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MAFIAA at it again

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Re: MAFIAA at it again

Postby Tavish » Mon Dec 19, 2011 4:43 pm

John Kramer wrote:
Tavish wrote:Google has the power to block anything they want for sure. But AFAIK they have never chosen to use it other than instances where they were bound by law to block a video (not sure if it has ever been used to block a specific uploader). Megaupload has the "right" because Google has granted it to them (and everyone else). Megaupload has used that right to upload a promotional video for their company.
Google has also given content owners the "right" to remove videos they own. UMG (according to Google) overstepped this "right" by removing something they did not own. That is the reason for the uproar. Not so much that Google removed the video, but that UMG even requested that it be removed.


Oh, I'm positive that specific uploaders have been banned from uploading content.

One thing to remember, the party that grants "rights", also has the power to take those "rights" away at their discretion. In this case, if Google wanted to take the "right" away that they gave Megaupload, they can. Like I said, I'm sure it has happened tons of times already.

I guess I worded that poorly. There are definitely some accounts that Google has disabled, typically for repeat violations of the site's terms of service. But AFAIK Google has never blocked a user purely for the purpose of censorship. And that is what this basically comes down to, it was an attempt by UMG to censor Megaupload.
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Re: MAFIAA at it again

Postby John Kramer » Mon Dec 19, 2011 4:59 pm

Tavish wrote:http://www.techdirt.com/articles/20111216/01463417102/explanation-why-umg-may-be-right-that-it-can-pull-down-megauploads-video.shtml
A pretty decent explanation of what has gone on so far, and how "legally" no one may be in the wrong with this case. More or less UMG trying to find a loophole in their contract with Google to give them more power than what Google wants them to have.


Nice read, thanks!

Tavish wrote:There very likely won't be any sort of drawn out court battle over any of this. Megaupload doesn't have much of a recourse since the takedown was not an actual "false DMCA" takedown. UMG doesn't have any recourse because they don't own the copyright to the content.

Probably the most interesting case would be is if either Google or UMG went after the other for some sort of breach of contract. I have no idea how profitable Vevo has been for either side, but if nothing else it is an interesting experiment of a Big Media company working with a free content sharing service.


Based on the link you provided, I agree, there won't be a court battle over it. No wonder Megaupload is cheering about it. Haha.

I doubt anything comes from it as far as Google and UMG go, other than closing of the loophole. I have no idea how profitable VEVO has been either, but it is still early on that front I'd think.

Tavish wrote:I guess I worded that poorly. There are definitely some accounts that Google has disabled, typically for repeat violations of the site's terms of service. But AFAIK Google has never blocked a user purely for the purpose of censorship. And that is what this basically comes down to, it was an attempt by UMG to censor Megaupload.


I don't really see it as a case of censorship. On the surface, sure, that's what it looks like. But if you really look at the whole thing, Megaupload costs the music industry how much money each year from all of the illegal file sharing? I certainly can see why UMG would attempt to prevent them from getting any bigger, even with a futile attempt like this one. It's also why the outcry seemed odd to me. UMG trying to block anyone that allows illegal sharing of music shouldn't surprise anyone.
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Re: MAFIAA at it again

Postby Tavish » Mon Dec 19, 2011 5:22 pm

John Kramer wrote:I don't really see it as a case of censorship. On the surface, sure, that's what it looks like. But if you really look at the whole thing, Megaupload costs the music industry how much money each year from all of the illegal file sharing? I certainly can see why UMG would attempt to prevent them from getting any bigger, even with a futile attempt like this one. It's also why the outcry seemed odd to me. UMG trying to block anyone that allows illegal sharing of music shouldn't surprise anyone.

I'm not sure what it could possibly be considered other than censorship. Knowing why UMG did what they did doesn't change it from being censorship.
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Re: MAFIAA at it again

Postby John Kramer » Mon Dec 19, 2011 5:41 pm

Tavish wrote:
John Kramer wrote:I don't really see it as a case of censorship. On the surface, sure, that's what it looks like. But if you really look at the whole thing, Megaupload costs the music industry how much money each year from all of the illegal file sharing? I certainly can see why UMG would attempt to prevent them from getting any bigger, even with a futile attempt like this one. It's also why the outcry seemed odd to me. UMG trying to block anyone that allows illegal sharing of music shouldn't surprise anyone.

I'm not sure what it could possibly be considered other than censorship. Knowing why UMG did what they did doesn't change it from being censorship.


Censorship is nothing more than a buzz word though, and thrown around far too often, much like the race card. Sad that we as a country take a legitimate complaint, then use it so often in ways it shouldn't, resulting in it becoming a joke. Anyway, the sheep hear the word censorship and immediately flock to defend the person being shut down and lampoon the person doing the shutting. Even when the situation fully makes sense and should not be a surprise, story, or anything (and most would do the same if they were in UMG or the RIAA's shoes). If someone wants to call it censorship, it fits the definition, so be it. But it really has nothing to do with the true meaning of the word. Using it is simply a cry for attention and a distraction from the true story. To each their own though (and speaking generally, not specifically you Tavish).
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Re: MAFIAA at it again

Postby Tavish » Tue Mar 06, 2012 6:42 pm

Not really MAFIAA related, but finally a major movie content provider is moving into the digital age and giving consumers more options on how they can watch movies. I'm not saying this isn't a completely retarded option that has absolutely zero chance of being remotely successful. But at least they are trying (I guess).
http://latimesblogs.latimes.com/entertainmentnewsbuzz/2012/02/billions-of-dvds-headed-to-digital-cloud-says-warners-kevin-tsujihara.html

Hard to believe that someone seriously came up with this idea as an concept to deter people from piracy and/or Netflix/Red Box.

