Megaupload may have been tuned toward being a 'piracy product' but that does not mean it was anything other than user-generated piracy.
A few minutes later: Okay I just skimmed through the indictment again and I can't find what you're talking about. There's points 54 and 55 about how they didn't cancel the affiliate accounts of people that had uploaded infringing files, but I can't find anything about them actually arranging pirated material, or specifically encouraging its upload. Also point 69d says out that copyright-violating uploads were disqualified for rewards, though Megaupload rarely terminated the accounts.
This isn't reading-between-the-lines stuff. It's there in black and white.
If you uploaded a popular infringing file, you might get $100, or you might get disqualified.
If you uploaded a popular non-infringing file, you would definitely get $100.
Megaupload knew about some of the piracy. That does not mean they arranged it. They treated it like any other file.
This is called "Doing it right."
If Showtime would sell me a license to view their content, I wouldn't even be tempted to download it for free. Since they refuse to, it's going to be tough to work up any righteous dudgeon towards Schmitz and crew, especially when they go out of their way to adopt a customer-oriented approach.
Copyright is a government entitlement that we spun from whole cloth. Capitalism, on the other hand, comes naturally. You can't fight Mother Nature.
That's... novel.
As humans we've always had the concept of "property" to some extent, independent of government. That's not true of copyright law. That was something we invented in response to a specific need, but we invented it at a time when few/no other legal or intellectual tools were available. Copyright should never be treated as the sacred cow that property rights in general are, IMO.
This "natural rights" talk sounds like theology to me. From an anthropological perspective, humans invented intellectual property around the time it became useful, just as humans invented land ownership around the time that became useful. You can say the same about owning shares of a business or owning currency. These are exactly the artificial property rights you need for capitalism, and you need government for those rights, and hence capitalism, to actually work.
As does the idea that governments are a magical prerequisite for property rights.
... just as humans invented land ownership around the time that became useful.
Try taking a bone away from a dog, and my point might seem clearer.
What you need for capitalism is centrally enforced rights to things like land and corporate equity. That is not a simple extrapolation for protecting one's personal possessions any more than copyright is. And like copyright, they require a government.
I just finished a Law 101 class so I'm by no means an expert, but I think the above explains the theory behind why we need laws. Whether you think the theory is legitimate or not is up to you. When I started the course, I was surprised to learn that our entire legal system was designed around the concept of property rights.
He was stupid, but a friend lost a load of legitimate, original work; he'd been using it as an external hard drive and sharing mechanism for his large project files.