MPAA Asks For Megaupload Data To Be Retained So It Can Sue Users... Then Insists It Didn't Really Mean That

from the how-not-to-win-fans-or-build-businesses dept

Wed, Mar 21st 2012 1:01pm — Mike Masnick

There are days that the actions of the MPAA just make you shake your head and wonder just what goes through the minds of the lawyers running that insane asylum. The latest is the news that they're considering suing Megaupload users directly, as if their reputation wasn't already mud. The details actually have to do with the fight over whether or not the data on Megaupload's servers is going to be deleted. There was a point, soon after the shutdown, when it was suggested that, due to a lack of anyone able to still pay the bills, the hosting provider that Megaupload used, Carpathia Hosting, would soon wipe the servers clean. That struck me as odd, because I would have thought that the data on those servers represented evidence in a criminal case -- but for reasons still not clear, the government insists it has no need for the data and that Carpathia is free to delete it. I won't even begin to speculate over the fact that the person who sent the letter to Carpathia suggesting this also happens to be the BSA's former head anti-piracy VP. An ex-anti-piracy exec for an industry lobbyist, now running a criminal anti-piracy case, basically telling the data center to delete evidence? Hmm...

Others, of course, were concerned about both the evidence that could exonerate Megaupload as well as the legitimate files that were going to be lost -- so there was an effort made to try to have the files retained, and the hosting firm has said (for now) that they won't delete the data, despite the fact it is costing the company $9,000 per day to maintain these servers and the 25 petabytes of data they contain. But it wants to.

So here's the surprise. Those fighting to keep the data have an unexpected ally: the MPAA. Yes, you see the MPAA wants to keep its options open and is considering directly suing users who may have used Megaupload for infringement -- and for that to work, they'd need that data to remain available. This came out in a filing by Carpathia to the court, in which it notes that there is significant interest in keeping the data around, but it wants out of the burden of paying for all of this and having to retain the data itself. The filing notes that Megaupload itself wants the data for its defense, the EFF wants to help users get legit files back... and the MPAA wants the data to sue people. Apparently, unbeknownst to the public until now, the MPAA sent Carpathia a letter arguing in agreement with Megaupload and the EFF that the data shouldn't be destroyed, but only because the MPAA wants to have access to the data in case it decides to go hogwild and completely and permanently destroy its reputation by suing users directly. From the letter the MPAA sent Carpathia:

Independent of the ongoing criminal proceeding, the Studios have civil claims against the operators of Megaupload, and potentially also against those who have knowingly or materially contributed to the infringement occurring through Megaupload...

... In light of the potential civil claims by the Studios, we demand that Carpathia preserve all material in its possession, custody, or control, including electronic data and databases, related to Megaupload or its operations. This would include, but is not limited to, all information identifying or otherwise related to the content files uploaded to, stored on and/or downloaded from Megaupload; all data associated with those content files, the uploading or downloading of those files, and the Megaupload users who uploaded or downloaded those files; all data reflecting or related to payments to third parties (including Carpathia) by the Megaupload operators; all data reflecting or related to payments to the Megaupload operators, including by users and other third parties, all electronic records regarding communications by the individuals involved in Megaupload's operations; and all internal documents and communications regarding Megaupload.

Of course, recognizing just how bad its own lawyers' statements are on the matter, the MPAA has sent in its PR folks to try to clean up the mess. Almost immediately after David Kravets at Wired published the original article highlighting this, MPAA PR people started calling him insisting that it wasn't true at all. MPAA PR VP Howard Gantman told Kravets that the MPAA has no intention to sue users, despite the clear language of the letter it sent Carpathia.

“The reason we did that filing so that there is a possibility that litigation might be pursued against Megaupload or various intermediaries involved in Megaupload’s operation. We’re not talking about individual users...”

That's not what the plain language of the letter itself clearly states -- but never let facts get in the way of a good yarn spun by MPAA PR people desperately trying to make the organization seem not 100% evil. But, this is how the MPAA thinks: lawyers shoot their mouths off with threats first, and the PR folks are left to do cleanup. That's what happens when you put the lawyers in charge, without any real knowledge of technology, business or just how ridiculously bad they make themselves look with their extreme positions. And then they wonder why no one sides with them in debates like the one over SOPA. Perhaps it's because their position is so crazy that anyone with the slightest bit of common sense would have known to stay miles away. But that's not how the MPAA rolls. It goes to crazytown and beyond, and then just denies it was thinking about suing users, despite claiming exactly that.

