MPAA To USTR: More Shutdowns Like Megaupload, Please
from the protectionism-at-its-finest dept
The USTR has released the various comments sent in for its annual "notorious markets" report. This is related to its annual Special 301 report, and it's where the USTR basically takes the list of sites and countries that the entertainment industry (and the pharmaceutical industry) don't like... and declares them "notorious" for not doing enough to please the execs in those industries in cracking down on infringement. TorrentFreak points us to the latest filing from the MPAA, which is chock full of... not a single surprise. Basically it just names all the websites that it doesn't like because they challenge its business model. Same old story. But where it gets a little interesting is where the MPAA gleefully talks up how totally awesome it was when the feds shut down Megaupload, and implies that life would be that much grander if the feds did that kind of thing more often:This year's seizures of Megaupload.com and Megavideo.com by the Department of Justice illustrate the extent and impact that hosting hubs have on the online landscape. Prior to the seizures, Megavideo.com (Alexa 177) and Megaupload.com (Alexa 72) were estimated to receive 3,447,7741 and 2,640,8452 unique visitors each month, respectively. Megaupload.com alone was estimated to have consumed 11.4% of the Internet bandwidth in Brazil. When these two websites were taken down, many linking websites, custom search engines, and custom streaming scripts that relied on the sites for content became inoperable. Some websites were abandoned by their operators, others lost traffic, while still others shifted their business model. For example, Wupload.com (Alexa 918), which was featured in MPAA's filing last year, disabled file sharing. Affiliate programs that paid uploaders for content were also discontinued or removed by many hubs. Further, infringing content was purged by operators in bulk, which was followed by uploaders who deleted their own files to prevent the hubs from profiting on the uploads without paying incentives. In sum, the impact of these seizures was massive and the hub landscape is still recovering.I have to admit that I'm not sure I understand the comma notation in those unique visitor numbers (don't you normally put a comma every 3 digits rather than 4? Is that a phone number? Are they talking about 3.4 million or 34 million?).
But, either way, the whole bit of glee over Megaupload is fairly unseemly given a few key points. First off, the absolute disaster of the case against Megaupload so far. Eventually, they may get their act together, but to date, it's involved missing or destroyed evidence, questions about the warrant, illegal spying, more requests to destroy evidence and general attempts to demonize the people involved. While Megaupload may eventually be found guilty, that's far from certain at this point. All of these errors are certainly raising significant doubts about the DOJ's ability to understand what's actually happening.
And it's that last fact which highlights why the takedown process here is totally broken. Even if Megaupload is eventually cleared, the company will have lost more than a year (and likely more) to fight the lawsuit, and the company, as it is, is basically dead. It's still never been adequately explained why the MPAA can't do what the law requires, and take the targets to court, seeking an injunction. These aren't drug lords they're dealing with. They can be tracked down and found (without resorting to illegal spying). That's not to say the sites should be legal, necessarily. That's fact-specific. But, the idea that the US government, at the urging of Hollywood, should just take down a business, without letting the site owner even express their side, is so extreme as to be laughable. You would think that, given how badly this whole thing may backfire in its face, that MPAA would have started backing away from the whole "Megaupload is a perfect example" stump speech by now. But it seems to want to play out that lie for a while. To then play that up as a good example really suggests that the MPAA is in denial and still thinks that the scary caricature of Kim Dotcom that it has built up in the minds of Hollywood execs, is still a legitimate thing.
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Filed Under: censorship, notorious markets, ustr
Companies: mpaa
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They're just jealous...
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Why would the MPAA back away
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Mike always sides with pirates. That's a fact.
"That's not to say the sites should be legal, necessarily. That's fact-specific."
What was the main source of Megaupload's content, Mike? That's a specific easily determinable FACT, and once established, it's clear that even Big Media can be morally right. Of course, Mike never argues on the moral aspects, only on narrow legalisms that would result in Megaupload being able to grift forever. That is in effect supporting piracy.
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" Even if Megaupload is eventually cleared, the company will have lost more than a year (and likely more) to fight the lawsuit, and the company, as it is, is basically dead. "
From the content industry perspective, this is a feature, not a bug. Destroying Megaupload immediately, without having to wait for courts and lawyers, is a huge win.
