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United States The Courts Your Rights Online

US "the Enemy" Says Dotcom Judge 469

First time accepted submitter Flere Imsaho writes "During the NetHui Internet conference last week, the NZ judge to hear the Dotcom extradition case was speaking on the Trans Pacific Partnership agreement and how the U.S. entertainment industry is pushing to make region code hacking illegal, when he said 'Under TPP and the American Digital Millennium copyright provisions you will not be able to do that, that will be prohibited ... if you do you will be a criminal — that's what will happen. Even before the 2008 amendments it wasn't criminalized. There are all sorts of ways this whole thing is being ramped up and if I could use Russell [Brown's] tweet from earlier on: we have met the enemy and he is [the] U.S.'"
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US "the Enemy" Says Dotcom Judge

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  • by Anonymous Coward on Monday July 16, 2012 @10:19AM (#40662537)

    What does MS have to do with the DMCA? The DMCA is primarily for the entertainment industry.

  • Then buy NZ music (Score:2, Insightful)

    by Anonymous Coward on Monday July 16, 2012 @10:20AM (#40662551)
    If you buy music produced in the US you buy it under the terms of the license. Don't like those terms? Buy music produced elsewhere.
  • by Q-Hack! ( 37846 ) * on Monday July 16, 2012 @10:22AM (#40662567)

    I know that this is normally a forum to bash **AA, but the fact still remains that Kim Dotcom made his fortune by providing a service that was used to circumvent paying for content. Never did he even attempt to stop this illegal activity, and at times, promoted it. People like to talk about how the rich make there fortune off the backs of the working class... this guy is your poster child.

  • by Anonymous Coward on Monday July 16, 2012 @10:33AM (#40662653)

    Certainly he's a shady character, but last time I checked, this guy actually wanted to pay the artists [techcrunch.com]

    Dotcom described Megabox as Megaupload’s iTunes competitor, which would even eventually offer free premium movies via Megamovie, a site set to launch in 2012. This service would take Megaupload from being just a digital locker site to a full-fledged player in the digital content game.

    The kicker was Megabox would cater to unsigned artists and allow anyone to sell their creations while allowing the artist to retain 90% of the earnings. Or, artists could even giveaway their songs and would be paid through a service called Megakey. “Yes that’s right, we will pay artists even for free downloads.

  • by Anonymous Coward on Monday July 16, 2012 @10:33AM (#40662657)

    We read "US" as "us", same as "we". It's the United States of America, not the United States.

    And by the way, American means someone from America, not someone from the USA.

  • by jez9999 ( 618189 ) on Monday July 16, 2012 @10:34AM (#40662659) Homepage Journal

    I know it's popular to sound all level-headed and point out the law, but many of us think copyright law desperately needs an overhaul. I, for one, would like to see anything released over 10 years ago go into the public domain. Then, much of the Megaupload activity would've been legal.

  • by Picass0 ( 147474 ) on Monday July 16, 2012 @10:36AM (#40662679) Homepage Journal

    Dotcom is a comparatively little guy who had his own service and when the sh-t hit the fan didn't have anybody else in his corner. His antics and courtroom theatrics aside, what separates him from Youtube? An 800 pound gorilla named Google. People upload copyrighted material to Youtube every day but Google somehow makes it all right.

    Is Google more responsive to takedown notices than megaupload? Is there more infringing material on one service vs. the other?

    My opinion is Megaupload's biggest problem in the end is they never made friends in high places.

  • by wisnoskij ( 1206448 ) on Monday July 16, 2012 @10:39AM (#40662707) Homepage

    Providing a service that he got paid for is not making your money off the backs of the working class, weather it is illegal or not.
    Dismantling companies and peoples pensions for profit, paying low wages, company towns, and monopolies are taking advantage of the working class.

  • by Hentes ( 2461350 ) on Monday July 16, 2012 @10:41AM (#40662729)

    Which is why he is the perfect bogeyman for this suit that will serve as a precedent to make online file storage illegal. But many overlook that when their judgement is clouded by their (however justified) personal dislike of Dotcom.