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Filed Under: copyright, data, lawsuits
Companies: megaupload, mpaa

87 Comments

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Capitalist Lion Tamer (profile), 21 Mar 2012 @ 1:08pm

The MPAA must run a private shuttle service for its administrative staff. I've never been on a bus that would go anywhere near Crazytown, much less beyond it, even before 10 pm.
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Anonymous Coward, 21 Mar 2012 @ 1:13pm

What part of "potentially" are you not good with?

Oh wait, all the people uploading to Mega were saints. Got it.

Anything you would like to add to your piracy apology of the day?
[ link to this | view in thread ]
E. Zachary Knight (profile), 21 Mar 2012 @ 1:21pm

I love this kind of stuff. If the MPAA's and the RIAA's feet are lodged so far into their mouths while their heads are lodged so far up their anuses, it will make it more difficult for them to spout off nonsense and get legislation passed. Doing both takes some tremendous skill.
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Anonymous Coward, 21 Mar 2012 @ 1:23pm

Sorry, Mike. This time I'm against you.

You want to protect the safe harbors clause by saying a service provider is not liable, then who is liable for infringing content if not the user who uploaded it? If you post infringing content and share it (nevermind whether or not the increased attention is a good thing for the rightsholder), then you are liable for copyright infringement. I'm all for protecting the service provider to let them create amazing new tools, but when a tool is abused, you can't freak out when the person who knowingly committed a crime gets punished for doing so. That's just not how this works.
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Anonymous Coward, 21 Mar 2012 @ 1:24pm

Re:
You forgot to use "chubby", "slimeball" or "douche"

2/10

Boring troll is boring.
[ link to this | view in thread ]
E. Zachary Knight (profile), 21 Mar 2012 @ 1:26pm

Re:
I don't see how Mike is saying that punishing the law breakers is bad (as long as they are actually breaking the law). What he is saying here is that the MPAA looks like a group of idiots for contradicting themselves.
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weneedhelp (profile), 21 Mar 2012 @ 1:29pm

Re:
potentially MPAA speak= Absolutely

You forget MPAA math? 2+2 = 150,000
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Baldaur Regis (profile), 21 Mar 2012 @ 1:30pm

What will happen...
...is MPAA PR will continue to deny everything, while MPAA will outsource the lawyering to a trolling firm. Expect 1.7X10^8 demand letters to clog up the global mail services...very soon.
[ link to this | view in thread ]
weneedhelp (profile), 21 Mar 2012 @ 1:32pm

Re:
"then you are liable for copyright infringement."

So for those three movies you uploaded... $250,000 and off with your head. Your carcass will be impaled on a pole and put out there for all to see.
[ link to this | view in thread ]
mikey4001, 21 Mar 2012 @ 1:37pm

Re:
"What part of "potentially" are you not good with?"

Potential
Noun: Latent qualities or abilities that may be developed and lead to future success or usefulness.
Synonyms: possible - feasible - eventual

What part of "potentially" are you deliberately misunderstanding?
[ link to this | view in thread ]
DS, 21 Mar 2012 @ 1:38pm

My look at it
Sorry, but the two statements do make sense together. Let's look at what they potentially want to sue for
and potentially also against those who have knowingly or materially contributed to the infringement occurring through Megaupload...

The data they want kept is an invasion of privacy, let's not forget that Sony got all the IPs last year in the Geohot case, even though they never sued the individual users. What they likely want to sue for is contributory copyright infringement, which is when a person meterially induces someone to infringe, such as providing labor or services to do so.

With that knowledge, let's read the clarification;

�The reason we did that filing so that there is a possibility that litigation might be pursued against Megaupload or various intermediaries involved in Megaupload�s operation. We�re not talking about individual users...�

It goes perfectly with the previous statement and the definition of contributory infringement.
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Beta (profile), 21 Mar 2012 @ 1:41pm

win-win-win
A simple solution: Megaupload will hand the data over to the MPAA -- strongly encrypted. Megaupload will retain the keys until the courts decide whether the files are legal evidence or not. And woe betide the MPAA if the files get lost or damaged in the meantime.
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Anonymous Coward, 21 Mar 2012 @ 1:43pm

Re:
Except in this case they don't want to recognize safe-harbors. They want to be able to sue EVERYBODY involved. It's proof positive that their greed knows no bounds.
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hothmonster, 21 Mar 2012 @ 1:54pm

Re:
"it will make it more difficult for them to spout off nonsense and get legislation passed. Doing both takes some tremendous skill."