"It's still never been adequately explained why the MPAA can't do what the law requires, and take the targets to court, seeking an injunction. "
For the content industries, following the law is too expensive, too time-consuming, and (in the case of actions against individual end-sharers) it doesn't scale.
Batman doesn't worry about getting warrants, he just delivers justice. :-)
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Digit Grouping
Wikipedia: Digit Grouping
Note in particular that in Indian numbering, counting lakh and crore, customary digit group separation assigns the different sizes to groups within a large number. That is, it uses groups of both 2 digits and three digits, e.g. 5,05,000.
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Are you unaware of how criminal prosecutions work? Sometimes the victim complains to the government, and then the government prosecutes the alleged criminal. You're acting like this is something new. I really cannot fathom what you're getting at. The government prosecutes criminals on behalf of their victims every single day.
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Re: Mike always sides with pirates. That's a fact.
Actually, boy, it isn't an "established fact".
Only be examining every single file on MegaUpload could that "fact" be ascertained.
So why does the Department of Justice want the files deleted?
Because your so-called "fact" would be disproven, boy.
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Let's re-write that from another perspective.
When these two websites were taken down, many other totally legal websites, custom search engines, and custom streaming scripts that relied on the sites for storage became inoperable. Some websites, built by humble entrepreneurs trying to make a living completely legally, were forced to be closed by their operators who could no longer make a living, others lost traffic (and hard-earned revenue), while others were forced to do what we continue to do because they cannot afford to lobby as hard as we have and gain control of law enforcement around the globe. Some of these may have become innovative services that could have helped our economy.
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Ther e Should Be a Law
But that's highly unlikely, am I right? Can a boy dream that we don't have industries like the MPAA going after smaller businesses with the government in tow and breaking laws at the same time, all while trying to keep this shiny white exterior that people know it's cold, black and murky on the inside?
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Re: Why would the MPAA back away
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And breaks its' own laws in the process...
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Re: Mike always sides with pirates. That's a fact.
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Re: Mike always sides with pirates. That's a fact.
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Re: Digit Grouping
Thanks for the info though, very interesting what you told us.
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Also, criminal prosecutions rely on due process of the law. Not with the prosecutors hiding evidence, refusing to show it, illegally spying on the defendant, etc.
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I mean, it's not like anyone uses these sites for any legitimate purpose, right? I'm sure all those users who had their private data lost on MegaUpload were just part of the conspiracy!
You heard it here first. If you participate in ANY data storage website, even if it's for your own selfish legitimate storage purposes, you are just another supporter of stealing. Same goes for you people who buy second hand DVDs from ebay and sell them again - that's ALSO no different from stealing! Because we deserve money every time you lay your fingers on OUR property!
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Re: Re: Mike always sides with pirates. That's a fact.
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Re: Re: Mike always sides with pirates. That's a fact.
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Re: Mike always sides with pirates. That's a fact.
What was the main source of Megaupload's content, Mike?
From news reports (the same reports you can read) it seems the main source of Megas content were private files, legal private files which the owners can no longer access. The MPAA also wishes to either destroy this evidence, or make to return process to onerous that it can never be fulfilled.
result in Megaupload being able to grift forever
Again, from news reports and from the limited info released by the DOJ and others involved in the case, it seems as if Mega was actually working with both the MPAA and the DOJ.
It also seems pretty clear that a new service about the be launched by Mega scared the water out of the MPAA and they therefore enlisted their water carriers (DOJ) to carry out multiple illegal acts for stop this new service from coming online.
You should seriously grow up, learn to read and form opinions of your own instead of acting like a copyright industry parrot.
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Re: Re: Digit Grouping
Just because they have “America” in there name doesn't mean they didn't off-shore their numerology.
For that matter, they might of kept it on-shore and used American Indians for accounting purposes.
You can't be so dogmatic.
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Re: Re: Re: Mike always sides with pirates. That's a fact.
