Le pistole fumanti di Megaupload

Questo è l'atto Download Atto Mega Upload

alcuni highlights:

  • every download on megaupload.com provides a financial gain to the Conspiracy that is directly tied to the download
  • mega Conspiragy's business strategy for advertising requires maximizing the number of online downloads which is also inconsistent with the concept of private storage
  • the download pages on megaupload.com are designed to increase premium subscriptions
    users have also been asked if they want to generate a new link to the downloading file and import it into their own megaupload.com accounts, which facilitates distribution that is again inconsistent with private storage
  • Mega conspirancy business model purposefully relies on thousands of third party linking sites .. the Mega consiprancy did provide financial incentives for premium users to post links on linking sites through the "Uploader Rewards" program.. several of these websites exclusively offer megaupload.com links
  • Members of the Mega Conspiracy have knowingly interacted with users of the linking sites and visited the sites and associated forums themselves. Specifically, some of the defendants have instructed individual users how to locate links to infringing content on the Mega Sites (including recommending specific linking websites). Several of the defendants have also shared with each other comments from Mega Site users demonstrating that they have used or are attempting to use the Mega Sites to get infringing copies of copyrighted content. 
  • Conspirators have searched the internal database for their associates and themselves so that they may directly access copyright-infringing content on servers leased by the Mega Conspiracy.
    list its “Top 100 files”, which includes motion picture trailers and software trials that are freely available on the Internet. The Top 100 list, however, does not actually portray the most popular downloads on Megaupload.com, which makes the website appear more legitimate and hides the popular copyright-infringing content that drives its revenue.
  • A non-premium user is limited to watching 72 minutes of any given video on Megavideo.com at a time, which, since nearly all commercial motion pictures exceed that length, provides a significant incentive for users who are seeking infringing copies of motion pictures to pay the Mega Conspiracy a fee for premium access. Some premium users are, therefore, paying the Mega
  • Conspiracy directly for access to infringing copies of copyrighted works.
    they are willfully infringing copyrights themselves on these systems; have actual knowledge that the materials on their systems are infringing (or alternatively know facts or circumstances that would make infringing material apparent); receive a financial benefit directly attributable to copyright-infringing activity where the provider can control that activity; and have not removed, or disabled access to, known copyright infringing material from servers they control.
  • the system determines that the uploading file already exists on a server controlled by the Mega Conspiracy, Megaupload.com does not reproduce a second copy of the file on that server. Instead, the system provides a new and unique URL link to the new user that is pointed to the original file already present on the server. If there is more than one URL link to a file, then any attempt by the copyright holder to terminate access to the file using the Abuse Tool or other DMCA takedown request will fail because the additional access links will continue to be available. [e.g. non cancellava il file, ma solo il link ma non per tutti, infatti]
  • other types of illicit content have been uploaded.. including child pornography and terrorism propaganda videos. Members of the Conspiracy have indicated to each other that they can automatically identify and delete such materials on all of their servers … in fact, such files with matching hash values have been deleted from the Mega Conspiracy’s servers. Members of the Mega Conspiracy have failed to implement a similar program to actually delete or terminate access to copyright infringing content.
  • On or about June 24, 2010, members of the Mega Conspiracy were informed, pursuant to a criminal search warrant from the U.S. District Court for the Eastern District of Virginia, that thirty-nine infringing copies of copyrighted motion pictures were present on their leased servers at Carpathia Hosting, a hosting company headquartered in the Eastern District of Virginia. … As of November 18, 2011, more than a year later, thirty-six of the thirty-nine infringing motion pictures were still being stored on the servers controlled by the Mega Conspiracy.

da pagina 29 circa del documento ci sono le citazioni delle mail. cose tipo "i ricavi sono calati perchè abbiamo cancellato i video in massa, non facciamolo piu' a meno che la richiesta non arrivi dagli USA"

e altre amenità…

dita, braccia e pancione nella marmellata..

[piccola riflessione: tante persone in buonafede usavano Mega* per cose legali. Al mio paesino hanno bloccato le costruzioni di case fatte dalla camorra riciclando quattrini e chi aveva dato una caparra se lo e' pigliato in saccoccia. Qui vale lo stesso, è buona cosa stare attenti con chi ci si relaziona aka, la reputazione e' un valore]

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