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Originally Posted by kane
I hope he uses the access shifting and fair use defense. That is basically him admitting he did it, but that he did it under certain circumstances. It is like admitting you killed someone, but that you did it in sell-defense or because you were temporarily insane.
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and this just proves how stupid you are
you don't even understand the situation that he is under
1. he can get rid of all the charges for copyright infringement for any country that has validated access shifting, because you can't facilitate copyright infringement if act isn't even an infringement
2. then he can argue that same rules should apply in the US.
3. if he loses then he will argue it impossible to tell the difference between the legit access shifting (countries that grant that right to their citizens vs US) so the removing access only was the maximum he could do. And since that was an option under the safe harbour he is still protected by the blanket immunity of the DMCA.
the government is going to be forced to prove that
1. there is a perfect way of providing the service to the legit people and not violating the rights of the infringed copyright holders
2. that mega upload was aware of that perfect solution and choose not to implement it
3. the laws required they implement those solutions.
he doesn't have to admit to any liability to make a fair use defence.
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If nothing else, his using this defense will provide established U.S. case law one way or the other on these topics.
Of course I have a feeling this will not make it to trial. I think one of his buddies will roll over on him and agree to testify against him in exchange for a reduced sentence and in the face of that Kim will cut himself some kind of deal.
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maybe but i don't see him accepting a deal unless it clear cut against him