If you just post directly without using the 'Preview' option, occasionally there's a hiccup of some sort that causes the HTML tags to muck up, either being removed entirely, or being shifted around a bit.
As such, if you're going to be using tags, best to always use the preview option to make sure it comes out right.
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Re: Mike always sides with pirates. That's a fact.
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Re: Re: Re: Mike always sides with pirates. That's a fact.
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Re: Re: Re: Re: Mike always sides with pirates. That's a fact.
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Re: Mike always sides with pirates. That's a fact.
If there were any criminally infringing files on Megaupload then the prosecution will most certainly produce both the infringing files and also the evidence that the files were infringing in a court case trial to prove their case. If they do not produce those infringing files and the evidence to show that the files were infringing then they will not have a case. Yet, the DOJ have always insisted that the files on the servers must be deleted as soon as possible and this is before Dotcom is extradited and before a trial. Why would the prosectuion insist on deleting these files as soon as possible before a trial because if they did that then they will not have any evidence to show in the trial that the files were infringing and therefore will have no case. Surely if the files were infringing then the prosecution will insist that the files not be deleted but no they have always insisted that the files be deleted.
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Re: Re: Re: Mike always sides with pirates. That's a fact.
Feel free to return when your brain starts functioning.
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Re: Re: Re: Re: Mike always sides with pirates. That's a fact.
My name is Rikuo, not Riikuo.
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He's delaying the trial by fighting extradition. If he wants a trial, he should stop doing everything in his power to avoid the trial. You aren't making much sense.
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Re: Re: Re: Re: Re: Mike always sides with pirates. That's a fact.
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But if he wants a fair trial, he would do exactly what he's doing.
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https://www.techdirt.com/articles/20120710/17055819652/kim-dotcom-offers-to-come-to-us-if-doj-re leases-funds-legal-defense.shtml
Dotcom has offered to come to the US.
So how is he "fighting extradition" again? Oh wait, he should just accept being flown to a foreign country automatically when the evidence is clear he would not receive a fair trial.
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Re: Re: Mike always sides with pirates. That's a fact.
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Re: They're just jealous...
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Re: Re: Re: Mike always sides with pirates. That's a fact.
"Would it have to shown", besides being grammatically incorrect is NOT "Does show".
The fact the DoJ wanted the files destroyed before trial indicates they felt the evidence wouldn't support their conclusions.
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I've been making this comment for years: to the content industry, the Internet - all of it - is acceptable collateral damage.
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Re: Re: They're just jealous...
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When pretty much the only evidence (as far as I've heard) presented against Dotcom is that he didn't delete certain infringing files (but the fact that those same files he was ordered NOT to delete in order to help another case somehow goes unnoticed by the prosecution), it pretty much shows that the US prosecution doesn't have much, if at all, of a case against him, and thus, it is right for Dotcom to fight extradition.
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It's MPAA Math!!!
I think I just figured out MPAA Math!!! Now to go back and do some recalculations to check!!!
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Re: Re: Re: They're just jealous...
All they have to do is shut down, what tens of thousands of more sites and that should be that.
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Re: Mike always sides with pirates. That's a fact.
Hang on, let me go find something to hit my head with... oh wait, I got a convenient desk here... *smacks head*
Hang on... are you Blue or are you bob? But then, who's morally right and how? Of course Mike never argues about the moral aspect because that would go against what this site is about! The idea is that this is supposed to be a unbiased view on the world of technology and copyright, while bringing in things that are related to it. This is also an opinion blog, which clearly you're against! However, his opinion is that he's not in favor of piracy but admits that it's still going to be around no matter how hard anyone tries to get rid of it.
You people, on the other hand, would take this, twist it up, and present it to say that he's in favor and wants to do everything he can to keep it prolonging. That's utter bullcrap! Mike has gone on record hundreds of times already about this and we repeatedly keep telling you that, but all of you downright refuse to believe this and keep pushing forth this silly belief that you want to have a "honest and frank discussion" and have Mike answer all your loaded questions, when in reality you're going to bash him straight down into the ground and laugh at him for being so immorally inferior.
