Face of the Day

I watched the interview of John Campbell and Kim Dotcom on Campbell Live. (transcript)

He very clearly and succinctly explained what Megaupload was about and the farcical situation of our Police acting on behalf of US Federal authorities who seem to be acting on behalf of record companies and movie studios.

His explanation of why piracy occurs is spot on….basically the studios and recording companies through their outmoded business models have created the problem for themselves.

Face of the Day - Kim Dotcom

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  • Orange

    It’s pretty hard to not be persuaded by his view.

    •  back when this first went down i called as ‘if bullshit were tarseal this case is the great sth rd’..

      ..and asked if everyone was happy about our police-force being (unpaid) hired-goons for our american masters..

      ..that opinion hasn’t changed..

      [email protected]

      • Boss Hogg

        Hey Phil. This may be the only time in my life that I agree with you.  We use a number of FTP sites for moving large, low security files, drawings, reports to and from clients during projects and between offices.  We could be sending movies and tell friends about the links via email, etc etc.  Not sure what is so different about this.

        You get the feeling that he is a slightly chubby tall poppy.

        Cheers Phil.

  • Pete George

    I had growing concerns that this looked like it could be a case of the US dumping a Megafuckup on us.

    The interview, which all seemed reasonable, logical and informative, seems to confirm this.

    Some people have jumped to conclusions based on first impressions of MegaKim, but we have to ignore anything personal and look at the mega picture.

    I guess if big business rules politics in the US then the FBI can clobber anyone they choose.

    • Boss Hogg

      The more I think about the interview, the more I like the guy.

      Also, that was probably the best (or least bad??) interview I have seen from Campbell.

  • RAS

    Thank
    goodness common sense has prevailed. It seems highly unlikely that Kim Dotcom
    is an internet pirate, he is more an entrepreneur who saw an opportunity and
    capitalised on it.  He is never going to
    run off, I believe that his wife and small children are the nucleus of his
    world and he will do nothing that would harm them; why would he while his
    substantial assets are frozen by the law of the land. I believe that he
    wil  beat these charges if only to show
    the world that US officials have overstepped their authority and New Zealand
    Police have just complied without understanding what is going on.  God help us if he choose to file against the
    NZ Police for trashing his home, ruining his business and traumatising his
    family. I am sure there are many who object to his wealth and undoubtedly he
    has flaunted it – but time to leave them in peace to make a life in New Zealand
    as they wish.

  • Callum

    He can spin it anyway he likes but he paid people to post popular and pirated content in order to make money, his major revenue stream was from other peoples piracy. Basically he acted like a fence for stolen propertty, whether you agree with the laws on piracy or not his clear intent was to make money off what is currently illegal activity.

    • Pete George

      Shutting down Megaupload is equivalent to shutting down NZ Post because some people send copied CDs or DVDs in the mail. Not to mention drugs.

      Should email servers all be shut down if illegal material is sent by email?

      Should owners of every cloud service be imprisoned and their services shut down?

    • SJ00

      He also paid legit users money to post content.
      At what point does the company become responsible for what its customers choose to do with the site? No one shuts down gun companies because a kid shoots up a school, car companies because a drunk driver crashed into someone and killed them, peanut companies because someone with a peanut allergy ate a peanut etc etc etc. A company has to take resonable steps to prevent things like this I guess, Megaupload had a facility so other companies could get links taken down (of which 10% of links removed they didn’t have the right to have removed.. so companies were abusing the power they had). There has to be other reasons why he is in trouble, not because users of the site uploaded Desperate Housewives s03e11 and got paid to do so. Call that file spreadsheet_for_work.rar , and it appears legit. Scan the file and find its a tv show, and then aren’t you intruding on privacy? Customers chose how to use the site, Kim Dotcom didn’t post on a pirate website ‘hey use my site to upload your pirate material’.
      Everyone knows Google has more links to pirate material than anywhere. When do they get in trouble?

      • Argon

        Reminds me of the saying: Guns don’t kill people, people kill people.

      • Pete George

         And Dotcom made the pertinent point about what Youtube does – how is that different from megaupload? Apart from being more widely used, open and publicly accessible.

