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Author Topic: Requiem For an Upload  (Read 2012 times)
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Gadolf Shmitler
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« on: January 19, 2012, 09:04:27 PM »

And so it begins,the age of cyber tyranny and oppression that wasn't to be,and Megaupload is the government's shot heard around the net. As of today Megaupload has been shut down and employees black-bagged for even the suspicion of piracy. Grab your obscure porn while you can,they've released the hounds.

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The Federal Bureau of Investigation shut down Thursday one of the world's most popular file-sharing websites, megaupload.com, and announced the arrest of four of the people behind it in a global crackdown against the suspected online pirates.

The move came a day after Washington lawmakers were besieged by complaints about legislation designed to crack down on the online sharing of pirated copies of music, movies and other material, people familiar with the matter said.


Source.rar (Uncensored):http://online.wsj.com/article/SB10001424052970204616504577171060611948408.html

EDIT:The above article was incredibly insubstantial,I bumped into this article which goes into much greater detail.

Quote
The Justice Department has indicted seven individuals and two companies behind the popular file sharing website Megaupload.com which has been touted by stars will.i.am, Kim Kardashian and Puff Daddy.

The indictment alleges that the website and a shell company associated with the website, Vestor Limited, caused an estimated half-billion dollars in copyright losses and made an estimated $175 million in proceeds. The website was established in 2005 and at one point ranked as the 13th most visited website on the Internet.

The feds indicted the site's founder, Kim Dotcom, aka Kim Schmitz, a 37-year-old resident of Hong Kong and New Zealand. He was arrested in New Zealand by New Zealand authorities.

Also indicted were employees Bram van der Kolk, aka Bramos, 29, Julius Bencko, Finn Batato, Sven Echternach, Mathias Ortmann, and Andrus Nomm. New Zealand authorities arrested Batato, Ortmann and van der Kolk. Bencko, Echternach and Nomm remain at large, officials said.

The indictment accuses the suspects of being members of "the Mega Conspiracy, a worldwide criminal organization whose members engaged in criminal copyright infringement and money laundering on a massive scale."

The case comes a day after internet companies and websites such as Google, WordPress and Wikipedia protested about the Stop Online Piracy Act (SOPA) and the PROTECT IP Act (PIPA).

An hour after the indictment was announced, the Justice Department's website, www.Justice.gov, came under cyberattack with a denial-of-service attack. Anonymous, the hacktivist computer group, is claiming responsibility.

The indictment returned by a grand jury in Virginia alleges, "In exchange for payment, the Mega Conspiracy provides the fast reproduction and distribution of infringing copies of copyrighted works from its computer servers located around the world. Premium users of the site... are able to download and upload files with few, if any, limitations."

Describing the operation of the site and relations with users the indictment noted, "For much of its operation, the Mega Conspiracy has offered an 'Uploader Rewards' Program, which promised premium subscribers transfers of cash and other financial incentives to upload popular works, including copyrighted works, to computer servers under the Mega Conspiracy's direct control and for the Conspiracy's ultimate financial benefit."

The seven suspects have been charged with participating in a racketeering conspiracy, conspiring to commit copyright infringement, conspiring to commit money laundering and two substantive counts of criminal copyright infringement.

If convicted they could face a maximum of 20 years in prison.


http://abcnews.go.com/Technology/justice-fbi-crack-megaupload/story?id=15396526#.Txi3wflCN8F
« Last Edit: January 20, 2012, 12:45:15 AM by Gadolf Shmitler » Logged

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« Reply #1 on: January 20, 2012, 03:13:04 AM »

"Bencko, Echternach and Nomm remain at large, officials said."

As if they were genuine criminal fugitives. Global police state, anyone?
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« Reply #2 on: January 20, 2012, 04:12:20 PM »

The indictment accuses the suspects of being members of "the Mega Conspiracy, a worldwide criminal organization whose members engaged in criminal copyright infringement and money laundering on a massive scale."

LolWhut?

Why MU only though? There are a lot of other File Storage Sites on the net which is hosted closer to the US than the New Zealand based MU... Why weren't they targeted?

And why were they even arrested? They haven't broken any laws in New Zealand, while SOPA & PIPA aren't even real laws yet.

