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I wanted to do this, and in fact thought of doing it before the takedown occurred, but after the takedown, our lawyer advised me that doing so could be construe
by cookiecaper 10y ago
I wanted to do this, and in fact thought of doing it before the takedown occurred, but after the takedown, our lawyer advised me that doing so could be construed as conspiracy to violate the CFAA. He thought it could give them incentive to try to field criminal charges (the CFAA defines both criminal and civil penalties, and as one may expect, the F100 is very well-connected and surely could get a federal prosecutor interested), so I didn't pursue it.
As much as I wanted my business to be able to live on, I wanted to stay out of prison more.
The only option would've been to abandon all US assets and essentially go into exile in a state where the law was more friendly and the F100 would have a harder time getting me shut down (and there are very few jurisdictions without a law substantially derived from the CFAA; the wording of the Telecommunications Act in many Commonwealth nations gives marginally more protection). I didn't think that was a very good option for a relatively small business, I wouldn't have been able to afford it at the time anyway, and it would've had meteoric impacts on my family, so I didn't do it.
On top of that, The Pirate Bay and MegaUpload have proven that the long arm of American corporatism knows no borders.
To their credit, however, Sweden did seem to hold out a long time. They had to be threatened with sanctions from the WTO in order to take down TPB. At that point, Sweden ignored their own law and pushed through a sham trial against TPB's proprietors, who went into exile in non-extradition countries, from which they were eventually stopped at border crossings and extradited to serve time in Sweden. Can't hide from Mickey Mouse.
The most ironic part of this is that the world's largest companies regularly violate the same rules with impunity. Google, for example, routinely and flagrantly violates the CFAA and the Copyright Act, going by the standards that are applied to everyone non-Google. However, Google has been sued over this and won, with their use specifically ruled fair, because they're Google -- and that's essentially the reasoning the judges give if you read the decisions, talking about how it's a "transformative use" that has changed the world, etc. etc. Judges have declined to apply the same logic in later rulings (Ticketmaster v. RMG), on the basis that the defendant was not Google.
The moral of the story appears to be break rules and get too big to fail fast, and then you can do whatever you want. If you don't big enough fast enough, you will be destroyed by a large company that's afraid of you.