What? Spouting nonsense is how they get all their legislation passed.
[ link to this | view in thread ]
Anonymous Coward, 21 Mar 2012 @ 1:54pm

I wish I could be on the Megaupload jury.
[ link to this | view in thread ]
Mr. Oizo, 21 Mar 2012 @ 1:55pm

Re:
Yes you're right but then they should have sued the users and not the owner. This is not the way it is supposed to happen.
[ link to this | view in thread ]
Anonymous Coward, 21 Mar 2012 @ 1:56pm

Re:
If the MPAA has proof that some infringing was going on by a particular user, it should be able to present the evidence to a court and get the files of THAT user. The MPAA should not be able to get all the files and go through them looking for someone who might have been infringing.
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Boo Boo, 21 Mar 2012 @ 1:57pm

fucking insane
They may be backtracking now but its yet another insight into how they think.
They have somehow elevated the value of their content in their own minds to something that MUST be paid for by someone if they have set eyes on it and using multiples of 100s they decide that you owe them say $975,000 for uploading a couple of movies to a file locker :)))
They are fucking insane , just thank God they never got their hands on PIPA / SOPA , ( yet ) .
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Anonymous Coward, 21 Mar 2012 @ 1:58pm

http://fightcopyrighttrolls.com/2012/03/20/copyright-trolls-have-been-abusing-floridas-ancient-pure- bill-of-discovery-for-too-long-enough-is-enough-says-judge/

John Steele being bitch slapped by courts in Florida.
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Anonymous Coward, 21 Mar 2012 @ 2:00pm

Anyone who is for MPAA doing that suing: remember this
Megaupload was shut down ILLEGALLY in the first place. The "evidence" used was flimsy at best, non-existent or invented at worst. The trial is not partial as it has anti-piracy execs involved in parts of the proceedings that should be un-biased, and many legal steps by the law enforcement were done incorrectly or not at all. I believe there are some previous Techdirt posts on this. Now, MPAA wants to obtain data from an illegally done raid for massive lawsuits against everyday people?

Two wrongs--or any number of wrongs for that matter--do not make a right.

Also, from the context of that letter, MPAA wants to sue ALL the users of MegaUpload, regardless of whether that user infringed with MegaUpload or not.

As for that ridiculous PR statement, it's ignoring DMCA safe harbors provision (not the first time MPAA has ignored the safe harbors provision).
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Anonymous Coward, 21 Mar 2012 @ 2:05pm

Re: win-win-win
You can't hand them the data even if it's encrypted. They have no right to the files that are not infringement. They also have no right to go through the files to see if they are infringement or not. They would have to have law enforcement determine if the property was rightfully theirs first before it handed it over to them and with 25 petabytes to go through that would likely take quite some time. This is probably why the government sent the "you can destroy" letter because if it happened (even if they wasn't supposed to happen) they would just say "Oops! Sorry, we shouldn't have done that but there's nothing we can do about it now." However it would be an interesting turn of events if the government would turn to the MPAA and say "We can't give it to you, but if you want it preserved you can pay the bill" once the legitimate owners of their files are finished retrieving them.
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Anonymous Coward, 21 Mar 2012 @ 2:05pm

Re: Re:
Right so unfairly sue the owner so all data becomes evidence in the case then use that evidence to sue all the users, everyone wins.
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James Bosch, 21 Mar 2012 @ 2:12pm

Just Bill Them...
First thing I thought...

Carpathia should send the MPAA the monthly bill to keep the server farms running...
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John Warner, 21 Mar 2012 @ 2:17pm

business model
It how they make money these days
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Anonymous Coward, 21 Mar 2012 @ 2:20pm

There is the saying about tech companies' life cycle:

"When they are young, they innovate.
When they are old, they litigate."

