The Pirate Party: Justice for legitimate ex-users of Megaupload

By | January 24, 2012, 2:12pm PST

Summary: The Pirate Party are planning civil action against the FBI for the closure of Megaupload. Was there a point to the closure of the storage locker in the first place?

Just a few days after the majority of the tech community were sitting smugly over coffee watching headlines confirming the temporary defeat of SOPA, Megaupload disappeared overnight from the digital radar.

After the FBI took it upon themselves to close down the storage locker, seize the domain names, confiscate over $50 million in assets and arrest the founders, the rage and confusion of users was felt worldwide.

Now, a movement has begun in Catalonia from the Pirate Party (PP-Cat) that aims to bring collective civil action against the FBI.

On the first day, over 1000 ex-megaupload users registered in Spain alone, and now collective anger is branching out due social media communication. If you surf the hashtag #megacomplaint on Twitter, you can see the campaign is gaining a degree of momentum.

Support has also flooded in from other Pirate Parties across the world — including the Czech Republic, Russia, UK and Sweden. The campaign’s website expresses anger at the ‘millions of legitimate users have been crippled by the U.S. authority’s attempt to enforce their own law across the world.’

Sounds familiar, doesn’t it?

By using the campaign website and social media links, users that have lost files which may well be legitimate can join the ‘movement’, make donations, voice their complaints and read the manifesto.

PP-Cat says that the FBI has potentially violated Articles 197 and 198 of the Spanish Penal Code by misappropriating personal data, and further than the takedown being an illegal action, it has caused disruption and damage on a global scale in a ‘fruitless’ attempt to clamp down on copyright theft under U.S. law:

However, as much of the unlawful content will still be available via other services on the web, this action not only shows us the futility of these measures but also serves as a reminder that these files are not necessarily, nor have been shown to be, illegal in any country, including the U.S.

So, in the case of Megaupload, U.S. authorities decide to close down the service on the basis of suspicion of copyright infringement under debatable legal avenues. If the law in one country can take down global services as they please, was there a point to so many attempting to stave off a bill which gave authorities the power to do such a thing?

PP-Cat, in conjunction with various Pirate Parties across the world, plan to investigate these potential breaches of law and will ‘facilitate submission of complaints against the US authorities in as many countries as possible, to ensure a positive and just result.’

Andrew Robinson, Pirate Party UK Culture Media & Sport Spokesperson, supports the effort – saying:

“We believe that the rights of ordinary people are being ignored by those intent on maintaining a flawed business model via excessive legislation. We believe that unjust laws like SOPA, PIPA and now ACTA must be fought, and that ordinary internet users should have legal recourse against the copyright lobby.”

The movement is not about applauding online piracy. It is about giving legitimate users a platform to attempt to defend themselves from authorities that overstep the mark:

Regardless of ideology, or opinions on the legality or morality of those running Megaupload, actions such as the closure of this service cause huge damage to lawful users of the sites and are unacceptable and disproportionate violations of their rights.

Sure, Megaupload was a prime target to be taken down to leave music labels slavering at the mouth — but as ZDNet’s Steven J.Vaughan-Nichols noted, only a small percentage of illegal file-sharing takes place through cyber storage-lockers. BitTorrent services are, and probably will be for the foreseeable future, the easiest and most popular method of file-sharing.

It seems like scaremongering more than anything, as many similar storage services have already fled to the hills or banned users from the U.S. to stave off their own ruin. However, it won’t make a blind bit of difference to those who pirate — it will probably affect legitimate storage users far more.

Image credit: PP-Cat

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London-based medical anthropologist Charlie Osborne is a journalist, graphic designer and former teacher.

Disclosure

Charlie Osborne

I have no current affiliations or relationships that are worth noting.

Biography

Charlie Osborne

Charlie Osborne, Medical Anthropologist who studied at the University of Kent, UK, is a journalist, graphic designer and former teacher.

After studying Anthropology at university, she spent several years travelling and working across Europe and the Middle East, living for periods of time in Italy and Spain. She has been involved in the running of several businesses ranging from University media and events to b2b sales, and works currently as a freelance website designer and mobile development specialist.

She has particular interests in social media, intellectual property law, data protection and online hacker organisations.