Edit:
109.236.83.66
MU's IP site.
« Last Edit: January 20, 2012, 04:22:13 PM by ShadowBlazer » Logged


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« Reply #3 on: January 21, 2012, 10:45:55 PM »


Why MU only though? There are a lot of other File Storage Sites on the net which is hosted closer to the US than the New Zealand based MU... Why weren't they targeted?

UMG (Universal) were losing a lawsuit against them. It had something to do with Universal filing false DMCA claims and getting a Megaupload promo video pulled from Youtube repeatedly using the automatic system.

The MPAA already has far too much power.
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« Reply #4 on: January 24, 2012, 08:00:57 AM »

Welp...

Recent articles regarding the seizure of MU servers indicate that MU has set-up shop in Virginia, which prompted their arrest.

Other File Hosting Sites (and Video Hosts) have lost their backbone and deleted most of their member's accounts that have uploaded copywrite material or suspiciously named files that hint at piracy.

All of this is giving rise to anonyupload.com and anonyvideo.com

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Gadolf Shmitler
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« Reply #5 on: January 24, 2012, 05:05:00 PM »

It's causing more than just file and membership deletion,these places are dropping into defcon oh shit mode. There will soon be no pants left unsoiled. At this rate TOR will finally have a purpose other than child porn.

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Such major file hosting services as Filesonic and Fileserve have begun shutting down or crippling their services out of fear that they may end up following Megaupload’s management in being extradited to the US to face charges of facilitating copyright infringement on a grand scale.

Both Filesonic and Fileserve have changed their service so users can only download the files they uploaded, making their sites effectively useless – at least for the uses to which the vast majority of users put them.

Minor sites such as FileJungle and UploadStation have also followed suit, and several have even shut down entirely rather than risk US extradition. One service, Uploaded.to, even went so far as to ban all US IPs from its site.

In addition, massive numbers of files and user accounts have apparently been deleted as part of efforts to clean up the services.

Scores of services are also cancelling their affiliate programs, in which they formerly offered money and rewards to top uploaders, presumably out of concern that such schemes are a major element of the Megaupload prosecutions.

The removal of key features has proven particularly galling to those users who were unwise enough to purchase premium accounts, as they have now been left with privilege of downloading only the files they take the trouble to upload at “unlimited speeds” with “no waiting.”

Other services are more confident, at least in public – RapidShare has been portraying itself as a legitimate file hosting service which respects copyright, rather than a mere source of direct downloads for pirates, calling itself “absolutely legal.”

As for Megaupload itself, its legal position appears very weak indeed – the indictment makes a slew of damaging allegations which look far from implausible, and the US government has apparently been carefully building a case against them for some time with the aid of an informant within their organisation.

The indictment includes internal company emails explicitly discussing how to give cash payments to users in order to encourage them to upload infringing material, and detailed accusations about how their file hashing system was used to exclude duplicated child pornography files but not duplicated pirated materials.

Although the “Safe Harbour” provisions of America’s “DMCA” law provide a fairly liberal set of protections for sites hosting content uploaded by users against being accused of abetting copyright infringement (allowing sites like YouTube to survive), most of them hinge on the site’s administrators taking action to remove files when requested and not encouraging or profiting from copyright infringement, which may prove to be Megaupload’s downfall.

However, rather than the collapse of commercial web-based file hosts causing users to give up their wicked downloading ways, it seems rather more likely they will merely shift back to the P2P and torrents they were using before the likes of Megaupload came along – presumably making things a little more inconvenient for downloaders is the objective of the exercise, as it seems unlikely to accomplish anything else.

http://www.sankakucomplex.com/2012/01/24/file-hosts-shut-down-en-masse/
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« Reply #6 on: January 24, 2012, 09:19:24 PM »

Welp...

Recent articles regarding the seizure of MU servers indicate that MU has set-up shop in Virginia, which prompted their arrest.

Other File Hosting Sites (and Video Hosts) have lost their backbone and deleted most of their member's accounts that have uploaded copywrite material or suspiciously named files that hint at piracy.

All of this is giving rise to anonyupload.com and anonyvideo.com



I think Virginia was just the court they were using because its the one with the dumbest possible jury and the easiest to bribe judge.