MPAA, RIAA, and other collection agencies worldwide must be ancient, because they've done very little other than litigate for (how many?) years.
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Anonymous Coward, 21 Mar 2012 @ 2:22pm

I think they should sue the individual users. It would increase the risk factor when people are weighing the cost of pirating content.
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Beta (profile), 21 Mar 2012 @ 2:22pm

Re: Re: win-win-win
"You can't hand them the data even if it's encrypted. They have no right to the files that are not infringement."

Is that a legal statement? Assuming Megaupload knows how to keep keys secure (a big assumption, I admit), MPAA's possession of the ciphertext wouldn't do the MPAA any good or the owners any harm. Then the sifting could begin: the MPAA passes a small block of data to Megaupload, which decrypts it and passes it to the judge, who looks over it and decides whether it should be made public, returned to a user, or destroyed. Then the MPAA passes another small block. This could continue for quite a while...

Which reminds me, I should read Bleak House again.
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Anonymous Coward, 21 Mar 2012 @ 2:24pm

Re:
"Oh wait, all the people uploading to Mega were saints. Got it."
Including employees of the MPAA, RIAA, and members of law enforcement.
Sure as hell wouldn't call THEM "saints"!

"Anything you would like to add to your piracy apology of the day?"
Yes, we accept your apology, boy.
[ link to this | view in thread ]
Anonymous Coward, 21 Mar 2012 @ 2:32pm

whatever it is that the MPAA ends up doing, it will only be to the benefit of the MPAA. if there was/is the slightest chance that retaining data could be detrimental to the MPAA, there will be a flurry of letters desperately trying to get the data destroyed again! imagine what they will say if they fail!
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Yakko Warner (profile), 21 Mar 2012 @ 2:37pm

Re:
…it will make it more difficult for them to spout off nonsense and get legislation passed.

Yeah, because if anyone can sense and reject nonsense, it's a congressman.
[ link to this | view in thread ]
Mr bad example (profile), 21 Mar 2012 @ 2:45pm

Running the Insane Asylum
"There are days that the actions of the MPAA just make you shake your head and wonder just what goes through the minds of the lawyers running that insane asylum"...

Is it just me, or do these people behave more like mobsters than businessmen? Between the insane price demands they make for sites/businesses/individuals that want to do business with them, which are so outrageous that they make the "negotiations" over contracts look like nothing more than a protection shakedown, to their willingness to sue every individual they can point to for far more money than they should be entitled to (kind of like "cross me and I'll destroy your life"). to the lengthy record of stealing and cheating the very artists they supposedly represent out of the money they've collected on their behalf, they are nothing more than gangsters...what more do they have to do to prove it? Walk around in pinstriped suits carrying submachine guns in violin cases?
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KelvinZevallos (profile), 21 Mar 2012 @ 3:01pm

Re:
Knowing the track of the MPAA, the 25PB data search will be with a half-assed automated system and it will lead to lots of collateral damage and innocents to trial.

It would be interesting they might have to sue federal goverment members too.
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Jeremy2020 (profile), 21 Mar 2012 @ 3:04pm

Re:
I don't think that was his point. They *can* sue users, but it tends not to be a great way to make money to sue your customers.

Most of the point of this site is that flailing around yelling that it 'used' to be this way (whether that's real or imagined) doesn't do anything to change the reality.

Would you rather be 'right' or 'realistic'?
http://www.techdirt.com/articles/20120227/04401917888/would-you-rather-be-right-realistic.shtml
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Atkray (profile), 21 Mar 2012 @ 3:10pm

Re: Re:
but that would be hard.
[ link to this | view in thread ]
Vukovar (profile), 21 Mar 2012 @ 3:17pm

Re:
Unfortunately, the Judge has since vacated that order.
[ link to this | view in thread ]
John Fenderson (profile), 21 Mar 2012 @ 3:18pm

Re:
It would increase the risk factor when people are weighing the cost of pirating content.

