5 ms·

No surprise about the weakness of the charges. The goal has already been accomplished. Megaupload has been destroyed without a single valid argument being uph

by parfe 15y ago

No surprise about the weakness of the charges. The goal has already been accomplished. Megaupload has been destroyed without a single valid argument being upheld.

cdr 15y ago
Entertainment companies are also taking the opportunity to sue: http://venturebeat.com/2012/03/23/valcom-sues-megaupload-for-millions-over-copyright-infringement/ http://venturebeat.com/2012/03/23/valcom-sues-megaupload-for...
- pyre 15y ago
  > “These are revenues that belong to ValCom, and we’re > securing them for the benefit of the company and to > increase value for our shareholders,” ValCom president > Vince Vellardita said in a statement. This is like an MBA madlibs statement, all he had to do was fill in the company name.
kokey 15y ago
This tactic is not new, and has worked in the past. I'm thinking of a piracy crackdown about 20 years ago. Back then it was a network of dial-up bulletin boards, and people who would commit phone fraud to upload and download data, operating as couriers, in groups. The boards would often fun their hardware through credit card fraud, and many of them made money selling tapes full of pirated material. The crackdown involved raiding the boards, getting the user details, tracking their phone numbers, and getting various people raided in the various countries. A lot of the time the cases would collapse in court on various technicalities, but it would be a year before people would get their seized computer equipment back.
talmand 15y ago
Don't forget they've also tried to prevent his ability to defend himself by seizing every bit of property and/or assets they could get their hands on. Kind of hard to defend yourself against a prosecutor that has an unlimited budget and you have no means to fund your defense.
- eli 15y ago
  Just to play devil's advocate, would you permit an accused pick pocket to use funds from stolen wallets to pay for his defense?
  - Xurinos 15y ago
    Guilty until proven innocent? Surely it is not unreasonable that if found guilty, the criminal would be required to produce that money or work to pay off debts.
  - Zarkonnen 15y ago
    Yes, due to presumption of innocence. Because they may not actually have acquired these funds from picking pockets after all.
  - tmh88j 15y ago
    Megaupload made money through premium accounts which "many" were used for 100% legal purposes. Correct me if I'm wrong, but people paid for the service, not the files.
    - powertower 15y ago
      > which "many" were used for 100% legal purposes. How many? 1/10 of 1%? If MU was legitimate, you can be sure these figures would not be hidden, and would be instead the #1 bulletin point of their defense. Instead, DotKim is now claiming a conspiracy theory. MU made more profits than DropBox had revenue. Take away those accounts that signed up (tricked into) to download illegal content, and what do you have left?
    - TylerE 15y ago
      Really, which? I have never come across a site using MegaUpload to host non-pirated content. Not one. single. time. I'd love to see some examples of this non-infringing usage. Surely you can find some via archive.org easily enough, if they're so common?
      - 15y ago
Zirro 15y ago
This raises the interesting question: What would happen if Megaupload actually managed to win in court? Would any part on the other side be responsible to pay for the damages caused to uptime and reputation? Considering how profitable Megaupload was pre-takedown, we're talking enormous sums.
- geoffw8 15y ago
  Yeah, I think the interesting thing here is the flip-side of them (Mega) not being a US entity in anyway. I read a while ago (no links I'm afraid) that essentially a US agency/regulator has to give permission for a US based entity to sue an agency like the FBI. I'd be very interested to see how it plays out for someone like Mega, or their web hosts if in fact they did win. There'd be no protection in place. They'd have to battle. I'd be interested to know if any HN'ers have anything more solid to add?
  - mokus 15y ago
    "I read a while ago (no links I'm afraid) that essentially a US agency/regulator has to give permission for a US based entity to sue an agency like the FBI." Is "sovereign immunity"[1] perhaps the concept you are referring to? It was mentioned in an HN comment thread a while ago, but I don't remember the exact context. [1] http://en.wikipedia.org/wiki/Sovereign_immunity_in_the_United_States http://en.wikipedia.org/wiki/Sovereign_immunity_in_the_Unite...
    - geoffw8 15y ago
      Ahh yes that indeed was what I was referring too. Interestingly it is in fact (if I'm reading this right) mentioned as being exempt: "certain claims of monetary damages against the United States are exempt from sovereign immunity" [1] [1] http://en.wikipedia.org/wiki/Sovereign_immunity_in_the_United_States#Certain_contracts_with_the_government http://en.wikipedia.org/wiki/Sovereign_immunity_in_the_Unite...
      - mokus 15y ago
ovi256 15y ago
So this is pretty much extra-judiciary punishment, then ?
richardlblair 15y ago
"Megaupload has been destroyed..." I don't think it's destroyed at all. It is hurt, and hurt bad, but I think they could make a come back if he can get it back online after this disaster is over.
brazzy 15y ago
Defendants now get to decide whether charges are "weak"?

