Are my memories flawed and Megaupload ignored the copyright infringement notices, or is Megaupload the fall guy to scare everyone else?
Even making the specific URLs stop working was a sore spot with Dotcom. He sent emails to employees telling them to not even do that when they got a mass report of infringement from an "insignificant source". An "insignificant source" meant anyone other than a major organization in the US (e.g., major Hollywood studios).
As far as explicitly condoning copyright infringement goes, sometimes users would see movie trailers, and ask Mega where they can see the full movie online, and Mega employees would answer by pointing them to third party sites that linked to the full movies on Mega. One Mega email to such a user included the explanation that you cannot find the links by directly searching Mega because "that would cause us a lot of trouble".
Removing just the link to the file seems reasonable to me. How do you choose which country to break the law? Removing just the link seems like the safest bet.
Maybe I should call the copyright owner something else that fits HN, induces more sympathy... Intellectual Property Doyen? Post Marketing Profit Retrieval Specialist? VP of Marketshare and Ongoing Growth? Capital Return Scout? Nah can't keep a straight face, "Dude with the Creatives on a leash"
If you follow takedown notices, there's no issue, DMCA's safe harbor provisions protect you totally. The issue was that Megaupload was participating in the uploading and stuff
(for the record: not condoning the federal gov't's usage of time/money trying to get Dotcom arrested/extradited or whatever)
Neither Google nor Dropbox was set up with the intent of aiding copyright infringement. Neither Google nor Dropbox based their business model on aiding copyright infringement. The comparison is invalid.
> As a developer this worries me. If my employer is committing illegal acts I don't know about like copyright infringement or fraud, does that mean I'll be sent to jail even if I legitimately didn't know? We should all be concerned with this judgement.
He was the head of software development for Megaupload. It is hard to imagine that he did not have full knowledge of what they were doing and was not involved in planning it.