Opinions can be biased. Opinions can be unbiased. TechDirt is an unbiased site. You want an biased answer for a personal attack to take you look morally superior while we look like trash.
Your thought that one line is proof that Mike is pro-piracy. Blue, there are hundreds, if not thousands, of articles on this site alone that says Mike is not in favor of piracy but doesn't deny it existing. You and your "friends" will continue this masked delusion that you'll eventually find that holy grail that'll solidify Mike's position on loving piracy.
But until then...
GET!
A!
LIFE!!
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Re: Why would the MPAA back away
The blowback from this operation traces its way through the Kiwi government to the FBI to the DOJ to the MPAA. The Kiwis are being discredited now; as this debacle further unravels, the US will be discredited also. I don't know how NZ politicians feel about forgiveness, but I DO know how US pols go about forgiving: they'll smile, bide their time, and when the time is right, stick a knife right through the hearts of those responsible for their embarrassment.
Money can buy you a lot in Washington, but it won't buy you immunity from payback.
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Re: Re: They're just jealous...
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Fascinating quote
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Re: Re: Re: Mike always sides with pirates. That's a fact.
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Re: Re: Mike always sides with pirates. That's a fact.
You missed a subtlety: The strategy, as I see it, is as much an attempt to get a statement against piracy. Then, that joint “anti-piracy” position can be used to de-leverage any argument against extreme measures.
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Yet this is what happened here. The US government seized and destroyed this entire company. As far as we know, they have no respectable evidence (they have neither released any publicly, nor shared any with the accused). The warrants have been declared invalid. They have tried to have evidence destroyed. They have convinced a friendly government to break their own laws to spy on a resident of that country.
Shouldn't someone who respects property be pointing out how horrendous the actions of the US government are?
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Re: Re: Re: Re: Mike always sides with pirates. That's a fact.
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Re: Re: Re: Re: Mike always sides with pirates. That's a fact.
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Re: Re: Re: Re: They're just jealous...
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Why was this a criminal prosecution? Google and YouTube weren't treated that way and when they began, they drew their share of complaints as well.
I think civil v. criminal is a pretty important question to ask. The kitchen sink of charges against Mega that proped up claims raising the case to DOJ were (basically) BS. Isn't that a crime?
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Re: Re: Re: Mike always sides with pirates. That's a fact.
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The plutocrats have forgotten just what happens when you trample the serfs (commoners) too much.
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Because they allegedly violated criminal laws. You guys don't make a lot of sense. They are accused of being criminals, i.e., violating criminal laws. Those crazy Hollywood folks are called the victims. You guys act like you've never seen anyone get prosecuted before. There was an investigation and a grand jury and an arrest warrant and everything. Just like every other criminal prosecution that happen everyday to thousands of people. Crazy, I know.
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Re: Mike always sides with pirates. That's a fact.
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Re: Re: Re: Mike always sides with pirates. That's a fact.
Please remember that part of Mega's business plan was rewarding independnt content creators (unlike the MPAA and RIAA since they create nothing) with a reward for downloads. Some persons would pay for that link. Mega was planning to expand that to independant content scheduled to begin a month before their takedown.
I think the evidence might indicate that only a fraction of content stored on Mega was infringing.
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Ok, I'll completely agree with that. The fact still remains that he has not been tried, or even charged and a seizure of his business has happened that deprived him of income and property - not to mention the deprivation of property of many, many parties that are never going to be charged.
In the United States, pre-trial seizures are only for the specific purpose of preservation of evidence. Seizure cannot be used as a punitive measure - as per the US Constitution - without due process.
Perhaps he is trying to avoid prosecution by using a loophole to keep him from being brought to the country to stand trial. Even if that is the case, and he is completely guilty and deserves to have his company destroyed and all of his money taken away - out government is to be held to a higher standard. Our government cannot be allowed to violate someone's rights to due process because "in this case, he deserves it".
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The arrest warrant was found to have been illegal, and the actual arrest has been shown to have been over the top, what with SWAT style tactics to arrest a man accused of copyright infringement.
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In this case, yes. As Rikuo points out, every indication is that he cannot get a fair trial in US courts.
