7 ms·

The charge against Megaupload was not that they hosted copyrighted content but that they knowingly did so and encouraged it through their affiliate program.

sroerick 12y ago
Which was illegal under what jurisdiction?
Retric 12y ago
Youtube actively does the same thing with people directly making money using 'pirated' content. Note: They currently remove specific content when requested and even automate the process. But, you can still find plenty of 'pirated' content where the owner has yet to complain.
- onewaystreet 12y ago
  In what way? This was true when YouTube first launched (I've heard stories that the founders uploaded copyrighted movies and tv shows themselves) but YouTube has a system in place now that removes copyrighted content automatically and it works pretty well (some say too well).
  - abroncs 12y ago
    That's not true at all. I can find dozens of full length movies and hundreds of full length albums on YT, all uploaded illegally.
    - onewaystreet 12y ago
      You're not wrong, but it's only because that content hasn't been entered into their system or because the copyright holder isn't actively requesting content be removed.
      - deleted 12y ago
        [deleted]
  - ChrisGranger 12y ago
    Type in the search terms "full album" and then tell me their automatic removal of copyrighted material is working pretty well.
    - CWuestefeld 12y ago
      "copyrighted" != "cannot be shown" copyrighted means that the owner of the copyright is the only one with the right to decide when/where/how it gets shown. But if that owner is cool with it being on Youtube, there's no reason for it to be taken down.
    - onewaystreet 12y ago
      It's up to the copyright holder if content is removed. YouTube gives the holder the option to leave content up but take any ad revenue.
  - sillysaurus3 12y ago
    https://www.reddit.com/r/fullmoviesonyoutube/ https://www.reddit.com/r/fullmoviesonyoutube/ http://www.youtube.com/watch?v=tNd1l7LsxvU http://www.youtube.com/watch?v=tNd1l7LsxvU This person covered the entire youtube screen in popups to his other stuff: https://www.youtube.com/watch?v=DDcrGq_fyoE&src_vid=hhHPnT_h-lY&feature=iv&annotation_id=annotation_187894927 https://www.youtube.com/watch?v=DDcrGq_fyoE&src_vid=hhHPnT_h...
- tptacek 12y ago
  No, that's not the same thing. The law doesn't say that you can't have any pirated content on your service. It says you can't knowingly have pirated content. Once you learn about a stolen movie on your site, you have to take it down. When, like Dotcom, you instead actively solicit pirated material, optimize the pirated material on your site for quality, and pay users to put more pirated material on your site using a sliding scale based essentially on how pirated the material is, the DOJ reasonably concludes that you are not a public video site like Youtube, but rather a criminal conspiracy. Dotcom appeared to have been operating under the misconception that a "notice and takedown" system insulated him from that charge. Dotcom didn't actually read the DMCA, because notice and takedown is only ~half of the responsibility of an online service. The other half, written right into the DMCA, is operating without red flag knowledge of pirated content.
  - lawnchair_larry 12y ago
    What does the DMCA have to do with New Zealand and why should he have read US laws?
    - serf 12y ago
      I wish that you had received an answer. I have always wondered the same thing.
    - greyfade 12y ago
      Presumably because international treaties extend the reach of certain domestic laws. ... Or because the Copyright cartels bribed the NZ gov't to roll over. We'll never know.
  - Retric 12y ago
    It's a little more nuanced than that. They are aware that for example much foreign TV content is going to be on their site without active intervention. However, they don’t actively protect this content without direct assistance. Basically, unless you complain we are going to pirate the hell out of your content.
- giarc 12y ago
  They are protected under the safe harbor porvision of the DMCA which basically says that if someone says "That's my stuff, take it down" they have to take it down. However if no one complains, YouTube can argue that millions of videos are added everyday, they can't possibly screen them against every piece of copyrighted music/film ever made.
Argorak 12y ago
Uber runs services despite knowing that they are against local law and waits until courts stop them. I think the comparison at least has some merits.

sroerick 12y ago

Which was illegal under what jurisdiction?

Retric 12y ago

Youtube actively does the same thing with people directly making money using 'pirated' content. Note: They currently remove specific content when requested and even automate the process. But, you can still find plenty of 'pirated' content where the owner has yet to complain.

onewaystreet 12y ago
In what way? This was true when YouTube first launched (I've heard stories that the founders uploaded copyrighted movies and tv shows themselves) but YouTube has a system in place now that removes copyrighted content automatically and it works pretty well (some say too well).
- abroncs 12y ago
  That's not true at all. I can find dozens of full length movies and hundreds of full length albums on YT, all uploaded illegally.
  - onewaystreet 12y ago
    You're not wrong, but it's only because that content hasn't been entered into their system or because the copyright holder isn't actively requesting content be removed.
    - deleted 12y ago
      [deleted]
- ChrisGranger 12y ago
  Type in the search terms "full album" and then tell me their automatic removal of copyrighted material is working pretty well.
  - CWuestefeld 12y ago
    "copyrighted" != "cannot be shown" copyrighted means that the owner of the copyright is the only one with the right to decide when/where/how it gets shown. But if that owner is cool with it being on Youtube, there's no reason for it to be taken down.
  - onewaystreet 12y ago
    It's up to the copyright holder if content is removed. YouTube gives the holder the option to leave content up but take any ad revenue.
- sillysaurus3 12y ago
  https://www.reddit.com/r/fullmoviesonyoutube/ https://www.reddit.com/r/fullmoviesonyoutube/ http://www.youtube.com/watch?v=tNd1l7LsxvU http://www.youtube.com/watch?v=tNd1l7LsxvU This person covered the entire youtube screen in popups to his other stuff: https://www.youtube.com/watch?v=DDcrGq_fyoE&src_vid=hhHPnT_h-lY&feature=iv&annotation_id=annotation_187894927 https://www.youtube.com/watch?v=DDcrGq_fyoE&src_vid=hhHPnT_h...
tptacek 12y ago
No, that's not the same thing. The law doesn't say that you can't have any pirated content on your service. It says you can't knowingly have pirated content. Once you learn about a stolen movie on your site, you have to take it down. When, like Dotcom, you instead actively solicit pirated material, optimize the pirated material on your site for quality, and pay users to put more pirated material on your site using a sliding scale based essentially on how pirated the material is, the DOJ reasonably concludes that you are not a public video site like Youtube, but rather a criminal conspiracy. Dotcom appeared to have been operating under the misconception that a "notice and takedown" system insulated him from that charge. Dotcom didn't actually read the DMCA, because notice and takedown is only ~half of the responsibility of an online service. The other half, written right into the DMCA, is operating without red flag knowledge of pirated content.
- lawnchair_larry 12y ago
  What does the DMCA have to do with New Zealand and why should he have read US laws?
  - serf 12y ago
    I wish that you had received an answer. I have always wondered the same thing.
  - greyfade 12y ago
    Presumably because international treaties extend the reach of certain domestic laws. ... Or because the Copyright cartels bribed the NZ gov't to roll over. We'll never know.
- Retric 12y ago
  It's a little more nuanced than that. They are aware that for example much foreign TV content is going to be on their site without active intervention. However, they don’t actively protect this content without direct assistance. Basically, unless you complain we are going to pirate the hell out of your content.
giarc 12y ago
They are protected under the safe harbor porvision of the DMCA which basically says that if someone says "That's my stuff, take it down" they have to take it down. However if no one complains, YouTube can argue that millions of videos are added everyday, they can't possibly screen them against every piece of copyrighted music/film ever made.

Argorak 12y ago

Uber runs services despite knowing that they are against local law and waits until courts stop them. I think the comparison at least has some merits.