  • by cpu6502 ( 1960974 ) on Monday July 16, 2012 @10:44AM (#40662757)

    Or we could have a license-burning bonfire. That would be fun. I'll bring the marshmallows.

  • by betterunixthanunix ( 980855 ) on Monday July 16, 2012 @10:47AM (#40662779)
    I'm sorry, but do USA copyrigth laws cover every country on the planet? No, they do not, so people need to learn to deal with the fact that some countries take a different approach to promoting the distribution of science and art.

    Oh, what, you were hoping to turn music into a form of property? That's cute.
  • by MadKeithV ( 102058 ) on Monday July 16, 2012 @10:48AM (#40662787)

    I know that this is normally a forum to bash **AA, but the fact still remains that Kim Dotcom made his fortune by providing a service that was used to circumvent paying for content.

    And the recording industry made their fortune by providing a product that was used to circumvent paying for artists playing their music live.

  • by blind biker ( 1066130 ) on Monday July 16, 2012 @10:50AM (#40662809) Journal

    I know that this is normally a forum to bash **AA, but the fact still remains that Kim Dotcom made his fortune by providing a service that was used to circumvent paying for content.

    Sop do DVD and Blu-ray writer manufacturers, and blank media manufacturers. Also HD manufacturers. Also all Internet service providers. All these are used to "circumvent paying for content."

  • by cpu6502 ( 1960974 ) on Monday July 16, 2012 @10:50AM (#40662813)

    >>> Kim Dotcom made his fortune by providing a service that was used to circumvent paying for content.

    If he's such a horrible person, why was he able to get ~50 top-of-the-charts singers (and musicians and audio engineers) to perform a Megaupload song for him? If he really was hurting these people, they would have refused to do the ad. But instead they helped write, sing, and produce it.

    I suspect your attack is without merit. Dotcom no more wanted to hurt people than does Googlemail or the Amazon Cloud (which is also used to share content w/o payment). If anybody is guilty here it's the U.S. government for overstepping its legal authority. Last I checked its juris diction ends at the border or the 14 mile oceanic limit.

  • by Anonymous Coward on Monday July 16, 2012 @10:51AM (#40662817)

    You seem to be treating legality in the area of copyright as a natural law of physics and carved on tablets of stone. Well it's neither, and everything is in a state of flux..

    The law in this area was never subject to public approval in any country, and it runs totally contrary to how the VAST majority of people seem to feel about it when asked. Instead it was developed through intense lobbying of politicians by content creators in a completely one-sided manner. What's more, much of it was developed out of the public eye and turned into law through a process of direct bribery, particularly in the US where bribery is legal and called "campaign contributions".

    So while you're factually correct in calling it "illegal" by US law, it's only "illegal" because this totally corrupt and non-democratic system has defined "illegal" to suit itself. It may be illegal in your country, but it's not illegal everywhere, and it's regarded as "wrong" by only a small percentage of the world's population.

    Things aren't as clearcut as you make out.

  • by Riceballsan ( 816702 ) on Monday July 16, 2012 @10:53AM (#40662835)
    Megauploads model was not illegal, at least no more so than dropbox etc... No more so than memorex and roxio were in the late 90s. You think memorex really believed that the massive surge in sales for blank CDRs were from people backing up documents? Or roxio believed that most people burning MP3s onto CDs and didn't download them from napster? Megaupload followed the DMCA to a T, they gave the IAA's a tool to instantly pull copywrited materials with the push of a button, something they used freely and even very clumsily (quite a few reports of them killing legitimate software that was using megaupload as their distribution system). Now I admit if the alogations of megaupload actually directly conspiring with others to upload pirated material to megauploads servers are true (what they actually are charged for), then there is a case. However I find it absolutely apauling that the US somehow had the right to shut down a full business BEFORE the trial. If the FBI's case is true, they should have had NZ police establish a search warrent, and check some parts of megaupload (IE they should not have been able to fully close down the business indefinently), then tried him in NZ, and were he found guilty THEN shut him down. This method of bogus due process is ridiculous, could you imagine if the anti-trust cases against microsoft worked that way. "OK we have accusations of antitrust, we need to pull every copy of windows from the shelves, halt all development, and put bill behind bars, once the trial is over we can decide if we'll let you re-release or send you to jail. I dislike microsofts tactics, but even against microsoft I would have found that result BS.
  • by Xest ( 935314 ) on Monday July 16, 2012 @10:55AM (#40662861)

    "I know that this is normally a forum to bash **AA, but the fact still remains that Kim Dotcom made his fortune by providing a service that was used to circumvent paying for content."

