Nearly three years ago, the United States Government effectively wiped out Megaupload Limited, a cloud storage provider, along with related businesses, based on novel theories of criminal copyright infringement that were offered by the Government ex parte and have yet to be subjected to adversarial testing. Thus, the Government has already seized the criminal defendants’ websites, destroyed their business, and frozen their assets around the world—all without beneﬁt of an evidentiary hearing or any semblance of due process.
Without even attempting to serve the corporate defendants per the Federal Rules of Criminal Procedure, the Government has exercised all its might in a concerted, calculated effort to foreclose any opportunity for the defendants to challenge the allegations against them and also to deprive them of the funds and other tools (including exculpatory evidence residing on servers, counsel of choice, and ability to appear) that would equip robust defense in the criminal proceedings.
But all that, for the Government, was not enough. Now it seeks to pile on against ostensibly defenseless targets with a parallel civil action, seeking civil forfeiture, based on the same alleged copyright crimes that, when scrutinized, turn out to be ﬁgments of the Government’s boundless imagination. In fact, the crimes for which the Government seeks to punish the Megaupload defendants (now within the civil as well as the criminal realm) do not exist. Although there is no such crime as secondary criminal copyright infringement, that is the crime on which the Government’s Superseding Indictment and instant Complaint are predicated. That is the nonexistent crime for which Megaupload was destroyed and all of its innocent users were denied their rightful property. That is the nonexistent crime for which individual defendants were arrested, in their homes and at gunpoint, back in January 2012. And that is the nonexistent crime for which the Government would now strip the criminal defendants, and their families, of all their assets.
Get ’doze ’phones Those Google people really don’t like Iphones.
Most interesting find of the night.
Thanks Internet, you have delivered yet again.
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What’s new in the public domain Another fabulous website. Nicely designed, too, with a suitably retro look—I love the irony of having this style on the web.
The goal of CISPA is to completely eliminate any sort of privacy online. It really is a Big Brother bill, and that isn’t hyperbole.
CISPA is orders of magnitude worse than SOPA/PIPA. We need to mobilize like we did before, and stop this.
Agreed. And from what I’ve read, not too many people know about this.
Next step: control over the internet This graphic sums up CISPA pretty well.
A more correct analogy would be someone that takes left over food from restaurants and gives it to the poor. The intended audience are no source of income to the movie industry. The Kabul Best Buy does not carry the latest movie last time I checked, nor are the soldiers likely to see this stuff on the silver screen. They will not be “missed” by other intended users like your pipe organs were. No, movies are not required sustenance like food, but if it helps a few of the soldiers feel as if they are appreciated or gives hope to some of them for returning to a normal life, it will be worth the price.
What will the internet be like after SOPA? Imagine a library ﬁlled with nothing but ﬂiers, catalogues, and calling cards. That will be the internet in a nutshell. If content holders go crazy with copyright complaints, the only websites left will be sites belonging to companies with teams of lawyers, or advertising sites, or personal or organizational sites made by people who know how to build non-copyright infringing sites, none of which will have comment sections. In other words, it will be boring.