MPAA Changes Tune on Megaupload, Sort Of

Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
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MPAA Changes Tune on Megaupload, Sort Of


The Motion Picture Association of America says legitimate Megaupload users can have their files back - but there's a catch.

The U.S. military [http://www.escapistmagazine.com/news/view/115362-UPDATE-Feds-Take-Down-Megaupload] used it, for instance, sharing hundreds of thousands of files, all of which are now out of reach. Until now, efforts to return that data to its rightful owners have been stymied, but the MPAA has now changed its tune and says people can have their stuff back - as long as none of it is copyrighted.

"The MPAA Members are sympathetic to legitimate users who may have relied on Megaupload to store their legitimately acquired or created data, although the Megaupload terms of use clearly disclaimed any guarantee of continued access to uploaded materials," attorneys for the MPAA said. "If the Court is willing to consider allowing access for users... to allow retrieval of files, it is essential that the mechanism include a procedure that ensures that any materials the users access and copy or download are not files that have been illegally uploaded to their accounts."

The obvious problem with the MPAA's "new" stance is the difficulty of separating legally-owned files from those that infringe upon copyright or were otherwise "illegally uploaded." The sheer volume of data - 25 petabytes, which translates into 25 million gigabytes [http://www.escapistmagazine.com/news/view/117333-US-Govt-Wont-Pay-for-MegaUploads-25-Million-Gigabytes] - compounded by variations in law from nation to nation makes the job a virtual impossibility. Furthermore, the MPAA is insistent that nobody related to Megaupload should have access to the servers under any circumstances, apparently fearing that the Hong Kong-based company, whose founder was arrested in New Zealand, might relocate and relaunch the service in a "foreign jurisdiction."

Source: TorrentFreak [http://torrentfreak.com/mpaa-megaupload-users-can-have-their-files-back-but-120606/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Torrentfreak+%28Torrentfreak%29]


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sunburst

Media Snob
Mar 19, 2010
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The MPAA might as well offer people their files only if they can be conjured by a genuine wizard.
 

Baresark

New member
Dec 19, 2010
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It's just idiotic. It's a false concession. This doesn't help anyone who has legit claims to the information since they aren't just going to let them take it without checking it out.
 

Tanis

The Last Albino
Aug 30, 2010
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I wonder if the MPAA realizes that when/if this ever goes to court that MU has a DAMN GOOD chance of winning?
 

Orange12345

New member
Aug 11, 2011
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Wait I'm confused, what if there is copy-written material that does not fall under the jurisdiction of the MPAA (IF they even have any), which I would assume from the name only includes movies. For instance what if someone has video game data that is copy-written by Nintendo (or any other company and for what ever reason they don't care) who is the MPAA to decide who has access to it since it isn't theirs?
 

deathyepl

New member
May 9, 2008
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There's a logical flaw in their position - according to the international Berne Convention copyright treaty, if it's saved in any way, then it is under copyright - it doesn't need to be registered, and does not need any kind of notice of copyright.

Therefore, any of those photos or documents are, by nature, copyrighted with the copyright being held by the original author.

I'm sure what they really meant to say was "As long as we're OK with them getting that particular file back."
 

Baldr

The Noble
Jan 6, 2010
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Orange12345 said:
Wait I'm confused, what if there is copy-written material that does not fall under the jurisdiction of the MPAA (IF they even have any), which I would assume from the name only includes movies. For instance what if someone has video game data that is copy-written by Nintendo (or any other company and for what ever reason they don't care) who is the MPAA to decide who has access to it since it isn't theirs?
MPAA is not holding the servers, the court of law is(I forget which country). MPAA is asking the court to return the files of legitimates users back to them.
 
Aug 3, 2010
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The larger problem is that in order to verify copyright, someone would have to inspect every uploaded file, which would constitute a major violation of privacy for those with legitimate content. I certainly wouldn't want some anonymous government agent rifling through my vacation photos...
 
Apr 5, 2008
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Until now, efforts to return that data to its rightful owners have been stymied, but the MPAA has now changed its tune and says people can have their stuff back - as long as none of it is copyrighted.
I love how a corporate entity dictates the law in the USA. The MPAA crossed a line with this fiasco and I doubt there's any consumer sympathy left for them.
 

Orange12345

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Aug 11, 2011
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Baldr said:
Orange12345 said:
Wait I'm confused, what if there is copy-written material that does not fall under the jurisdiction of the MPAA (IF they even have any), which I would assume from the name only includes movies. For instance what if someone has video game data that is copy-written by Nintendo (or any other company and for what ever reason they don't care) who is the MPAA to decide who has access to it since it isn't theirs?
MPAA is not holding the servers, the court of law is(I forget which country). MPAA is asking the court to return the files of legitimates users back to them.

"but the MPAA has now changed its tune and says people can have their stuff back - as long as none of it is copyrighted."

Ok I see, I miss read this sentence and thought that it meant the MPAA was now giving permission instead of just agreeing that people should have thier stuff back, thanks for clarifiying