    Right, and all car manufacturers made their fortunes by providing cars that were used to break the speed limit, all gun manufacturers made their fortunes by providing guns that were used to kill, and Apple made it's fortunes by making media players that were used to play pirated MP3s.

    Similarly neither Ford, nor gun manufacturers, nor Apple have done anything to stop illegal speeding, illegal killing, or illegal downloading, and at times have "promoted" it.

    Honestly, your argument extends to many industries, as the whole data loss fiasco has proven, Megaupload had many legitimate customers. The point being that the service he was providing was not illegal, not any more so than the industries mentioned above. The problem is that his industry is one that:

    a) The US is spending a fuckton of money attacking at the behest of corporate interests

    and:

    b) Not as big as the likes of Apple, Google, Microsoft, or Ford, or whoever to have had the money and lobbying power to protect themselves

  • by Jeremiah Cornelius ( 137 ) on Monday July 16, 2012 @10:55AM (#40662863) Homepage Journal

    War is Peace
    Freedom is Slavery
    Ignorance is Strength
    Land of the Free
    Home of the Brave

    Repeat the phrase "Land of the free, home of the brave" with a straight face. Now, repeat until some one has to pick you up, off the floor with the laughter cramps preventing you from remaining upright.

  • by Goth Biker Babe ( 311502 ) on Monday July 16, 2012 @10:58AM (#40662883) Homepage Journal

    I don't buy US produced music anyway. Its not like you make it all or far from it. The UK makes better music!

  • by betterunixthanunix ( 980855 ) on Monday July 16, 2012 @11:01AM (#40662915)
    People have a problem with the USA when we start applying our laws in other countries, and rightly so. New Zealand has a legitimate, democratic government that creates its laws, so what business do we have trying to extradite NZ citizens for violations of US law that did not occur in the US?

    Yeah, blah blah blah, he registered a US domain name. If we start using the Internet as a vehicle for applying our out-of-control legal code in other countries, we are just going to make more enemies.
  • by gmuslera ( 3436 ) on Monday July 16, 2012 @11:06AM (#40662955) Homepage Journal

    Suppose that some arab country starts accusing and claiming extraditions of women all around the world because them commited adultery. Or that Sweden do the same with all men all around the world that had sex with a sleeping woman. Or a country with a corrupt government, where shady men or private companies pushes laws for criminalize people that drinks coke or read certain books, that exports that laws to all the world and claims extradition for people breaking that laws elsewhere.

    That is what is doing USA, and that is what other governments are letting them to do while signing "cooperating treaties". I suppose that yes, the enemy is us, or at least USA and the people in your government that signed that kind of treaty.

  • Opportunities (Score:5, Insightful)

    by DaMattster ( 977781 ) on Monday July 16, 2012 @11:19AM (#40663089)
    I will say that the US media industry and content providers have gotten way too powerful. What's worse is that there is little to no checks or balances against this power. But, in their greed, the industry has created an opportunity for a bourgeoning Indie media growth spree. The Internet makes an awesome distribution platform, so there can be Indie television shows and movies without the big studios greedy, restrictive hands in the pot. This is why I check out platforms like Vimeo for the Indie stuff. Much of it is surprisingly good. I would love for Indie to move beyond podcasting.
  • by geogob ( 569250 ) on Monday July 16, 2012 @11:30AM (#40663185)

    And by the way, American means someone from America, not someone from the USA.

