Quote:
Originally Posted by Paul Markham
No it shows the opposite. Present laws are far too slow and cumbersome to deal with this very new problem. They need to demonstrate to people like moeloubani that he can't just find an excuse for stealing. If he can't have it exactly when he wants it, how he wants it and any other reason he can dream up to steal it. It's not a defense today in court, he needs to go try it.
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I don't think that is correct. They decided to take action because it's around SOPA voting, the different industries claim they can't do anything but now the government showed we can and we do it when we want. They where freezing bank accounts in different countries, shut down the website, had the house raided etc etc. Effectively they show the world, the music industry, the movie industry etc "no we do not need SOPA, look at this example".
I have to admit that I have not looked into the SOPA act itself but from the discussions it sounds like they will be able to set aside the law and process copyright infridgement the same method as terrorism is dealt with. no need for a judge or a jury.
That itself is a very dangerous path to take since you start undermining the basic human rights. I don't think that Megaupload is going to get convicted unless they show proof that they where acting with the intend to commit copyright infringement. That is going to be the turning point in this case, if the DA fails to validate this suspicious then megaupload is going to be off the hook, if they are not going to get convicted very likely SOPA is dead because the government can go out and say "look, you said this and we where fighting for you and we lost, we lost because you are wrong. We cannot pass this bill". With the elections coming up I think megaupload is a tool to be used as an example that SOPA can't be passed without rewriting the laws and so on, Obama need their contributions so they are starting now with this so they can start their negotiations with the movie / music industries and secure the funding for their 2012 election campaigns.
Having the government paying 100-200 million in settlements to megaupload in the end may be a way cheaper that the alternatives they have (which includes not getting campaign contributions for the 2012 election)
Then again, I'm a person who like to complicate things and speculate more on motives and strategies rather than just accepting the first simple reason. Had I had the budgets available and the resources the same ways as the government
I would probably select the same targets as they obviously know megaupload have a very strong defense with multiple legal memorandums backed by top law firms who have to take the case and protect Kim even if he can't pay, the law firm is liable for any wrong advice given in a memorandum if he followed the instructions given inside it
P.S. no I don't agree to copyright infringement and theft I'm just giving my 2 cents on what I know about the law not considering any victims