Even besides that, it appears likely that he didn't violate NZ law and that what he appears to be accused of by the US doesn't qualify for extradition. If that's true, then extraditing him at all is a miscarriage of justice regardless of whether the US trial would be fair.
The only way to determine if extradition is even justified in the first place is to take it through NZ courts. Which is what he's doing.
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Re: Why would the MPAA back away
No Sympathy
No Mercy
No Forgiveness
Just Death to the Assholes of the MPAA !
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That's just not true.
“The Cash Machine: How the Philly D.A. seizes millions in alleged crime money — whether there's been a crime or not.” by Isaiah Thompson, City Paper, Nov. 29, 2012
Philiadelphia is taking in better than $6 million a year —cash— for the purpose of creating an unaccountable slush fund (sidebar story: “How the Philly D.A. spends millions of dollars is a mystery”).
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Re: Re: Re:
There was a grand jury in the US; they indicted Dotcom in NZ. Unfortunately, NZ disagreed with the US jury, said the claims were bogus, and refused to extradite Dotcom.
There was an arrest warrant. It was found to be illegal. There were also warrants for seizing Dotcom's property and data. Those were also found to be illegal. There were also warrants to copy the seized data into the US. These warrants were also found to be illegal.
This is not, in fact, "just like every other criminal prosecution". There are serious questions about the DOJ's motives, procedures, and evidence -- not least because the DOJ prefers to only bring cases it thinks it can win, and winning looks ever more unlikely.
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They forgot to mention all of us legit users who now wander from unreliable file host to unreliable file host hoping to find one that worked half as well as Mega did. I'm tired of mailing people links to legit files, only to have them not work.
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Re: Re: They're just jealous...
You fail.
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Because that's the model of every single copyright enforcement effort. Go after grandmothers and dead people. Threaten to blackmail people with the association of pornography. With Dotcom's past they must have thought it much easier to get sympathy on their side.
And then they managed to royally fuck it up, making Dotcom look like the hero.
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I am shocked!
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Re: Re: Re: Re: Re: Re: Mike always sides with pirates. That's a fact.
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If he was a criminal why not prosecute him in his country of residence?
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Re: Mike always sides with pirates. That's a fact.
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Seriously, get a life.
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Re: Re: Re: Re: Re: Mike always sides with pirates. That's a fact.
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Re: Re: Re: Re: Re: Mike always sides with pirates. That's a fact.
Citation, please?
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Re: Re: Re: Re: They're just jealous...
I agree. They should start with any site that ends with .gov as well as any site run by the MAFIAA or their member corporations. /sarc
They enforced the law, the site was shut down and piracy was stopped dead in its tracks.
Wrong, and wrong again. They have not yet been able to even charge anyone with a crime, nor have they said what the law was they enforced, and piracy is very, very much alive.
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The government has...
...frozen his assets!
...tried to get his lawyers removed from the case!
...refuses to show what evidence it claims it has against him (a requirement in criminal prosecution)!
Explain the "logic" of any of those actions.
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Because he hasn't broken any laws in New Zealand?
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On you, boy, that's probably the only place you don't have a tattoo.
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Re: Why would the MPAA back away
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Duh.
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Re: Re: Re: They're just jealous...
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Re: Re: Re: Re: Re: Re: Mike always sides with pirates. That's a fact.
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Re: Re: Re: Re: Re: They're just jealous...
Note the use of 'silly', which is far too mild a pejorative to be used by some of the pro-MAFIAA flaming 'poopyheads'.
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Hey, that's my line...!
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Well, it is Philadelphia. You have to understand that “Things Are Different” in Philadelphia.
For instance, in other recent news from Philadelphia, a few eyebrows have been raised over the Chadwick Report (Nov 19, 2012)
But as this Philadelphia Inquirer story about the Chadwick Report points out, “Things Are Different in Philly”. (“Report details Traffic Court awash in favoritism” by Troy Graham, Nov. 26, 2012.)
So you see, the question should not really be whether it's actually constitutional or shmonstitutional—but whether it's Philadelphia, and whether Philadelphians believe it's fundamentally fair.
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