    Please, present me a single person from Canada or Mexico describing himself as "an American". Better, find me a single person from Brazil or Peru that presents himself as "an American". Furthermore, per definition you are correct, but the word "American" is also defined as a citizen of the USA.

    Taking into account usage and accepting the fact that this usage definition of "American" is correct, I'd simply say that you are wrong.

  • by AngryDeuce ( 2205124 ) on Monday July 16, 2012 @11:33AM (#40663229)

    Also, the higher the price of oil gets, the more domestic manufacturing we're going to see, regardless of the difference in labor costs.

    Those behemoth Ultra Large Container Vessels [wikipedia.org] consume an enormous amount of fuel bringing their shit from Asia to the U.S., and short of discovering some huge untapped energy source, I don't see that being sustainable at all in the long term. To be honest, though, I think we're probably going to end up at war with China before that really becomes an issue over China's stockpiling of Rare-Earth elements [wikipedia.org], preceded by sanctions and ever-increasing limits on Chinese imports that will help to encourage domestic production.

  • by Lumpy ( 12016 ) on Monday July 16, 2012 @11:41AM (#40663331) Homepage

    Show me SOMETHING that is made inthe USA.

    Ford? Nope China parts, Assembled in canada and mexico.
    GM? as china as you can get.

    Honda? Yes they are more american than any american car brand, but parts are still China
    Computer? China
    Beer? China... for the cans. Your all american Budwiser is in a China made aluminum.

    China, china, china. NOTHING you buy in a supermarket or big box store is made inthe USA.

    Want USA made? local small artisan or maker. is your only choice. What that does is makes my Coffee Cup go from $3.95 to $16.99. Any my glass drinking glasses, I cant get the $1.99 each china junk. I have to pay a glass artist $22.50 each for them.

    I am fine with it, but all the "BUY AMERICAN" morons dont walk the walk but they shoot off their mouths.

    BUY AMERICAN means you never set foot in ANY big box store. You buy your clothing from a local tailor. You ready to pay $35.00 for a t-shirt that a seamstress will make custom for you? Want new Silverware? $15.00 a piece from your local Metal Artist.

    The biggest problem is these BUY AMERICAN loudmouths also ride Harley Davidson bikes, which are mostly China parts. The Loudmouths wont do what they say. It's why Harley's are all china parts and soon to be BUILT in china. It's why Indian went out of business. Because these LOUDMOUTHS dont do what they say others should do.

    They wont pay the cost if buying all american.

  • by nashv ( 1479253 ) on Monday July 16, 2012 @11:42AM (#40663335) Homepage

    Yes, I do think the US is falling apart. This is of course entirely subjective and based on my feeling of the trajectory of events in the last 20 years in the US. I don't live in the US, though I am 'involved' in the US being in a profession that is very international and am affected by US systems.

    From the outside, irrationality seems to dominate US public opinion. US laws and rhetoric seem to drift further and further from ground realities. Especially so when concerning the nature of digital information, environmental issues , issues on religion and so on. And if anything can be considered to be the major sociological topics of our generation, I think the internet, environment and religion are the top three.

    I may be - in fact hope to be, completely wrong in my pessimism.

  • by Bogtha ( 906264 ) on Monday July 16, 2012 @11:43AM (#40663349)

    Don't forget:

    Sharing is stealing.

  • by higuita ( 129722 ) on Monday July 16, 2012 @11:50AM (#40663431) Homepage

    US oil is shit... it can still have many uses, like making roads, but the high quality oil is in the middle east. If you want a efficient oil refinery, you will use better oil.

  • by jez9999 ( 618189 ) on Monday July 16, 2012 @12:11PM (#40663631) Homepage Journal

    10 years is probably too short

    Why? Justify that assertion. Is it not the case that the vast majority of profits for the vast majority of copyrighted works get made in the first 5 years after release, let alone the first 10? How is it a greater public good to help the odd outlier that is still going strong after 50 years make money, as opposed to letting many millions of people enjoy quality works for free once they've made a good profit (if they're ever going to)?

