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Originally Posted by gideongallery
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
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For the millionth time. This case will be tried in the U.S. We do not have access shifting. He can get rid the of the charges for the few countries that do and reduce the count, but he still will face all counts in the U.S.
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2. then he can argue that same rules should apply in the US.
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It is his right to make this argument, but as I said before by doing this he is admitting to doing things he claims he hasn't done. By making this argument he is saying, "We let people copy files because we felt access shifting applied to them." If it is ruled that access shifting doesn't apply he is fucked. He can't suddenly then say, "Well, we didn't really do it." Once he argued that they did it under the guise of access shifting.
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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.
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Geo IP blocking has existed for years. He could easily block access to countries that don't allow access shifting and his problem is solved.
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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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Supposedly the government has emails where Kim and the other guys in his crew admit that they know they are doing illegal stuff and they don't care. If that is the case he is fucked and the government will have an easy time proving him guilty.
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maybe but i don't see him accepting a deal unless it clear cut against him
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I still think he will cut a deal. If the emails and evidence exists that shows the people operating the site knew they were breaking the law and didn't care and one or more of his buddies is willing to testify that Kim knew the law was being broken and did nothing about it, he is fucked. Short of actually convincing the jury that access shifting should exist in the U.S. or that this was some kind of convoluted fair use situation he is almost certain to be found guilty. If his choice is to face potentially 50 years in jail or cut a deal and serve a few years and pay a hefty fine he likely will take the deal.