People weight the cost of pirating before they do it? Hmm, that doesn't sound much like pirates that I have known.
[ link to this | view in thread ]
Anonymous Coward, 21 Mar 2012 @ 3:23pm

Re:
I hope they sue the individual users too since i used your Internet to do it....
[ link to this | view in thread ]
Anonymous Coward, 21 Mar 2012 @ 3:33pm

Re: Re: Re:
But everyone is guilty until the MPAA proves your innocence. It's like a Reverse Blackstone:

http://en.wikipedia.org/wiki/Blackstone's_formulation

"better that ten innocent persons suffer than that one guilty escape"
[ link to this | view in thread ]
Anonymous Coward, 21 Mar 2012 @ 3:39pm

Re:
Yeah, they should definitely employ the strategy so disastrous that even the RIAA gave up on it.
[ link to this | view in thread ]
That Anonymous Coward (profile), 21 Mar 2012 @ 3:42pm

Step 1 - Invent Criminal Case to bring your target to the US so you can then...
Step 2 - File a several kajillion dollar civil suit.

Collect money for damages at each trial, because there is no way possible people would pay for MegaUpload if not for our content. Claim anyone who says differently is just a freetard pirate out to destroy America.

Try and scrub server logs showing MegaUpload being used by **AA's IP addresses, US Gov Addresses, and disguise the fact some of the "infringing" material they were aware of only because they placed it there.

Decide that things are looking bad, the Government can't find the fabled billions of dollars Dotcom/Mega is to have been holding. Look for a new revenue target, the users. While going after them originally would have been a PR nightmare, we have started this scenario to make more money and we can't find it. The end users HAVE to be much richer for having downloaded a movie, our reports show that making a copy of one of our films creates money out of nothing, and it is owed to us.

Cue the shills....
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Clare, 21 Mar 2012 @ 3:43pm

Didn't they know ..
.. half the planet was a user on Megaupload? Seriously? (do I laugh or do I cry, not sure).

I'd love to see them prosecute half the planet, in fact, I dare them.
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Bugs, 21 Mar 2012 @ 3:55pm

Hey, anyone know how many 2 TB drives it would take ta hold 25 PB of data? Might not be a bad idea for folks ta hack in and make their own backups of the MU data. Then just post it on a new site and it's back on the 'net and ain't nothin' the MAFIAA maroons can do about it.
[ link to this | view in thread ]
Anonymous Coward, 21 Mar 2012 @ 4:06pm

ha ha ha ha ha HA HA HA HA HAH! ROTFLMFAO
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silverscarcat (profile), 21 Mar 2012 @ 4:11pm

Re:
SO, they've been old since the printing press?
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TtfnJohn (profile), 21 Mar 2012 @ 4:19pm

Re: Running the Insane Asylum
They believe too many of the bad New York mob films they made where the mobster/protection guys all looked like male models and the women were gorgeous models so the baddie changed his mind about shooting her.

The main difference is the the MPAA doesn't change it's mind if you're a gorgeous model or not.
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Rikuo (profile), 21 Mar 2012 @ 4:19pm

Re:
Tell me...what's more important for a business? Chasing and suing people for downloading...or trying to actually improve sales?
I have yet to see a single initiative by the MPAA/RIAA to improve sales that was actually well thought out (e.g. the go-to-mall-scan-QR-Code-order-physical-DVD-in-mail idea that had so much fail I had to do a facepalm after reading it).
I'm pretty sure if the MAFIAA actually tries hard enough, they can stop copyright infringement. But guess what the end result will be?
A destroyed Internet, tens of millions of pissed off people who will en masse never buy a single MAFIAA product ever again.
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Rikuo (profile), 21 Mar 2012 @ 4:22pm

Re:
1 PB = 1,000 TB. So, using 2TB hard drives, you'd need 500 separate drives for 1PB. Multiply by 25, and you'd need a total of 12,500 2TB hard drives.
Hmm. Wonder if you can run that amount of drives in a single RAID configuration.
[ link to this | view in thread ]
TtfnJohn (profile), 21 Mar 2012 @ 4:29pm

Re:
The movie industry pirated tons way back in it's wayward youth. Ignored patents and copyrights, refused to pay damages and just went ahead making those good old silent films we grin at so much.

Later on companies around the MPAA did innovate, colour, sound and so on. But they were already in threat mode which they refined a bit when VCRs came along.

Now they whip out the paperwork for lawsuits is whipped out at the sniff of possible infringement 40 years down the road.