  • by Khyber ( 864651 ) <techkitsune@gmail.com> on Monday July 16, 2012 @12:45PM (#40663949) Homepage Journal

    "Show me SOMETHING that is made inthe USA."

    Every bit of medical cannabis I use is USA-produced, typically locally, at that.

    I manufacture hydroponics systems. Plenty of plastic forming companies here in the USA.

    The alcohol I consume is USA-made, right to the can.

    ALL of my guitar equipment is USA-made, excepting my Japanese Jackson, and including my hand-built effects pedals.

    What weak argument were you trying to make, again?

  • by Phrogman ( 80473 ) on Monday July 16, 2012 @01:04PM (#40664145)

    Imagine the reaction in the US, if a US citizen was being investigated by a foreign government - say Russia - and the Russians sent the FSB over to shut down a US business, seize its assets and arrest that citizen prior to him being tried.
    Thats what its like to live in another country that, through fear/intimidation - or massive bribery - allows the US to run roughshod over its own laws and basically do whatever the fuck it wants to whomever the fuck it wants because that individual is seen as a threat by some powerful US corporation or organization. If it was a rare occurrence it would still be wrong, but not much concern but its happening a lot more these days it seems.

  • by element-o.p. ( 939033 ) on Monday July 16, 2012 @02:01PM (#40664807) Homepage
    Don't get me wrong -- I wasn't supporting the argument of the guy with the confusing grammar; I was merely interpreting it. I tend to be middle-of-the-road on most issues, and I am on this one too, because reality is often quite a bit more complex than such black-and-white arguments make them out to be.

    Quite honestly, the idea of "buy local" in a global economy doesn't make a whole lot of sense to me. What's more "American" -- a car built by a Japanese company (Honda, Toyota, Nissan) but built in an American plant, or an "American" car that's built in Mexico? I won't even discuss how Chrysler is actually Daimler (German) - Chrysler (American). Or consider Eric Buell Racing's Buell 1100RS motorcycle? That's an American company, but it uses a Rotax engine (Austrian). How many American cars have Bosch components (German) or ECU's and sensors made in Taiwan? The boundaries get pretty grey, and it becomes difficult, if not downright impossible, to determine what is "American" and what is "imported" even if you want to.
  • by spire3661 ( 1038968 ) on Monday July 16, 2012 @02:07PM (#40664887) Journal
    There is pretty much no 'mexican' weed along the U.S.pacific coast. All that shit weed gets shipped East.
  • by spire3661 ( 1038968 ) on Monday July 16, 2012 @02:12PM (#40664947) Journal
    And yet, we still live better then 95% of all humans who have EVER lived.
  • by bobbutts ( 927504 ) <bobbutts@gmail.com> on Monday July 16, 2012 @02:21PM (#40665069)
    This is vastly overstated and then served as cool aid.
    Check out this article [fool.com] which debunks some myths.

    Misconception: Most of what Americans spend their money on is made in China.

    Fact: Just 2.7% of personal consumption expenditures go to Chinese-made goods and services. 88.5% of U.S. consumer spending is on American-made goods and services

  • by lennier ( 44736 ) on Monday July 16, 2012 @05:50PM (#40666961) Homepage

    IF it looked like we were going down, you bet your ass we will launch nukes at you.

    Yeah, about that foreign policy of "looking and acting like a crazy guy wearing an explosive vest and a loud ticking detonator". You guys might want to get that looked at sometime. It doesn't always endear you even to your friends.

    Admittedly the USA is still - barely - the nicest of the paranoid meth-crazed explosive-vest-wearing gang-bangers on the global block... except for the occasional drunken bouts of violent rage... but that's not exactly a career path you really want to aspire to, y'know? Yes, you're still better than North Korea. But you have a bigger gun, and you're still swigging from the hip flask.

  • by tragedy ( 27079 ) on Monday July 16, 2012 @06:34PM (#40667291)

    In some ways, perhaps. Certainly the availability and variety of things like food and material goods would be amazing to an ancient king (quality is a different story, that's more hit or miss). On the other hand, how many vassals do you have?

He has not acquired a fortune; the fortune has acquired him. -- Bion

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