Same court as the Gary McKinnon case, another extradition attempt.


edit: also sucks for the people above who have premium accounts and got fucked over, should be offered a refund really. Still though, they should have just paid for Usenet.
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Gadolf Shmitler
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« Reply #7 on: April 17, 2012, 04:19:06 AM »

Even after being practically eliminated Megaupload continues to get completely screwed by the government. And here I thought the US government wasn't allowed to deny defendants their right to an attorney. Or several of them in this case. You learn something new every day.

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The United States government has adopted a take-no-prisoners attitude in its prosecution of Megaupload, seeming to raise every conceivable objection to Megaupload's efforts to defend itself. We've already covered the government's attempts to block Megaupload from spending money to preserve servers that the company says contains data needed for its defense.

Now, the government has adopted a new tactic: making it as difficult as possible for Megaupload to obtain legal counsel. The prominent law firm of Quinn Emanuel Urquhart and Sullivan has sought permission to represent Megaupload in the case. But in a legal document filed on Wednesday, the government raised several objections to freeing up money to allow the law firm to represent Megaupload in court.

As Quinn Emanuel noted in a Thursday response, the government's objections are so broad that they would effectively prevent Megaupload from hiring any lawyer with experience litigating major copyright cases. Indeed, they could could make it impossible to hire any lawyer at all. It's hard to see how Megaupload could get a fair trial if the government's objections are sustained by the court.
Lawyers cost money

When the government shut down Megaupload's servers and arrested its top officials, it also froze the assets of Megaupload and its founder, Kim Dotcom. Lawyers generally don't work for free, so Megaupload needs some of its assets unfrozen to cover its legal costs.

But the government not only objects to releasing funds for Megaupload's defense, it argues it's such a clear case that Quinn Emanuel lawyers shouldn't even get the opportunity to make their argument to the judge.

The New Zealand courts have authorized Kim Dotcom to withdraw tens of thousands of dollars to cover his living expenses while they decide on his extradition case. The US government argues that these funds give Kim Dotcom and Megaupload plenty of money to pay for legal representation.

"It will be a high hurdle to prove that an individual with a monthly income of $48,000 USD for at least the next seven and a half months, and a monthly income of at least $16,000 USD thereafter, is prevented from retaining competent defense counsel—even if such funds prove insufficient to pay Quinn Emanuel's billing rates," the government argues in its brief.

But as Quinn Emanuel points out in its reply, the New Zealand court specifically earmarked the money for living expenses, not legal fees. More importantly, Megaupload is a legally distinct entity from Dotcom, and it has no funds with which to pay its legal bills. Also, while $16,000 per month might be plenty of money for a typical criminal trial, this is not a typical case. Megaupload's defense is likely to require computer forensics, expert witnesses, and attorneys with in-depth copyright expertise. Those don't come cheap.
No copyright lawyers?

The government also objects to the selection of Quinn Emanuel due to conflict-of-interest problems. The firm has extensive experience handling copyright cases, and its past clients include Disney, Paramount, Time Warner, Fox, and Intuit. All of these firms have allegedly had their products illegally distributed on Megaupload. Quinn Emanuel has also counted YouTube as a client, and Megaupload is alleged to have illegally scraped YouTube movies for posting on Megaupload. The government said it planned to call Google—another Quinn Emanuel client—as a witness because Google once cut Megaupload off from using its AdSense advertising network due to copyright concerns.

The government describes all of these companies as victims of Megaupload, and suggests that Quinn Emanuel can't fairly represent Megaupload given its ties to them. "It would be inappropriate to permit Defense Counsel to enter even a limited appearance without first fully investigating and resolving these potential conflicts," the government argues.

In its reply, Quinn Emanuel points out this broad interpretation of conflict-of-interest rules would prevent Megaupload from retaining almost any law firm with experience in copyright matters. After all, firms that specialize in copyright law regularly accept major content companies as clients, and Megaupload's servers likely contain content from the majority of those firms. So the government's broad interpretation of the conflict of interest rules would effectively mean that Megaupload can't have a lawyer with experience litigating copyright cases.