And we get remakes of My Mother The Car and John Carter (but not of Mars!!!). Now THAT's innovation!
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Josh (profile), 21 Mar 2012 @ 5:03pm

If the MPAA decided to sue the users of Megaupload I don't think it would really do much more damage to their reputation. I mean, people can only hate them so much, and they're pretty much there already.
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Dave, 21 Mar 2012 @ 6:01pm

MPAA - the power
Seems that MPAA, if they have the megaupload user list, can then arbitrarilly choose who they want to zap by suing, and who they can let go. Quite a bit of arbitrary power over a bunch of citizens. Amazing how far copyright is taking us towards total censorship. If MPAA sues, they should obviously sue all the violators - not just the ones they don't like, not just the ones they decide should come to justice. Can MPAA take over the law's job and decide who is treated like a criminal and who isn't? Seems a lot of power given to them.
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Anonymous Coward, 21 Mar 2012 @ 7:10pm

Re:
What are you talking about? This is the MPAA we're talking about; the guys who insist that "potential customers" are always lost to privacy. "Potentially sue" therefore means "will definitely sue".
[ link to this | view in thread ]
silverscarcat (profile), 21 Mar 2012 @ 7:10pm

Re: Running the Insane Asylum
The IRS should audit them.
[ link to this | view in thread ]
Anonymous Coward, 21 Mar 2012 @ 7:45pm

Re: Re:
The way it works is that the MPAA will first file a civil suit against Megaupload. It will then be able to see all of those files. As part of the review they will then find out the identity of the Megaupload trading partners and likely others. The paid uploaders are in big trouble.
[ link to this | view in thread ]
Anonymous Coward, 21 Mar 2012 @ 7:51pm

Re: Anyone who is for MPAA doing that suing: remember this
Please adjust the thickness of your tinfoil hat. Your deranged thoughts are probably being monitored by the NSA at the behest of the MPAA.
[ link to this | view in thread ]
Anonymous Coward, 21 Mar 2012 @ 7:53pm

Re: Re:
paid uploading partners are the target.
[ link to this | view in thread ]
Anonymous Coward, 21 Mar 2012 @ 8:05pm

Re: MPAA - the power
There is no restriction on who you can sue that has wronged you. You are not compelled to sue everyone or anyone. You can pick and choose based on who you "like" or "dislike". The ISP's probably knows who everyone who posts on Techdirt and will happily provide that to the AA's for cross-referencing.
[ link to this | view in thread ]
Anonymous Coward, 21 Mar 2012 @ 9:14pm

That's why logs are bad.
[ link to this | view in thread ]
Jay (profile), 21 Mar 2012 @ 10:42pm

Re:
They must charge $20 for getting off the bus. They left the marketing team 5 stations down.
[ link to this | view in thread ]
That One Guy (profile), 21 Mar 2012 @ 11:29pm

This is easily the best part:

'... In light of the potential civil claims by the Studios, we demand that Carpathia preserve all material in its possession, custody, or control, including electronic data and databases, related to Megaupload or its operations.'

Emphasis mine. They don't ask, they don't get a court order for it, oh no, they demand that Carpathia retain the data so they can use it later. Now if in the next line they then said that they were willing to pay the costs to retain the data, that would be one thing, but I just don't happen to see that part for some reason.

Someone was definitely on a power trip when they typed that one up.

I'm rather surprised that when they sent out the first letter they didn't include a part claiming that it would be illegal for them to show it to anyone, though I imagine if they thought they could get away with it something like that would be auto-included on anything and everything they send out.
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Charles Widmore, 21 Mar 2012 @ 11:42pm

Abstinence is the only way to be 100% sure
A rather large hollywood type company that has a habit of making so so movies recently made a investment of 250 million dollars in a mega flop called Shaun Conner or something. The movie may be really good or really bad but I wont know because I refuse to go to any theater and support the pond scum that is trying to force toxic laws that go against the constitution on us. (mayhaps I am not alone in this endevour?)
Since money is the only language these dolts sabe I suggest a BOYCOTT of all new offerings from all of them until such a time as they appear to comprehend the error of their ways.
If you don't give them your tacit approval (read 'buy their crap) the point may become more apparent to them.
This may or may not work but abstinence is the only way to be 100% sure they have a chance to get the message.
[ link to this | view in thread ]
Niall (profile), 22 Mar 2012 @ 4:07am

