretty sleazy. In a nutshell, Dotcom's defense is claiming that the FBI ordered them through a third party (their US server hosts, Carpathia Hosting) to not remove the illegal files and to not do anything that might hinder the secrecy of their investigation (like prohibiting their download). The FBI then prosecuted MU for not removing of denying access to those files. If true, this puts MU in the position of having to choose between the current charges of facilitating piracy, or getting hit with obstruction of justice charges for blowing the DOJ's investigation. 

We have no way of knowing if this is actually true, but our government doesn't seem to be denying it (they're maintaining that they had no communications with MU, but not Carpathia). Furthermore, given what we've seen of how the DOJ operates over the last decade, this seems like exactly what should be expected of them.
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Offline Dimitrius

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Year old bump, but Megaupload is alive again.

mega.co.nz

Though, it now seems to be a cloud storage service.
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Offline El Barto

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Year old bump, but Megaupload is alive again.

mega.co.nz

Though, it now seems to be a cloud storage service.
Did you not even read my bump from yesterday?  :lol

They were always a cloud service.  Now they're just an encrypted cloud service.
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Offline Dimitrius

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Nope :lol my bad
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Offline yorost

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https://gizmodo.com/5878287/filesonic-just-killed-itself-by-disabling-file-sharing

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In what looks like a preventive measure in reaction to the Megaupload shutdown, FileSonic has disabled all file sharing capabilities and is now nothing more than a personal storage solution. It looks like the Feds’ tactic of going after the big fish in Megaupload is beginning to scare other file sharing sites into shutting down.

Along with FileSonic, Uploaded.to seems to have shuttered its services to the US as well. If committing suicide (or honorably dying like a samurai depending on your perspective) is the trend of these file sharing sites, the shutdown of Megaupload will always be remembered as a dark, dark day for the Internet. Sad. We’ll probably see how other file sharing sites like RapidShare, MediaFire react to this news soon.
Oversell. :lol  It'll be an annoyance, worst case.

What gets me about Anonymous is that no matter how justified they might be, their attacks come off as childish in nature.  They're doing what they're currently capable of, I suppose, or at least willing to do.  Media have played them up a little, but is tough to see what they've actually accomplished.  They've done some things most people would laud them for, but it's debatable if most of those actions were effective mechanisms.  Unfortunately too many of their actions seem to fall under, someone's upset, let;s go taunt someone for a bit in retaliation.