In any event, conflict-of-interest rules are supposed to protect Megaupload. Quinn Emanuel says Dotcom and Megaupload are willing to have Quinn Emanuel represent them despite these supposed conflicts.
"Empty promises"

The government raises several other objections. It argues that because Dotcom is fighting extradition, he is a "fugitive from justice" and not entitled to be represented in US courts until the extradition fight is over. And the government complains that it would be too confusing to have to deal simultaneously with two different Dotcom legal teams—one in the United States and the other in New Zealand.

Quinn Emanuel sums up Megaupload's plight in its brief:

    [Megaupload] has constitutional rights to due process and to the advice of counsel. Yet, if the Government is to have its way in this case, the only lawyers before the Court will be those representing the Government. If the Government is to have its way, the only evidence available to the Court would be that cherry-picked by the Government, for the Government, from the universe of relevant servers slated to be wiped. If the Government is to have its way, in sum, Megaupload will never get its day in Court and the case will effectively be over before it has even begun. Megaupload's fate will have been sealed by virtue of an indictment and corresponding asset freeze executed without the benefit of any adversarial proceeding or opportunity to be heard. Megaupload's constitutional rights to contest the charges against it in a fair proceeding would be rendered worse than nugatory; they would be transformed into empty promises.

And that would be a serious problem. Megaupload may ultimately be found guilty of the charges against it. But until a jury rules on the case, the courts need to presume Megaupload is innocent and give the company a fair opportunity to defend itself.

http://arstechnica.com/tech-policy/news/2012/04/government-trying-to-deny-megaupload-legal-representation.ars
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« Reply #8 on: April 17, 2012, 02:01:50 PM »

They give murders, high-profile thieves and other criminals a fair chance (albeit only those with money to throw around) and some of them even get away scot free.

Kim gets 30 years for illegally distributing software and getting rich off them but a guy who killed dozens of people, mainly women and children gets less than that.

Tis indeed a cruel world when corporate America defends their financial backers lose a fraction of money from their high paying jobs while said backers are given a blind eye to their looting of the rest of the world and hurting from a disaster caused by faulty or shoddily constructed factories.

Yeah I just watch The Yes Men Fix the World. America, you're doing it wrong.
« Last Edit: April 17, 2012, 02:06:06 PM by ShadowBlazer » Logged


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« Reply #9 on: April 18, 2012, 09:34:40 AM »

meh, its only relevent now if New Zealand agree to deport him to America. If they say no then nothing should happen. At least to Dotcom
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Gadolf Shmitler
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« Reply #10 on: April 22, 2012, 07:10:10 PM »

Oh me oh my,this whole megaupload thing just gets increasingly complicated. This one's a wee bit of a doozy.

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The US Government accuses Kim Dotcom and the rest of the “Mega Conspiracy” of running a criminal operation.

Charges in the indictment include engaging in a racketeering conspiracy, conspiring to commit copyright infringement, conspiring to commit money laundering and two substantive counts of criminal copyright infringement.

While the prosecution is hoping to have Megaupload tried in the US, breaking news suggests that this may never happen.

It turns out that the US judge handling the case has serious doubts whether it will ever go to trial due to a procedural error.

“I frankly don’t know that we are ever going to have a trial in this matter,” Judge O’Grady said as reported by the NZ Herald.

Judge O’Grady informed the FBI that Megaupload was never served with criminal charges, which is a requirement to start the trial. The origin of this problem is not merely a matter of oversight. Megaupload’s lawyer Ira Rothken says that unlike people, companies can’t be served outside US jurisdiction.

“My understanding as to why they haven’t done that is because they can’t. We don’t believe Megaupload can be served in a criminal matter because it is not located within the jurisdiction of the United States,” Rothken says.

Megaupload’s lawyer adds that he doesn’t understand why the US authorities weren’t aware of this problem before. As a result Judge O’Grady noted that Megaupload is “kind of hanging out there.”

If this issue indeed prevents Megaupload from being tried in the US, it would be a blunder of epic proportions. And it is not the first “procedural” mistake either.

Last month the New Zealand High Court declared the order used to seize Dotcom’s property “null and void” after it was discovered that the police had acted under a court order that should have never been granted.

The error dates back to January when the police applied for the order granting them permission to seize Dotcom’s property. Rather than applying for an interim restraining order, the Police Commissioner applied for a foreign restraining order instead.