Re: Re:
I think the phrase "buy a pig in a poke" was invented for them and their pork.
[ link to this | view in thread ]
Niall (profile), 22 Mar 2012 @ 4:10am

Re: Re: Re: win-win-win
Well, there are very strong data privacy laws in the EU. Some of that data belongs to or involves EU citizens, so they could get into trouble over here for having it without authority, let alone using it.
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explicit coward (profile), 22 Mar 2012 @ 4:14am

Abstinence will only lead to more claims about piracy
Say you got a majority of the consumers to adhere to this boycott. But if you don't get ALL of the uploading infringers (aka pirates) to join in, HELLywood will finally be able to present REAL NUMBERS about shrinking revenue AND they will obviously blame piracy for it.

Rethinking it, they will blame it on piracy no matter what - even if all infringers suddenly cried out in terror and died.
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Anonymous Coward, 22 Mar 2012 @ 4:19am

Re:
MPAA has no claim against the users. There is no reason for the MPAA to request to see the users data.

What country do you live in. Just because there is a drug dealer in your city block doesn't mean you are aware of them.

Seriously, I'm sure you intend to enjoy the rights of living in the US but are not willing to allow others?

DIAF
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John Doe, 22 Mar 2012 @ 4:30am

Did I read this right, there are 60,000,000 users of MegaUpload?
I read the headlines somewhere that there are 60,000,000 users of MegaUpload. If most, as alleged, are involved in piracy then can piracy really be a crime? If government is of the people, by the people, for the people and the people want to share digital content, then should it really be a crime?
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techflaws.org (profile), 22 Mar 2012 @ 4:44am

Re:
And it would certainly make those users being sued to ever pay for entertainment again (provided they even have enough money left)? Really?
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techflaws.org (profile), 22 Mar 2012 @ 4:46am

Re: Re: MPAA - the power
The ISP's probably knows who everyone who posts on Techdirt and will happily provide that to the AA's for cross-referencing.

Based on what law? Or just on the **AA's say-so?
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techflaws.org (profile), 22 Mar 2012 @ 4:47am

Re: Re: Re:
Paid in cash? Paid in accounts, bonus points, bitcoins, PaySafeCards?. Are they identifyable? Have they used VPNs?
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Anonymous Coward, 22 Mar 2012 @ 4:52am

Re: Re: MPAA - the power
That includes you, right?
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Are you even trying, 22 Mar 2012 @ 5:04am

Re:
So you're fine with suing car manufacturers when there's a hit&run? Or would you just sue the state because it happened on a road?
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jcd, 22 Mar 2012 @ 5:11am

Re:
why you initiating violence against me ?
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Niall (profile), 22 Mar 2012 @ 5:29am

Re: Re: Running the Insane Asylum
But they lost all their money to piracy! Even the millions they paid to Chris Dodd!
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Anonymous Coward, 22 Mar 2012 @ 6:21am

Re: Re: Re: MPAA - the power
Given the precedent set by Google for sharing data, I can easily see Comcast providing names to NBC/U.
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Anonymous Coward, 22 Mar 2012 @ 6:23am

Re: Abstinence is the only way to be 100% sure
didn't you hear, this March everyone was supposed to boycott all member companies of the RIAA and MPAA.
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Anonymous Coward, 22 Mar 2012 @ 6:25am

I read the headlines somewhere that there are 60,000,000 users of MegaUpload. If most, as alleged, are involved in piracy then can piracy really be a crime? If government is of the people, by the people, for the people and the people want to share digital content, then should it really be a crime?

Right on brother. Then let's put paying taxes up for a referendum. Then abortion, capital punishment and all the other shit people don't like.
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Anon, 22 Mar 2012 @ 8:25am

String up them lawyers.
"That's what happens when you put the lawyers in charge, without any real knowledge of technology, business or just how ridiculously bad they make themselves look with their extreme positions."

Yes... because it's really not the executives for whom those lawyers work who want to sue the users. Give me a break.
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Boby J (profile), 22 Mar 2012 @ 12:01pm

I strongly believe the irs should should audit them.
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Anonymous Coward, 22 Mar 2012 @ 2:38pm

$9,000 is an amazing bargain for so much data....with MPAA math that data comes out to $86 qudrabillion dollars and that's after the lawyer fees....lol
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Anonymous Coward, 22 Mar 2012 @ 5:29pm

Re:
wtf? Why?
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Anonymous Coward, 22 Mar 2012 @ 5:55pm

Fact about the MPAA that people don't know about.