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RE: The Pirate Party: Justice for legitimate ex-users of Megaupload
michaellashinsky@... 1st Feb
@partman1969@...

Don't be stupid. Republicans and conservatives ARE the big business party. They only want to get rid of the parts of government that hold them accountable and/or prevent them from doing whatever they like to whomever they like.

George W bush used to talk about smaller government, and he imposed the Patriot Act and created the Dept. of Homeland Security. Now we are not able to bring a nail clipper or bottle of baby formula on a plane. He also borrowed trillions of dollars from a communist regime while lowering taxes for his cronies thereby bankrupting the Federal Government. And Republicans are blaming that on Obama too!

You are a victim of brainwashing.
"effect legitimate storage users far more."
"AFFECT legitimate storage users far more."

GREAT article. And great job by the Pirate Party for wording their responses so clearly.
Have never been a megaupload user, but from reading other articles it looks like this was a big time storage location for pirated music and movies and that the owners were making big money from dues to use it. I don't like the implications of what SOPA or PIPA can do, but I've got little to no sympathy for people who are blatantly uploading, downloading and profiting from the illegal distribution of copyrighted material like this.
I think the point is that an overseas company run by foreign nationals in a foreign country were arrested and their assists seized on the "suspicion" of violating US Copyright law. The US has no legal authority to do what it did. But, from living in a country where citizens can now disappear and be held without trial or charges for indefinite periods of time after being whisked away to unknown overseas locations, why should I be surprised. The MPAA and RIAA are nothing but robbers who bribe politicians to do their will. Sure, copy-rite infringement is wrong. But the greater injustice is what is happening to people by US Jackbooted thugs.
@M.M.Grimes
Are you listening to yourself, blaming MPAA and RIAA for this?? You may find MPAA/RIAA methods deplorable, but you cannot find anything admirable about Megaupload, can you??? Futhermore, this conglomorate was doing illegal activities, while on US soil. You don't think they have the right and the authority to do what they did???? Sorry, but I go into a frenzy too many times, trying to figure out where some people's heads are! Go ahead with your barbs but had to get that off of my chest!!!
@M.M.Grimes So foreign nationals and foreign-based companies don't have to follow US law? I'm going to take a trip to Spain and start robbing banks. Based on your reasoning, it's obvious I don't fall under their laws.
@boomchuck1 When I come upon things that begin with a self-confessed lack of knowledge, i.e., "Have (sic) never been . . . " I stop reading.
@boomchuck1 Have never been a megaupload user And then I stopped reading because anything after this is completely irrelevant because it's based on rumor, innuendo, and speculation - NOT personal experience.

I HAVE used megaupload for legitimate downloads of game mods. Sure there are indeed pirated files on there however that does NOT give the FBI the right to shut down the entire site - wasn't this exact scenario the reason why so many of us opposed SOPA and PIPA?

I have little sympathy for those who are involved in software piracy but it's moves like this that punish the innocent and not the guilty.
0 Votes
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Ehhh??
kaninelupus 29th Jan
@boomchuck1

What they did was offer a file storage service... and yes charged for more than basic account services.... just like Rapidshare and the likes. Don't confuse the actions of individuals abusing site user agreements (and in all fairness, MU - just as any other reputable file storage site - investigated/removed any suspect content if reported) as being a business model.

How about be penalise Google for filtering out illicit search results? Sue the daylights out of the architects of any kind of file-share technology (forgetting that many extremely legitimate corporations now make use of these technologies... including bittorrent!)?? And what exactly do ISP's think we do with all those massive ADSL's download limits that they offer for ridiculously low costs?? Where exactly would you draw the line of (in)sanity?
0 Votes
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It won't matter ...
terry flores 24th Jan
The US generally ignores any attempt at being held accountable to foreign legal actions. Most often this crops up in Latin America, where US law enforcement agents routinely operate without permission from the local government to even be there, much less arrest (kidnap) suspects without extradition proceedings.

Adding to that, the US has repeatedly refused to recognize any jurisdiction by any foreign power. They recognize the jurisdiction of the International Court of Justice only on a case-by-case basis, meaning when it suits them.
Really, I have downloaded several legitimate files from Megaupload. Usually they are pieces of software (or documents) that the authors were giving away for free and as a result couldn't afford the bandwidth to host them (or didn't have their own website).