    • Agent BallSack

      I’m with Pete here. Every game has a digital signal and size, Telecom and every other ISP are complicit in piracy if he is. They can at least measure the traffic across the network and measure it versus known bit sizes for games and run checks on traffic that seems unusually large. When will the FBI be stepping in and seizing their assets?

  • Gazzaw

    I would love to hear a qualified legal opinion from one of our posters. Am I correct in assuming that NZ was bound to comply with the US authorities because we have a bilateral extradition treaty. Just as the US authorities would act on our behalf should a NZ citizen who is resident in the US be wanted by NZ authorities. An overly simplistic view maybe but I have yet to hear the legal facts spelt out, buried as they are in the media hype and the overly emotive responses.  

  • Matfam

    very very interesting.
    This interview has revealed so much more back story. unusually balanced from Campbell.

  • peterwn

    Interestingly it was a porn site operator who first blew the whistle on Megaupload’s operation, not Hollywood nor the music industry. What is looming to be the major issue IMO is whether Megaupload or its associates (as distinct from ordinary users) uploaded copyright material in order to generate more paid download traffic. In other words Megaupload was directly violating copyright law in a criminal manner (under both NZ and USA law) rather than being an unwitting ‘party’ to the offending. If this is the case, it blows out of the water any claim that Megaupload was merely a cyber locker.

    As far as the copyright model is concerned – could Sir Peter Jackson successfuly run his NZ based movie operations if anyone could copy and pass on his movies with gay abandon?

    • pipdge

      Yes, he could, and does inspite of the copying that does occur.  Just google “The Return of the king torrent”.

    • Pete George

      peterwn – I have presumed there must be something else in this case, will we find out those sort of details before extradition?

      If Megaupload was directly violating copyright laws as you describe  is that enough to justify the scale of the action against them?

      • peterwn

         yes

    • parorchestia

      Don’t confuse the two issues.  DotCom may have provided the means, but there is no evidence he conducted any copyright breaches.  There were no complaints laid to his organisation.  I suspect that this is because the potential complainants received legal advice that they had to take action against the actual offender, not the provider of internet services.   If he is guilty so is Google, Yahoo!, Xtra, Whale (!!!) and so on. 

      I suspect there are deeper and sinister motivations at work.  Are the Yanks desirous of searching through some of the files deposited on DotCom’s site?   The breach of copyright may be a smoke screen?  This certainly fits their modus operandi which seems to be aimed at cocking up all their foreign policy and distressing the friends since WW2.
      With the disappearance of porn superstars we need flamboyant characters in our lives. And flamboyance is not an indictable offence.  

      • peterwn

        I am not confusing anything. FBI has apparently unearthed evidence that will lead to direct copyright violation charges against Mr Dotcom and co on the basis they directly uploaded material in violation of copyright law.

        There is another rather new legal issue here – proceeds of crime legislation. If Mr Dotcom has on the balance of probability criminally breached NZ copyright law (eg Kiwis downloading copyright stuff from Megaupload), then this would ‘trigger’ NZ proceeds of crime legislation.

  • Phar Lap

    And the latest is of the big fellow ,who was thrown in jail,all because the FBI said so, was denied the necesssities in his cell.Not even a blanket was issued on his first night.Now it is being revealed if he was doing the downloading in the USA he would not even be charged??? Time our Police Commissioner revisited some of the scare tactics carried out on Mr Dotcom,by the FBI in our country ,which is a sovereign nation.

  • mister nui

    He’s angry and he knows what he’s talking about.

    On the face of this, he will win.

    • Boss Hogg

      Mister – are you in Germany now ????

  • Coventry

    He was lying through his teeth.

    Megaupload were issued with takedown notices, the URL’s for the content were removed, but the actual content was retained by MU. 

    Regular users could not search ‘the database’ for content, but MU admins could and could access supposedly taken down content.

    MU paid people to upload the content, they are hiding behind the user T & C’s trying to shift the blame/focus to Joe Public.