#1 - An MPAA group goes against what they are fighting for. www.acidplanet.com owned by Sony Creative Software (originally Sony Media Software upon the purchase of Sonic Foundry) is a subsidiary of Sony, focused primarily on their line of media production software. Additionally, they produce a series of audio loops, sound effects and other media for use with their software. The server of that site HOLD number of illegal copyright files that are unathorized by the bands and artist. This is in violating of ALL policies out there. Since an MPAA group is actually hold a site and server with illegal posting. So not the MPAA get sued for all the music on that site.

#2 - The MPAA and RIAA used sites like megaupload and others to distribute mixtapes on their artist and free promotional singles. So in turn, they are the MAJOR criminals in the case.

#3 - People would both formats like 8-tracks, cassettes, mini-disc, reel-to-reel, quad vinyl, quad 8-tracks, etc. were the major companies forces customers whom paid high costs on equipment to play these formats. They discounted the formats. Some go to MPAA doing 8mm films to VHS to VHS-C to DVD to Blue-Ray to Digital HD. They owe the customer trillions of dollars spent on the equipment to play them.

Both the MPAA and RIAA need to be counter sued due to their activities that are very mafia like. They HAVE broken the law and need to play the AMERCIAN public quad-trillions of dollars. The MPAA and RIAA are monolopies business now and when someone wants to Do It Themselves. The MPAA and RIAA sue them. It is time that both companies disolves and PLAY the USA customers they quad-trillions of dollars for using illegal business tactics.
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Titanium Dragon, 22 Mar 2012 @ 9:44pm

Totally legitimate
If you uploaded data to Megaupload and got -paid- to do it, I think the MPAA can and should hold you liable for it.

Seriously, what are you all afraid of? Its not like any of you pirated files from there, right?

Right?

Oh right, of course you did.

The MPAA is not going to sue a million people. Suing people who uploaded lots of illegal material, though? I could totally see them doing that, especially if they were paid to do so.
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Anonymous Coward, 22 Mar 2012 @ 10:40pm

They won't sue for using Megaupload, but
They'll just have this great big stockpile of data that they can use for propaganda, lobbying and of course correlating (hopefully) with potential Bittorrent lawsuit candidates and using it as evidence against them. Or to send you settlement letters. Guess it really depends on how much info was given to them in any connection logs and the account creation, then how cooperative the payment company or email host are. I haven't used MU.
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techflaws.org (profile), 22 Mar 2012 @ 11:01pm

Re: Re: Re: Re: MPAA - the power
URL? Cause I can say the **AA sucks as much as I want which entitles NOONE to see my identy revealed. Why would they?
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Titanium DragonSlayer, 25 Mar 2012 @ 8:45pm

Totally legitimate lawsuits
@Titanium DragQueen - files downloaded to a non-USA country from servers in another non-USA country, to an IP address that could have been used by multiple persons in a household (provided the suing party could even get legal access to the logs from those non-USA based servers - if they even existed by the time they decided to sue) ... then proving a specific person was using the computer in that household at that specific time (proving beyond any reasonable doubt that computer/ip address wasn't hacked and remotely used to download those files using a remote control app) What laws would apply -- certainly not US laws if all actions occurred outside USA jurisdiction. I'd say only USA citizens need to even remotely worry about lawsuits.
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RosalineAng, 25 Mar 2012 @ 11:12pm

I downloaded stuff from megaupload mostly anime...so great I'll be sued now! FUCK
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Titanium DragonSlayer, 26 Mar 2012 @ 2:39pm

@RosalineAng - 1. Only if they get full access to all the server files + (PLUS) 2. Only if it was a MPAA member property + (PLUS) 3. Only if they can legally get access to your ISP logs + 4. They can prove it was you (physically using the computer) at the specific time and dates in the log and bsolutely no one else had access to it at that time and date... etc ... a lot of if's.
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Business directory, 27 Apr 2012 @ 4:08pm

If government is of the people, by the people, for the people and the people want to share digital content, then should it really be a crime?
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