For those who TL;DR the article, a pretty picture is available to explain the concept.

http://www.publicknowledge.org/files/images/Consumer%20alternative.001-001.jpg
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Re: MAFIAA at it again

Postby Skin Blues » Tue Mar 06, 2012 9:02 pm

wow that's terrible... how clueless are these guys?

"The potential audience is huge, the Warner executive said, given that about 10 billion DVDs have been sold in the U.S. and another 10 billion overseas"

Completely clueless, apparently. Anybody technologically handicapped enough to actually use this archaic system is not going to be pirating movies anyway. So they achieve nothing. How much revenue will they make? Is there even a price point that allows them to make any money whatsoever while not deterring people from using the service?

Their UltraViolet thing seems to be a lot better though. Give people a digital download code to watch on their own devices. Just don't mess around with copy protection as it only makes things more of a hassle and serves no purpose. It's already easy enough to download an illegal copy for those that are willing to ignore the "do not make illegal copies" message. If they follow in the footsteps of Apple's iCloud and just do matching for people that have already bought movies via a code of some kind, or sending in the UPC, then it would work slightly better. But physically going to a store and paying them to make a digital copy of a movie you already bought.... a snowball's chance in hell that it will ever work.
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MAFIAA at it again

Postby lastingsgriller » Wed Mar 07, 2012 10:02 pm

I hate when this thread gets bumped because I always, incorrectly, think there will actually be a mafia game this year.
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Re: MAFIAA at it again

Postby StlSluggers » Sat Apr 21, 2012 3:24 pm

Looks like the States' case against MegaUpload is falling apart by the day. Odd that I haven't seen much about this in the major media... :-? :-? :-?

Judge: MegaUpload piracy case may never come to trial

The case against the now shut down MegaUpload file sharing website by the US government has taken on yet another new and unexpected turn. The New Zealand Herald reports that the judge in the case has cast some doubts that MegaUpload will come up to trial at all, thanks to an issue with the US government's handling of the situation.

While the FBI, along with local New Zealand law enforcement officials, staged a raid on the home of MegaUpload's founder Kim Dotcom in January, United States district court judge Liam O'Grady has now learned that the government failed to file the proper criminal papers against MegaUpload.

As a result, Judge O'Grady told the government's lawyers today, "I frankly don't know that we are ever going to have a trial in this matter." In fact, Dotcom's lawyer Ira Rothken believes it is impossible for the government to file any criminal charges since MegaUpload is located in New Zealand and not in the US.

The government could still file a civil case against MegaUpload, and people in the company like Kim Dotcom could also still be individually charged. Meanwhile, the judge is still considering the government's request to wipe all of MegaUpload's stored files (see below), which the defense claims needs to be preserved in order to prove their case.


MegaUpload server data still safe, thanks to the courts

If you are one of the approximately 60 million people who used MegaUpload to store your files, you can breathe a sigh of relief, at least for now. News.com reports that the judge in the MegaUpload case has ordered all the parties involved to work with each other to come up with a solution to preserve the data that has been stored on the now shut down website.

When US law enforcement officials decided to close down MegaUpload on online piracy charges in January, the website's server files were preserved by one of MegaUpload's hosts, Carpathia Hosting. The company has been holding onto the files with its own money and has been asking the judge in the case for some kind of financial help so they can continue to preserve those files.

Today, U.S. District Judge Liam O'Grady agreed that the data should be saved and ruled that MegaUpload, the US government, Carpathia and the Motion Picture Association of America should all get together to come up with a solution that will keep the MegaUpload data safe.

The judge did say that while he was "sympathetic" to Carpathia's financial situation, he added that the company made a lot of money by hosting MegaUpload's servers and could be held liable if the government proves its online piracy case.

MegaUpload's lawyers said they would like to be able to get their server files back in order to prove their case against the government. However, the MPAA has already said it is opposed to this plan and today their lawyers said they are concerned that any copyrighted movies and TV shows on the servers might be redistributed if MegaUpload received their files back.
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Re: MAFIAA at it again

Postby StlSluggers » Wed May 23, 2012 3:56 pm

RIAA claims Limewire owes it $72 trillion—that's "trillion" with a "T"

The legal case between LimeWire and the RIAA has been going on for some time now, but it wasn't until recently that the RIAA really put a figure on the amount of damages they think they're owed by the now-defunct filesharing service—and it's a doozy.

According to documents recently filed in the U.S. District Court for the Southern District of New York, the RIAA was asking for damages of about $72 trillion dollars, a figure that the judge in the case said is "absurd." Judge Kimba Wood wrote in a recent decision that, "An award based on the RIAA calculations would amount to 'more money than the entire music industry has made since Edison's invention of the phonograph in 1877.'"

The estimated wealth of the entire world is about $60 trillion, meaning that the RIAA should have known how outlandish its claims were to begin with. Still, with statuatory fines still coming of about $150,000 per infraction, of which there were 11,000, LimeWire could still end up owing about $1 billion.
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Re: MAFIAA at it again

Postby bigh0rt » Thu May 24, 2012 9:37 am

Every time I see this thread bumped, I think someone wants to play a game of Mafia. Then I quickly realize it's this stupid thread about stuff nobody gives a hoot about. :^
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