by parfe 15y ago

No surprise about the weakness of the charges. The goal has already been accomplished. Megaupload has been destroyed without a single valid argument being upheld.

cdr 15y ago

Entertainment companies are also taking the opportunity to sue: http://venturebeat.com/2012/03/23/valcom-sues-megaupload-for-millions-over-copyright-infringement/ http://venturebeat.com/2012/03/23/valcom-sues-megaupload-for...

pyre 15y ago
> “These are revenues that belong to ValCom, and we’re > securing them for the benefit of the company and to > increase value for our shareholders,” ValCom president > Vince Vellardita said in a statement. This is like an MBA madlibs statement, all he had to do was fill in the company name.

kokey 15y ago

This tactic is not new, and has worked in the past. I'm thinking of a piracy crackdown about 20 years ago. Back then it was a network of dial-up bulletin boards, and people who would commit phone fraud to upload and download data, operating as couriers, in groups. The boards would often fun their hardware through credit card fraud, and many of them made money selling tapes full of pirated material. The crackdown involved raiding the boards, getting the user details, tracking their phone numbers, and getting various people raided in the various countries. A lot of the time the cases would collapse in court on various technicalities, but it would be a year before people would get their seized computer equipment back.

talmand 15y ago

Don't forget they've also tried to prevent his ability to defend himself by seizing every bit of property and/or assets they could get their hands on. Kind of hard to defend yourself against a prosecutor that has an unlimited budget and you have no means to fund your defense.

eli 15y ago
Just to play devil's advocate, would you permit an accused pick pocket to use funds from stolen wallets to pay for his defense?
- Xurinos 15y ago
  Guilty until proven innocent? Surely it is not unreasonable that if found guilty, the criminal would be required to produce that money or work to pay off debts.
- Zarkonnen 15y ago
  Yes, due to presumption of innocence. Because they may not actually have acquired these funds from picking pockets after all.
- tmh88j 15y ago
  Megaupload made money through premium accounts which "many" were used for 100% legal purposes. Correct me if I'm wrong, but people paid for the service, not the files.
  - powertower 15y ago
    > which "many" were used for 100% legal purposes. How many? 1/10 of 1%? If MU was legitimate, you can be sure these figures would not be hidden, and would be instead the #1 bulletin point of their defense. Instead, DotKim is now claiming a conspiracy theory. MU made more profits than DropBox had revenue. Take away those accounts that signed up (tricked into) to download illegal content, and what do you have left?
  - TylerE 15y ago
    Really, which? I have never come across a site using MegaUpload to host non-pirated content. Not one. single. time. I'd love to see some examples of this non-infringing usage. Surely you can find some via archive.org easily enough, if they're so common?
    - 15y ago

Zirro 15y ago

This raises the interesting question: What would happen if Megaupload actually managed to win in court? Would any part on the other side be responsible to pay for the damages caused to uptime and reputation? Considering how profitable Megaupload was pre-takedown, we're talking enormous sums.

geoffw8 15y ago
Yeah, I think the interesting thing here is the flip-side of them (Mega) not being a US entity in anyway. I read a while ago (no links I'm afraid) that essentially a US agency/regulator has to give permission for a US based entity to sue an agency like the FBI. I'd be very interested to see how it plays out for someone like Mega, or their web hosts if in fact they did win. There'd be no protection in place. They'd have to battle. I'd be interested to know if any HN'ers have anything more solid to add?
- mokus 15y ago
  "I read a while ago (no links I'm afraid) that essentially a US agency/regulator has to give permission for a US based entity to sue an agency like the FBI." Is "sovereign immunity"[1] perhaps the concept you are referring to? It was mentioned in an HN comment thread a while ago, but I don't remember the exact context. [1] http://en.wikipedia.org/wiki/Sovereign_immunity_in_the_United_States http://en.wikipedia.org/wiki/Sovereign_immunity_in_the_Unite...
  - geoffw8 15y ago
    Ahh yes that indeed was what I was referring too. Interestingly it is in fact (if I'm reading this right) mentioned as being exempt: "certain claims of monetary damages against the United States are exempt from sovereign immunity" [1] [1] http://en.wikipedia.org/wiki/Sovereign_immunity_in_the_United_States#Certain_contracts_with_the_government http://en.wikipedia.org/wiki/Sovereign_immunity_in_the_Unite...
    - mokus 15y ago

ovi256 15y ago

So this is pretty much extra-judiciary punishment, then ?

richardlblair 15y ago

"Megaupload has been destroyed..." I don't think it's destroyed at all. It is hurt, and hurt bad, but I think they could make a come back if he can get it back online after this disaster is over.

brazzy 15y ago

Defendants now get to decide whether charges are "weak"?