Showing posts with label Megaupload Limited. Show all posts
Showing posts with label Megaupload Limited. Show all posts

Thursday, March 01, 2012

Kim DotCom On Outdated Business Models

AUCKLAND, NEW ZEALAND - FEBRUARY 22:  Kim Dotc...Image by Getty Images via @daylife
Kim DotCom: "Piracy comes from, you know, people, let’s say, in Europe who do not have access to movies at the same time that they are released in the US. This is a problem that has been born within this licensing model and the old business model that Hollywood has where they release something first in one country but they show trailers to everyone around the world pitching that new movie but then the 14-year-old kid in France or Germany can’t watch it for another six months, you know? If the business model would be one where everyone has access to this content at the same time, you know, you wouldn’t have a piracy problem. So it’s really, in my opinion, the government of the United States protecting an outdated monopolistic business model that doesn’t work anymore in the age of the internet and that’s what it all boils down to."
I had never heard of the guy before his arrest, although there was no avoiding the MegaUpload name. I agree with the statement above. Movies should be released globally online at once. For $1 per viewing. The movie studios would make tremendous money at that price point.

The Movie Industry's Non Innovation
What Price A Movie?

Sunday, January 29, 2012

MegaUpload: The SOPA/PIPA Aftermath

Image representing Megaupload Limited as depic...Image via CrunchBaseThe Shout: Megaupload: A Lot Less Guilty Than You Think
The heart of this case is whether and when an enterprise can be held criminally liable for the conduct of its users. ....... “Can the Grokster theory of CIVIL liability even be the basis for CRIMINAL copyright claims?” This has never been decided by any Court. ...... Rojadirecta’s lawyers at Durie Tangri have challenged the U.S. Government’s assertion that criminal liability arises from linking to infringing content. The lawyers argue that judge-made secondary infringement liability theories, including Grokster style inducement, cannot be the basis for a criminal copyright violation because the criminal copyright statute doesn’t mention secondary liability. Congress considered and rejected statutes that would have created such liability, in COICA and PROTECT IP. In sum, due process doesn’t allow incarceration under a civil legal theory that the Supreme Court dreamed up in 2005. The issues yet to be decided in Rojadirecta apply to the Megaupload case as well. ...... The list of overt acts show that the object of the conspiracy was infringement by Mega users. ....... If the idea is that Mega conspired with its users to infringe, those users may or may not have been criminally infringing copyright. They were located all over the world, and may or may not have acted willfully, i.e. intended to violate U.S. law. Again, the government would basically have alleged an agreement to violate a U.S. CIVIL law, including by many people who are not subject to U.S. rules. ....... Is it a federal crime to conspire to induce others to violate a U.S. civil law? ....... The answer to that is an obvious “no”. ...... prosecuting this case against Mega, especially if Defendants get good criminal lawyers who also understand copyright law, is going to be an uphill battle for the government. ..... the indictment identifies four films that the defendants supposedly distributed before release: The Green Hornet, Thor, Bad Teacher, Twilight–Breaking Dawn Part 1. But Count 4 only charges one such act of prerelease infringement, the movie Taken. What about the other films? Why were those not also charged? .......... Finally, this case is extremely interesting from a JURISDICTIONAL standpoint. One of the very first issue to be litigated will be extradition to the United States. Does the United States have jurisdiction over anyone who uses a hosting provider in the Eastern District of Virginia? What about over any company that uses PayPal? That’s a very broad claim of power, and I expect it will be vigorously contested.
TorrentFreak: Mega Aftermath: Upheaval In Pirate Warez Land
While last week’s shutdown of MegaUpload is of huge interest in itself, but a wave of aftershocks and side-effects are proving equally fascinating to watch. In addition to causing all sorts of problems for legitimate users of file-sharing services, there is no avoiding the fact that certain elements of the piracy scene are in a mess. But amazingly, still the beat goes on. ....... The perception of the established ground rules had been changed, without the passing of a single new law. ....... “If the US government can come for Kim Dotcom it can happen to almost anyone,” a file-hosting operator told TorrentFreak on condition of anonymity. “I’m trying to think of everything I did possibly wrong in the last 3 years and worrying about that and the next 3 years also, if we even have that long.” ..... For many hosting sites it was time to react – quickly. ......... drastic actions taken by services such as Filesonic and Fileserve who shut down all 3rd party sharing and, like many others, closed down their affiliate payout programs ...... file-hosting competitors such as 4shared, Rapidshare and Hotfile had grown as users hunted for spare capacity ...... huge libraries of both legitimate and pirated material were wiped out as filehost after filehost deleted an impossible-to-calculate number of files and closed down thousands of suspected infringing accounts. ....... For more than half a decade Hollywood and the recording industry have spent millions of dollars not so much on actually eliminating illegal content, but getting rid of links to content such as those found on BitTorrent........ But this week, without a single cease and desist being sent, cyberlockers across the globe not only self-deleted vast quantities of files, but in doing so made millions of links across thousands of ‘linking sites’ completely useless too. ......... While there is money to be made in torrent sites, the content sharers there are largely altruistic. ...... But like worker ants whose nest has just been smashed apart by angry humans, others are utterly unfazed and just want to know which hosts are still paying out. Despite the climate of fear, quite a few hosts say they are ...... Cyberlockers are in a mess, but already recovering. Release sites are continuing, albeit with a reduced number of multiple links to the same content. ...... Perhaps the best test is whether it’s now very hard or impossible to find and download popular content. Not even close.
This MegaUpload stuff is related to SOPA/PIPA. The people who lost the battle in Congress hit back in New Zealand. There is no fighting the technology. But the music and movie industries have the option to come up with new business models.