The exact ramifications of the failure to serve will become apparent in the near future.

http://torrentfreak.com/megaupload-trial-may-never-happen-judge-says-120420/

Exclusive Day 1 DLC:

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Earlier today the news broke that a Megaupload trial may never happen because the US Government failed to serve the now defunct file-hosting company.

While some defendants might respond with relief upon hearing such news, Megaupload founder Kim Dotcom is only becoming more furious at the people who destroyed his businesses.

“The US government has terminated Megaupload, Megavideo and 10 other subsidiaries, including a company called N1 Limited that was developing a clothing line,” Dotcom told TorrentFreak.

“They destroyed 220 jobs. Millions of legitimate Mega users have no access to their files.”

If Judge O’Grady is to be believed all this damage could very well have been for nothing because the authorities simply can’t serve foreign companies. This could lead one to wonder whether the whole setup was to simply destroy Mega’s businesses.

This is certainly a theory Dotcom subscribes to, and it’s not the only dirty trick Megaupload’s founder believes the US Government is playing. The US is structurally denying Megaupload the chance to put up a fair fight.

“We are refused access to the evidence that clears us, we are refused funds to pay our lawyers, we are refused to pick the lawyers we want to represent us and have any chance for a fair trial,” Dotcom says.

For Megaupload the worst part is that the damage can’t be undone. The site has been completely destroyed as well as the plans to become a publicly traded company.

“We have already been served a death sentence without trial and even if we are found ‘not guilty’ which we will, the damage can never be repaired,” Dotcom says.

And why?

According to Megaupload’s founder it is quite clear that the Mega investigation was a ‘gift’ to Hollywood, facilitated by corrupt forces.

“This Mega takedown was possible because of corruption on the highest political level, serving the interests of the copyright extremists in Hollywood,” he says. “Mega has become a re-election pawn.”

Nevertheless, Dotcom is confident that these forces will eventually be exposed.

“It is just a matter of time until the truth comes out. We are working on that and we are making good progress,” Dotcom concludes.

http://torrentfreak.com/kim-dotcom-lashes-out-against-corrupt-us-government-120420/
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« Reply #11 on: April 23, 2012, 10:54:04 AM »

And there you have it, MU has been destroyed out of greed from the so called "copyright holders". And these people has also seized and destroyed all the precious data MU users uploaded and shared.

I find it funny that the police that handled this screwed up so bad that any future moves to push this case forward in court would be moot and Dotcom would win by default.
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Gadolf Shmitler
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« Reply #12 on: October 12, 2012, 09:07:48 PM »

Anyone remember that whole thing with Kim Dotcom and that music site he was gonna make that some of you tinfoil hats thought was behind his sudden arrest? Well he's doing it anyway,he dun' give a fuck 'bout five-0. 420 erryday fuck the po-leece.

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Kim Dotcom has started a new battle against US prosecutors and entertainment executives saying his new file sharing website is almost complete and it will be impossible for the US authorities to shut it down, like they did with Megaupload in January.

Dotcom confirmed Associated Press in a telephone interview that he has completed the 90% of his work on "new Mega" and "Megabox", a music site that he announced in June.

Despite he didn't revealed more details about the launch, his tweets described some aspects of the site, which will be hosted by servers outside the US. "Quick update on the new Mega: Code 90% done. Servers on the way. Lawyers, Partners & Investors ready. Be patient. It's coming," he wrote.

Megabox will allow users to download music for free in exchange for accepting some advertisements and, 90% of the revenue will go to the artists. Besides, fans and artist will be able to do business without middlemen.

 A promotional video posted by Dotcom on YouTube indicates Megabox will take advantage of social media tools to show trends and will allow users to upload their own music.

Dotcom's case never ends. Later September, New Zealand Prime Minister John Key requested an investigation in order to know whether the Government Communications Security Bureau (GCSB) made illegal espionage on Dotcom. Later, Key publicly apologized for the spying actions.

US authorities are now trying to extradite Dotcom from New Zealand, where he's a resident, claiming he infringed copyright laws and that he earned tens of millions of dollars while movie makers and songwriters lost some $500 million.

The extradition hearing will take place in March 2013 and, if convicted, he faces up to 20 years in jail.

You can watch the promotional video of Megabox below:


Making of Megabox (Official Video)
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