Please stop calling the Diamond Rio an ipod, and please never capitalize a letter directly following a lowercase "i".
Thank you, that will be all.
(PS - I agree with your analysis of the frivolity of this patent's issuance. The prior art to these claims is so ridiculously obvious the only explanation is that all USPTO examiners must be required to have been Amish hermits immediately preceding their USPTO appointments.)
The problem with your presumption is that let's say she didn't admit to the single infringement because she didn't actually do it... She could say I didn't download those files. They could check her hard drive and see that they weren't there. She still would have been found guilty based on the explanation given by the tribunal because they basically said that accusation equals infringement. This is what we're reacting to.
I was thinking the same thing. Since 21 Million is a drop in the bucket to a national economy, and since the loses to Antigua's economy was probably an order of magnitude higher, I'm hoping they use this site as a big FU to the US and make it something ridiculous like a dollar a month, or even a year. Ensuring that the most amount of people access the most content possible before hitting the 21M limit should be their only priority.
And beyond that, the moderation is community driven and not done at the whim of administrators. My understanding is that once a comment gets enough votes it becomes funny, insightful, or reported unlike other comment sections where the moderators or authors blatantly censor what they don't want to see. We as a community at techdirt decide when something should removed and then it's still just a click away.
I completely agree that innovation always outpaces legislation. The internet community truly is a hydra.
I also agree that it would really surprise me if Mega honors the DMCA anymore after what the DOJ has done to them.
I suppose we'll have to wait and see how it's all setup, but I'll be really interested to see how the node volunteer program works. My guess is that there will be many Americans that may want to support Mega, and I would have to assume that the DOJ/MAFIAA will be be attempting to take action against them no matter what laws they have to stretch or skirt around after the total failure their case against Dotcom has become.
I'd assume that if nothing is ever passed on to the node volunteers directly (by this I mean notification of infringement) then the encryption gives them complete deniability of any knowledge of infringement. You also raise an interesting point about the potential, or lack there of, for obtaining records on node volunteers. I'd also be interested to see if the program works anonymously or through a VPN service... I guess we'll find out soon enough.
With the local encryption done by the original uploader prior to sharing the file, and node volunteer should have a fully legitimate defense that they could not have known the content of the stored files. What I'm wondering about is how DMCA takedowns will be handled (if Mega will be honoring them going forward). Will takedowns be done centrally through MEGA or will they be passed on to the node volunteer? And if they are passed on, what is the node volunteers liability for failure to act?
I believe the main purpose of the encryption is to provide Mega with plausible deniabilty in being able to say beyond a shadow of a doubt that they were unaware of whatever the stored content contains. Encryption for the user is just a secondary benefit. My understanding from the Ars review is that the encryption key can be generated within or separately from the download link, but it didn't mention if you can generate user specific decryption keys.
Wow... What an interesting reality you must live in!
Cooperating with the government on that request doesn't change the fact that the infringing material was there before the gov requested it stay. Along with untold other examples.
Megaupload did not know the files were there until they were informed by the DOJ (via Carpathia) that the files existed on their servers and were in fact infringing. Megaupload did not put the files there, one of their customers did. Now if the rightsholders had informed MU that those files were infringing and requested them removed through a valid DMCA notice, MU's track record on compliance is well established, and they would have removed them.
This. Is. Not. What. Happened.
The DOJ identified the files as infringing, informed MU of their existence, and then told them (read this next part carefully) NOT TO REMOVE THEM OR TAKE ANY FURTHER ACTION!!!
Are you actually trying to argue that MU should be held liable as a 3rd party service provider for the actions of it's users that they were unaware of? Again, it must be a very interesting reality you live in... If you have the time please post directions on how to get there so the rest of us can avoid it.
Whether or not pornography is actually covered under copyright is actually up for debate. An individual being sued by one of these copyright trolls is attempting to test this theory in court: https://torrentfreak.com/can-porn-be-copyrighted-120817/ The basic argument is that pornography does not promote the sciences or useful arts.
Ultraviolet will make you want to take the DVD case and repeatedly hit yourself in the head with it until one of you breaks. In the event that the DVD case breaks first, you will then find the closest substitute and continue bludgeoning your skull. It's. That. Terrible! That being said, I feel your pain. It's amazing that you could buy something in your country of residence that you can't use in your country of residence.
Also, +1 Interwebz for playing Duke Nukem 3D. I can't remember how much time I wasted playing pool on the billiards table in the pixelated strip club shooting the balls until I ran them out. "It's time to kick ass and chew bubble gum... and I'm all outta gum."