Displaying items by tag: MPAA

49019-castle-under-siege-illustrationAlthough we have covered some of the MegaUpload case we have not really followed all of the ins and outs in the troubled and lopsided case. On the one hand almost everyone can agree that people should pay for their content, but in most cases the opinions about what has been done to the cloud storage service are against what the US DoJ has done. On the word of the MPAA and RIAA (yes it was only their accusations) the FBI and others began a costly investigation into MegaUpload and in the end came up with an indictment against a non-US based company (where the US has no jurisdiction) and seven members of its management team (most of which have never entered the US).

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Jollyroger-1We have been following the Anti-Counterfeit Trade Agreement (ACTA) since it first leaked into the public eye. The agreement (as we have said) appears to be only about counterfeit physical goods, but anyone who really takes a look at the few leaked details (which have been kept pretty secret) will find that it is more about copyright law and protecting the IP of the software and entertainment industry (mostly the US portion of it) and restricting countries rights to enact and change their own laws outside of the agreement.

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73Well, we knew this would happen when we first heard about the case, but it seems that the lawyers defending MegaUpload have finally dropped the jurisdiction bomb on the US DoJ. The issue at hand is the same one that extended to the Pirate Bay when they were continually harassed by the content industry. If a corporation or individual does not commit the crime on US soil (or one of its protectorates) or have an agent that commits or assists in the commission of the crime they have no legal jurisdiction. In the case of MegaUpload they have no offices in the US and never have.

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animal_farm-pigsRemember SOPA and how much of a stir it caused? Well it seems that we may face another round in the ring with a new law championed by the MPAA. At least that is what the indicators are at this point. We mentioned when SOPA was shelved that this was a distinct possibility and one that we should watch out for. This was right after MPAA CEO Chris Dodd made his now infamous threats to members of congress about not being there when they needed him.

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news_pirate-bay-logoIn not so shocking news another country has followed Britain’s example and has ordered the site The Pirate Bay blocked at the ISP level. This is the second time a “democratic” government has imposed an outright ban on the Torrent and Magnet Hosting Web Site. It represents a major win for the Entertainment industry that sees The Pirate Bay as their arch nemesis.

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73In what has to be an upset for Google’s YouTube video service German courts found that YouTube was indeed responsible for the copyrighted material posted by users. The findings of the court are frightening in more ways than just the big check that Google will be writing to pay for the Copyright infringement that happened due to users of the popular video service.

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73There was something of a victory for MegaUpload and in many ways supporters of a free and open internet. The judge presiding over the case has stated that the case may never actual go to trial because the FBI and those backing their actions made a tiny, little, blunder that has turned out to not be so tiny. In their effort to send a message the FBI and other agencies in the US government have taken a very firm stance on the situation a stance which could eventually come back to haunt them.

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despdIn mid-January the battle over SOPA and PIPA hit a peak with an unprecedented show of opposition. We saw Wikipedia go dark for the day while other large site put black censored bars over their logos. At the end of this the SOPA and PIPA backers in the Senate and the House of Representatives decided they needed to change their direction. Lamar Smith, the sponsor for SOPA made the official announcement that SOPA was being shelved. Many hailed this announcement as a victory, but it seems they did not see the finger crossed behind Smith’s back.

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animal_farm-pigsIf you ever needed evidence of how badly laws like PIPA and SOPA (and of course ACTA) could and would be abused you have to look no further than some of the laws that are already in place. We have shown you how the lawyers for the entertainment industry have (and continue to do so) violated due process and circumvented even court orders to get what they want. Now we have Spain’s Sinde Law as a direct show of how eager the content “owners” are to pull down sites or simply make complaints.

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animal_farm-pigsAfter both SOPA and PIPA were publicly shelved the US government did what it always does. It finds a way to do what it wants, but by hiding it in other bills or (as is becoming more common) using trade agreements to by-pass laws altogether. This is exactly what we are seeing with ACTA and TPP. These two trade agreements are probably some of the most dangerous bits of work that we have read about in a very long time.

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