The Solution Is Tech Heavy, Data Heavy

Sunday, January 22, 2012

The Solution Is Tech Heavy, Data Heavy

Hollywood Might Not Get Killed, Any More Than Silicon Valley Might
What Price A Movie?
MegaUpload, SOPA, PIPA
SOPA Went Down
SOPA Has Egg In The Face
SOPA Is So Going Down



TV ads are not as effective as Google ads. On TV you could be showing me beer ads and I don't even drink beer. But you are hoping many of the million people who got bombarded do.

When I search for beer on Google and you show me beer ads, that is way more effective. You already know I am interested in beer. TV ads not as effective. Search ads more effective. Social ads even more effective. You are more likely to buy something a friend bought and recommends. The engagement on Twitter for ads is more than on the Google platform.

Big Data ads should be 10 or more times more effective than even social ads. And at that point the freemium model really takes off. All you want as content people is people's attention. You don't want their money, at least not directly. I think that is the real solution to the piracy problem.

Fred Wilson: A Post PIPA Post
Clay Shirky: Pick up the pitchforks: David Pogue underestimates Hollywood
O'Reilly Radar: The week the web changed Washington

Friday, January 20, 2012

MegaUpload, SOPA, PIPA

Image representing Megaupload Limited as depic...Image via CrunchBaseAre they related?

GigaOm: Follow the traffic: What MegaUpload’s downfall did to the web
Arbor Networks said it saw traffic begin to drop fairly sharply in Europe after about 7 p.m. GMT and 2 p.m. EST, when the site was estimated to have been shut down on Thursday. ...... MegaUpload was indeed one of the more popular sites on the web for storing and sharing content. It ranked as .98 percent of the total web traffic in the U.S. and 11.39 of the total web traffic in Brazil. It garnered 1.95 percent of the traffic in Asia-Pacific and a less substantial .86 percent in Europe.
Reuters: Megaupload site wants assets back, to fight charges
The Internet website Megaupload.com, shut down by authorities over allegations that it illegally peddled copyrighted material, is trying to recover its servers and get back online ..... "Megaupload will vigorously defend itself." ..... The company's executives earned more than $175 million from subscription fees and advertising ..... The new website, which is being hosted in the Netherlands, looked similar to the original Megaupload.com website.
CNet: Megaupload assembles worldwide criminal defense
"There are significant issues of due process," Rothken said early this morning. "The government has taken down one of the world's largest storage providers and have done so without giving Megaupload an opportunity to be heard in court." ....... cost the film industry more than $600 million in damages ..... Rothken dismissed the government's attempt to file criminal charges against his clients. "Many of the allegations made are similar to those in the copyright case filed against YouTube and that was a civil case....and YouTube won." ...... Anonymous launched denial-of-service attacks on a number of music and film industry sites as well as the Web site of the Justice Department. ..... lives in a $30 million mansion in New Zealand. ..... DotCom was known for his flamboyant lifestyle and partying. He was certainly not hiding out in New Zealand. He threw a New Year's party and paid for a huge fireworks show over Auckland. ...... "Despite our staff clearly identifying themselves, Mr Dotcom retreated into the house and activated a number of electronic locking mechanisms," Detective Inspector Grant Wormald said in a report from New Zealand news outlet TVNZ. "While police neutralized these locks he then further barricaded himself into a safe room within the house which officers had to cut their way into."
TechCrunch: Anonymous Reacts to Megaupload Takedown With “Largest Attack Ever”
“The government takes down #Megaupload? 15 minutes later #Anonymous takes down government & record label sites. #ExpectUs.” ..... the group claimed responsibility for taking down the Universal Music, RIAA (the record industry’s lobbying arm), MPAA (the movie industry’s lobbying arm), and Department of Justice websites, among others. As of 3pm Pacific, the sites were still down for me ..... The group also claimed that the current attacks were “the largest attack ever by Anonymous,” with 5,635 participants. And it looks like the campaign is ongoing — Anonymous says it’s going after the FBI’s website next: “Get some popcorn… it’s going to be a long lulzy night.”