Just because a few use a site for illegal purposes, does not make the site illegal and Megaupload did try to police it's self, although sometimes they went too far in what they removed.
@cmwade1977 Actually, they did the opposite of self-policing -- they concocted schemes to claim compliance while encouraging and profiting from piracy.
@cmwade1977 Most likely it was a few legal users and the vast majority were illeagal
@Rdewey
Your missing the point, completely. It is all about the US trying to enforce its laws on other countries. Countries in which the activity in question is perfectly legal. That's one of the reasons why the Teliban and other groups are so upset with the US. Such thoughtless actions are doing no more then fuel even more terrorism against the US by people that see no other way of retaliation. What next is the US going to invade the world?
@cmwade1977

This is Napster and Kazaa all over again. The precedent was set back then.
I belonged to Megaupload a long time ago. It seems at that time more care could have been taken to protect copyrights
Long-live the Public Domain ~~~~~~~
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boycott
walkerjian@... 24th Jan
i wonder if complete boycott of all american goods and services is on the cards? Would corporate america even notice? The dismantling of pax americana...
@walkerjian@... Go ahead and boycott. remember pax americana built the internet.
@kkaiser
Exactly!! And, most of the world!!!
@walkerjian@...
Good luck boycotting American made items, corporate america outsources as much as possible to various Asian countries or Mexico.
Filesonic is running scared as well. The day after Megaupload was taken down I received a terse notice when I logged onto Filesonic to the effect that sharing of all files has been disabled and there would only be access to files that had been personally uploaded by the account holder.
How will this effect cloud services such as DropBox. There is a way to make your files open to the public if you so choose. I don't do that but I do store/backup a lot of personal business files on DropBox. Am I going to wake up some morning and and find them gone?
@mocnarf
The problem is not that it is gone, but that it is now owned by someone else.
@HardTruth No, the problem is that legitimate files on these services are gone when they shut down (or are shut down).
If you used megaupload, or any of the other services that shut off US users, to backup your machine, for instance, you no longer have access to those backups.
Some services shut down file sharing, but allow the owner of the account to still access his/her own files. But I wouldn't take the chance.
@mocnarf Always keep copies of any files on a local drive as any cloud held files can be lost at anytime,as megaupload users have found out the hard way.
These download sites will eventually realise that the only way to be safe is to have their servers and businesses outside of usa jurisdiction. Take pirate bay for an example they have been laughing at usa openly for years. I am not condoning illegality but just pointing out the way things look like going.
There is a difference between world leadership and world dictatorship. Am personally disgusted how this trend of personal freedom violation can continue to be spread like cancer. Just wait to see what will come next. The so called necklace made of hemp will someday be tightened when it suits those organizations. Remember Farenheit 451!
Future email to you:

"As your backup provider for "all your data in the cloud" we are legally obliged to audit the data hosted on our servers/storage. As such, please provide copyright clearances for all of the photos, books, music and videos which you have backed up to our service. Copies of receipts or other proof of ownership of the intellectual property stored on using our service is required, showing that you are the legitimate original purchaser. As any breach of copyright would mean a shutting down of our backup service to everyone, you need to comply with this request within the next 14 days, or your data will be erased. Note that under the terms of the DMCA, digital copies of legitimately owned content which have had DRM removed (e.g. DVDs, audiobooks) are considered illegal and should also be removed."
0 Votes
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Remember the first 'W'
anne.sullivan@... 24th Jan
in www is WORLD. If the US takes unilateral action against a worldwide service based on suspicion, this would seem to open the door for other countries doing the same. If the legal case against Megaupload is not rock solid, the United States could be irrevocably tarnished in the eyes of the world internet community.
@anne.sullivan@... I think the government is basically there already. The whole political system has been hijacked from what the Constitutional framers envisioned.
@techrepublic@...
LIBERALISM !!!!!
@techrepublic@...
I cringe everytime I hear that phrase, "Framers invisioned." Not too many people are around that were around when they envisioned it. Therefore, I sometimes wonder how we really know what they envisioned??? I've never read a diary of theirs that expressed their envisionment. And, would that vision stand today with all of the changes that has taken place????
No, we have not raised a generation of thieves. We want the best music and we want it free. In fact, we want free everything.
@olen79760
LIBERALISM !!!!!
I read this in another ZDnet Blog, it is NOT my original post.

