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Re:Programmer behind YouPorn empire arrested in Belgium by tptacek on Tuesday December 11, 2012 @11:57AM (#4905357)
It very much does matter if you're protected by the "safe harbor" provision of the DMCA. The problem is that Kim Schmitz and his team did things, including paying contributors to upload copyrighted material, that forfeited their protections. Prosecutors didn't make this stuff up; the requirements for claiming service provider protections are right there in the law. The prosecution has Schmitz and associates in their own words conspiring to break the law; they left it all in plaintext email.

This is one of the most virulent misconceptions about copyright law on HN. The DMCA does not say that you are protected as long as you honor takedown notices. In addition to honoring them, you must not have any specific knowledge of infringing use of your service that you fail to act on. If any idiot can hit the front page of your site and see that it's used mostly for piracy, law enforcement will take an interest in you once you get big. If, during discovery, they find email messages showing you conspiring to keep copyrighted material on your site, they'll charge you criminally.

Re:Programmer behind YouPorn empire arrested in Belgium by revelation on Tuesday December 11, 2012 @04:15PM (#4906866)
That is for a court to establish in what we call due process.

But what happened instead was that a prosecutor found they were not protected under safe harbor. With the stroke of a pen, that turned the business into a criminal racket. Overly general mafia and drug war laws then allow the prosecutor to confiscate property and freeze funds, killing the business.

Of course a judge still has to sign off, but there are no provisions for the accused to defend themself or even be informed of the process.

Re:Programmer behind YouPorn empire arrested in Belgium by tptacek on Tuesday December 11, 2012 @04:19PM (#4906890)
I can't make enough sense out of this comment to fully reply to it. The DoJ obtained enough probable cause evidence to support discovery of Mega's emails. The emails showed the owners and operators of the company conspiring, in black and white plaintext email, to further the use of MegaUpload as a vehicle for making money via piracy. The DoJ initiated a prosecution, which is now working its way through the court.

If you don't believe commercial piracy on an industrial scale should be criminalized, then naturally you'd believe that there aren't enough due process constraints on the DoJ to pursue those cases. But if you accept the fact that creating hugely profitable high-volume piracy applications is a crime under US law, it's hard to see the "due process" problem here.

Re:Programmer behind YouPorn empire arrested in Belgium by lancewiggs on Tuesday December 11, 2012 @09:43PM (#4908336)
"The DoJ initiated a prosecution, which is now working its way through the court."

No. The DOJ destroyed the Mega business, and froze Kim Dotcom's assets, and the prosecution will take years to work its way through the courts. Worse yet, they hoodwinked our officials here in New Zealand to come along for the ride. It's a day of shame, not one to defend.

Re:Programmer behind YouPorn empire arrested in Belgium by tptacek on Tuesday December 11, 2012 @10:22PM (#4908434)
After reading the indictment, including the citations to Schmitz's email, I find myself untroubled by the DoJ's actions in this case.
Re:Programmer behind YouPorn empire arrested in Belgium by chc on Tuesday December 11, 2012 @04:55PM (#4907079)
How is what you're talking about here substantially different from any other criminal investigation? They were suspected of committing a crime, investigators got permission and looked into it, they found enough evidence to support a case, so they got a warrant, made arrests and collected evidence. That sounds pretty normal. Where does due process break down? It's not like the investigators tell you they're wiretapping your phone and give you a chance to argue against it when you're suspected of embezzlement.
Re:Programmer behind YouPorn empire arrested in Belgium by tripzilch on Tuesday December 11, 2012 @09:54PM (#4908355)
Kim Schmitz? Did he change his name back?
Re:Programmer behind YouPorn empire arrested in Belgium by tptacek on Tuesday December 11, 2012 @10:46PM (#4908512)
I have no idea.