    • parorchestia

      Coventry, If this is so, how do other people access the retained content if the URL was deleted?  Do you know how file deletion mechanisms work?  They delete the file pointers, not the content. It would be impossibly difficult for a commercial outfit to permanently delete the content of files on their  hard drives.  Work load would increased by at least 16 times!
      Methinks you have been talking to someone on the Dark Side who was trying to justify their actions.

      • Coventry

         Read the court documents – the email discussion between the execs over ‘deleted’ [tui advert] content speaks volumes.

      • parorchestia

        Coventry – he would have to be found guilty of breach of copyright before anything else happens.  There has to a proven crime before  the proceeds of crime legislation comes into play.
        To be found guilty he has to be found guilty of perpetrating a direct and clear breach of someone’s proven intellectual property rights.  Providing a road is not sufficient cause to be arrested for moving vehicle offences committed by others while using that road.   Normally, any action for breach of such rights is taken by the person whose rights have been breached, not by the government.  IP rights are the right to sue or be sued.  

        So, why do I think the heavy (and clumsy) hand of the US Government is involved?   1.  The police are involved, both the FBI and our Police Force.  2. The action taken in the arrest was more Hollywood-like  than any NZ agency would contemplate for such a non-violent case. This case really should be a civil action as I showed before.  3.  No legal action (other than take down requests) were received before.  4.  Your response.  You appear to be closely connected to the US agencies and are defensive of their actions.   We know that US agencies place agents in foreign countries to sway public opinion – most big countries do.   Don’t take offence but are you one?  5.  No action has been taken against any US companies.   Aren’t there any other companies in the US doing what DotCom was doing?

        Democracy depends on everyone, including the government and its agencies, obeying the law.  

        Finally, I would point out that the US Government’s action is a thoughtless condemnation of our legal system.  They could have taken legal action here where he is living and where the alleged actions were undertaken.   A person who is charged with a crime should normally be tried in his home town.  It may cause unreasonable hardship to have him tried in a foreign country especially since his access to resources has been cut off.

         Sorry if this post doesn’t appear in the right place, but I have not yet conquered all the vagaries of this system.  Sorry Whale.

    • RolandS

      Kim Dotcom freely admits that they received takedown notices via their site and they complied?  How do you supposedly know so much about this did you work for them?

      • Coventry

         Read the court documents, the email between the MU execs speaks volumes.

  • Stuart4

    This is all a bit ridiculous. I loved using Megaupload, but any ‘defending’ of it is just like John said at one stage, ‘romantic notions’. 

    Megaupload carefully created a system that could be defended in law, give every opportunity for content owners to delete files, but at the same time allow the piracy through multiple uploads and  poor searching features, relying on links within forums.

    The only defence this company can give is a technical, naive law defence. The same type where criminals get off on technicalities such as ‘well the video shows the crime, but it was illlegal to record so you can’t prove it’. Everyone knows they are guilty, and if we are going to allow this sort of technical defence to megaupload then we should also allow it to other criminals. Therefore I support the FBI here.

    • Pete George

       “Everyone knows they are guilty”

      Why bother with extradition and a trial then, why not just fly them straight to Guantanamo?

      • Stuart4

        Shall I rephrase then, everyone knows that he knows exactly what megaupload was for.

  • RolandS

    How can we do that are they published somewhere?

    • Coventry

       http://www.scribd.com/doc/78786408/Mega-Indictment

      • politically unstable

         I didnt get past the first few paragraphs when it started the emotional Megaupload Conspiracy comments….maybe dotcom is correct when he said the charges read like a media release….

        It still beggars belief how our courts have been used in this process bending over for the USA while we let pedophiles and child killers roam our own streets

  • Wychbych

    His arrest is licking America’s bum, cosying up to the good ol’ US of A.

    Scapegoat springs to mind.

  • Vikingonmars

    Oh and this is just the thin edge of the wedge for the FBI and spies. The Eurpoeans Parliamnet has now backed away from legislating the american version of the Law that Key and co rushed through last year in order to curry favour with the Yanks. All to no availl I might add, apart from giving our leagal soverignty to the yanls at the same time.

    No wonder the world don’t like or trust them.

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