Megaupload was a Hit Job
I could almost see the rationale for Megaupload, but a recent Tech Crunch article changed my mind. Megaupload was about to preview a new music distribution service, one that would have given a 90/10 revenue share to any artist that used their services for distribution - 90% of all revenues to the artist, with promotion through the service. Given that Mega had become the working repository for some not insignificant acts, the idea that it could actually put a major dent, if not finally topple, the existing studio model was very real. It makes me wonder if SOPA and PIPA were simply two mechanisms to both put this company out of business and give other file sharing companies ample pause before taking this route.
@inkwell

That is the first thing that makes sense! I don't suppose you have a link?
With the USA forcing their laws on the rest of the world does that mean we can do the same to them?, handguns are illegal in the Uk to sell or own, does that mean we can go to the USA and close down all the handgun websites and stores as it breaks OUR laws ?.
0 Votes
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Bad example crea
Dr_Zinj 25th Jan
@crea@...
You see, if you tried, I'd have to shoot your mangy a$$. Which causes no end of trouble since the ground is frozen solid making shoveling your grave a lot of work.
Would you mind terribly if I left your carcass back in the woods for the foxes and crows to dispose of instead?
@crea@...
I'm going to s-a-y t-h-i-s s-l-o-w-l-y so no one can misunderstand. The US Officials did not go anywhere do nothing! The people arrested in America were doing business here in America. The ones arrested overseas were arrested by their law inforcement officials. If we have internet gun sellers illegally selling guns somewhere, you bet your bottom dollar that they will be arrested by US Authorities, per request from a neighbor country. Good neighbors have each other's backs!!!
With the USA forcing their laws on the rest of the world does that mean we can do the same to them?, handguns are illegal in the Uk to sell or own, does that mean we can go to the USA and close down all the handgun websites and stores as it breaks OUR laws ?.
I am surprised that the hacker community is not responding to this (and the self-imposed shutdowns of other file sharing services) as it did to the imminent passage of SOPA -- after all, this is simply what SOPA would have legalized. When SOPA was set back, the FBI went ahead and did what it wanted anyway. A little out of control, eh?
@rttedrow@... The talks about an alternate internet, mesh networks and darknets have gone through the roof. Expect to see mass shifts soon away from ordinary internet services to anonymity.
@Natanael_L
So they won..... Right?
Look at the way Israel operates, now look at the way US does it. Similar, isn't it.
The moral of the story is to not trust you illegitimate data to thieves and criminals. Its like banking with the mafia.
...doubletap...
@kkaiser Ever heard the words "innocent victim"?
And I'm sure you meant not to trust your legitimate data to ...
All this talk of non americans retaliating against the U.S. is a waste of energy. Only China has the resources and they're not interested. Perhaps the other nations should consider a giant firewall around the U.S. Oh, yeah and send money to Ron Paul, he's an isolationist. GO PAUL!!
Article 4 of the Constitution of the United States.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

These legitimate users, and there are probably hundreds of thousands of them, if not millions, have had their assests seized without due process to them.

What the FBI did, with the aid of New Zealand law enforcement, was the equivalent of invading a hospital Intensive Care Unit, and throwing all the nurses and doctors in jail and taking all the medications and machines out, leaving the patients to live or die. And make no mistake, this action will destroy some or many legitimate companies and businesses.

I'm not saying megaupload's management was lily-white; but law enforcement in this case should have been wearing black uniforms, jackboots, and wearing swastica armbands.
@Dr_Zinj
DR, one word for thisdribble--RUBBISH!!!!!
@Dr_Zinj

Who says they weren't!
@partman1969@...

Don't be stupid. Republicans and conservatives ARE the big business party. They only want to get rid of the parts of government that hold them accountable and/or prevent them from doing whatever they like to whomever they like.

George W bush used to talk about smaller government, and he imposed the Patriot Act and created the Dept. of Homeland Security. Now we are not able to bring a nail clipper or bottle of baby formula on a plane. He also borrowed trillions of dollars from a communist regime while lowering taxes for his cronies thereby bankrupting the Federal Government. And Republicans are blaming that on Obama too!

You are a victim of brainwashing.

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