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You might be technically correct, but for a service that mostly facilitates piracy, I don't think you can safely argue that strict compliance with certain code
by yebyen 8y ago
You might be technically correct, but for a service that mostly facilitates piracy, I don't think you can safely argue that strict compliance with certain codes ... should confer Safe Harbor to MegaUpload?
I mean that's technically exactly what the law says, isn't it? But I'm saying, by any other objective standard, MegaUpload was nothing but a great big den of facilitation of piracy. But if they followed the guidelines for Online Service Providers, why aren't they entitled to Safe Harbor?
- thomastjeffery 8y ago> MegaUpload was nothing but a great big den of facilitation of piracy. That's how many rightsholders see it, but that isn't the only perspective. Megaupload promoted consolidation by promoting download count. If a file is being downloaded more often, it must be more unique. Consolidation is one of the best ways to save on data storage. When they received takedown requests, they didn't just delete user data; they removed the link. This way they could brag about their data retention: users don't want to use a site that deleted their data because of alleged copyright infringement. Those two features weren't really provided anywhere outside Megaupload and BitTorrent, so naturally Megaupload was very successful. The copyright infringement was done by users, not Megaupload. Megaupload was taken down, and is fighting court battles because people want to compel it - and similar services - to police and enforce copyright.