Posts by nzlemming
Last ←Newer Page 1 2 3 4 5 Older→ First
-
Hard News: The Mega Conspiracy, in reply to Kumara Republic,
Sounds like it’s on now.
nom nom nom
-
Hard News: The Mega Conspiracy, in reply to alobar,
Google’s terms and condition make it clear there’s no guarantee documents stored on their servers will be safe and secure. I suppose MU’s T&C’s were similar ?
The site being gone, it’s a little hard to check ;-) but I found this on Scribd – could be genuine. Same claim is made.
And even if they weren’t who’d store important data there without up to date backups in another location?
I wish I had a dollar for every time I’ve come across that situation.
edit And simple things like contracts mean nothing to lawyers who want to take a case against the government and smell a dollar in it for themselves. How many lawyers does it take to change a light bulb? How many can you afford?
-
Hard News: The Mega Conspiracy, in reply to bob daktari,
Well, one would think so, yes. I'm watching this very closely as it's going to be a significant factor in the final case. If MU require the data to mount a defence, as they say they do, then there might be a judicial requirement for the USG to keep paying the storage bills in order to preserve it, given that they have frozen MU's funds. Or a judge might unfreeze funds for the sole purpose of paying the bills. I've seen judges order crazier things than that.
Also for the USG to contend with might be liability actions for loss of data brought against them by legitimate users of MU, who are substantial, and the possibility of such a class action suit derailing their case.
Fire up the popcorn machine!
-
Hard News: The Mega Conspiracy, in reply to Islander,
Doesn't it thou? However, you can put 3 lawyers in a room with the same problem and get 7 different opinions ;-)
-
Very interesting analysis from Jennifer Granick at the Stanford Law School’s Center for Internet and Society
-
Hard News: The Mega Conspiracy, in reply to DexterX,
Lemming I am just not as interested as you in being as justifiably “RIGHT” or right wing..
Moi??? Don't think so. But pleased to hear that you're happy being wrong. You have so much experience at it, after all.
That is all I have got to say.
Then my work has been successful ;-)
-
Hard News: The Mega Conspiracy, in reply to Steve Barnes,
Seems Te Herald are, for once, not on the side of “Laura Norder”
It's not often that I find a Herald editorial to be more cogent than the comments, but I live to be surprised.
-
Hard News: The Mega Conspiracy, in reply to DexterX,
That isn’t the question/dynamic I am posing – what I say is that all that needs to happen is that the USA files papers in America against a NZ Resident and there arises an almost an automatic right of extradition.
Yes. That's how the process works, for us as well as them. The USG presented a case to a Grand Jury in Virginia (I hesitate to say evidence, as the threshold for an indictment is a lot lower than a conviction) on the basis that a large number of MU's servers were in the US and thus the alleged crimes fell under US jurisdiction, and the jury determined there was a case to answer. Once the indictment was granted, a judge would have signed an arrest warrant and the FBI would turn to the NZ Police for assistance in apprehension.
I don’t think that the situation – the ability to seek extradition – which has an almost infinite reach – limited by only by what is against the laws of or is considered criminal in the US of A – is necessarily healthy or in the best interests of justice in NZ.
It's not. I suggest you read some of Graeme Edgeler's contributions to the thread about the legal process and requirements.
I can’t help feel that Kim Dot Com has been targeted as he and NZ represent a soft target for the USA/FBI. It is perhaps a mater of the industry wanting the FBI to kill a chicken to frighten monkeys.
Perhaps. What's your point?
My view of the activity of MegaUpload is that it is not criminal or a criminal conspiracy in the pure sense of what I consider to be criminal behaviour – they have been open about what they do which is provide a file sharing platform.
The infringement of copyright rests firstly with the people uploading and down loading the copyrighted files – that MegaUpload may have not been over responsive to DMCA notices is another thing – and we will only see how that plays out if and when the case in the USA proceeds.
Unfortunately for Kim Dotcom, your view doesn't match the law in either NZ or the USA. If you want that changed, I suggest you do what I've been doing for some time now and try to educate MPs into why the law is wrong and damaging to our collective future.
The quantum of the damages/loss suffered by the industry is perhaps massively overstated realistically if people hadn’t been able to get the alleged copyright content for next to nothing they likely would not be interested in getting it.
Again, possible, but ultimately irrelevant.
I for the moment support Kim Dot Com and not the FBI or the NZ Govt on all of this.
Good for you.
I also look forward to manufacturers of automobiles that can exceed the speed limit paying all speeding infringement notices issued in respect of their makes and models of vehicles until such time as all vehicles are fitted with governors that limit speed to the required limits.
False analogy, but you run with it.
The answer to the problems the “MegaConspiracy” represents to the industry (who publish copyrighted material) lie elsewhere and they need to come up with a effective solution.
You think?
Does as much effort go into the pursuit of people that publish objectionable material or doesn’t this happen on the same scale as the victims of abuse don’t lobby congress?
Actually, it does. Probably more. NZ authorities maintain good relationships with counterparts around the world on this matter. The problem is that there will always be countries that don't participate and don't enforce what law they do have (Russia, for example) and so the publishers congregate in those places out of reach.
Generally raids don't involve 76 cops and 2 helicopters on one location (in NZ, anyway, but it was a big house), but I have knowledge of operations including armed police where targets are known to have access to firearms. And operations overseas regularly include armed police because their police are regularly armed.
It's also a little insulting of you to suggest that victims of abuse don't lobby Congress. Just because you don't see it happen doesn't mean it doesn't happen.
-
Hard News: The Mega Conspiracy, in reply to DexterX,
Please go back and read the thread. The accused are not being charged under New Zealand law. They are being accused of criminal copyright infringement under US law. The New Zealand Police were requested to assist in the apprehension of the accused under international treaty, and now the FBI will apply to extradite them to the USA to stand trial. Seizure is by the US because they are bringing the charges. The seizure is global, as I understand it.
The DMCA can have an effect on NZ citizens - if you post a video (say, a spoof advertisement) to YouTube that someone (say, Telecom) objects to, they can use the DMCA to have it taken down because YouTube falls under US jurisdiction.
If you're coming for a fight, at least load your gun ;-)
-
Hard News: The Mega Conspiracy, in reply to DexterX,
The indictment alleges that MU staff not only knew that users were uploading copyrighted material and sharing the links, but were encouraging them to do so, were paying them to do so, were profiting from them doing so and were not fulfilling their requirements under the DMCA to remove material when notified by "rightsholders".