Re:Megaupload down, FBI Charges Seven With Online Piracy
by dangrossman on Thursday January 19, 2012 @08:12PM
(#3487791)
> If you have a bunch of links to the same file and only take down one then you have no protection
But the existence of a copy does not tell you whether the uploader had the appropriate license from the copyright holder, or is the copyright holder, of that copy. Files do not fit into "legal" and "illegal" bins by the order of the bits alone.
Let's say I create and sell a software package. I upload it to my Megaupload account so I can easily access it later at another location.
Someone else uploads a copy they bought with a stolen credit card so they can share it on a warez forum. I send a DMCA notice of infringement requesting this copy be removed from Megaupload.
Should Megaupload now also locate all links to that file and remove them, including mine, which is entirely legal for them to host? Is Megaupload required to breach its contract with me as a paying user of their service, in good faith and violating no laws, in order to meet the DMCA safe harbor requirements? I think not.
But the existence of a copy does not tell you whether the uploader had the appropriate license from the copyright holder, or is the copyright holder, of that copy. Files do not fit into "legal" and "illegal" bins by the order of the bits alone.
Let's say I create and sell a software package. I upload it to my Megaupload account so I can easily access it later at another location.
Someone else uploads a copy they bought with a stolen credit card so they can share it on a warez forum. I send a DMCA notice of infringement requesting this copy be removed from Megaupload.
Should Megaupload now also locate all links to that file and remove them, including mine, which is entirely legal for them to host? Is Megaupload required to breach its contract with me as a paying user of their service, in good faith and violating no laws, in order to meet the DMCA safe harbor requirements? I think not.