[148736] in North American Network Operators' Group
Re: Megaupload.com seized
daemon@ATHENA.MIT.EDU (Jay Ashworth)
Fri Jan 20 21:21:38 2012
Date: Fri, 20 Jan 2012 21:20:45 -0500 (EST)
From: Jay Ashworth <jra@baylink.com>
To: NANOG <nanog@nanog.org>
In-Reply-To: <op.v8efgebjtfhldh@rbeam.xactional.com>
Errors-To: nanog-bounces+nanog.discuss=bloom-picayune.mit.edu@nanog.org
----- Original Message -----
> From: "Ricky Beam" <jfbeam@gmail.com>
> On Fri, 20 Jan 2012 14:37:16 -0500, Paul Graydon
> <paul@paulgraydon.co.uk>
> wrote:
> > ... Whenever they received a DMCA take-down they would remove the
> > link,
> > not the underlying file, so even though they knew that a file was
> > illegally hosted, they never actually removed it.
>
> And that's where their safe harbour evaporated. Upon receiving notice a
> file is infinging, they know that *file* is illegal, and must now remove
> all the links to it, not just the one that was reported. Mega is in a
> possition to know all the links, where as the copyright holder is not.
>
> They thought they had a gaping loophole. Well, the DOJ is about to teach
> them how wrong they are.
Nope; I agree with the amusingly psuedonymmed "Administrator" who posted
immediately before you: the possibility exists that there's a copy of that
file uploaded legally because some other client of the site has the right
to do so... and if you delete the underlying file, you're then screwing over
that other paying customer who isn't breaking the law.
Is everyone beginning to see how "legislators and LEOs who simply don't
understand the playing field" are a critically dangerous condition, here?
This is precisely the grounds on which we opposed SOPA.
Cheers,
-- jra
--
Jay R. Ashworth Baylink jra@baylink.com
Designer The Things I Think RFC 2100
Ashworth & Associates http://baylink.pitas.com 2000 Land Rover DII
St Petersburg FL USA http://photo.imageinc.us +1 727 647 1274
