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Author Topic: Petition to block MPAA Using Megaupload Case as Backdoor SOPA/PIPA Scheme  (Read 2136 times)

IainB

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I have pulled this out of the DOTCOM saga - updates thread to catch DCF members' attention and maybe give them time to sign the brief support petition, if they want.
Looks like some real wins may be imminent for the MPAA - Using Megaupload Case as Backdoor SOPA/PIPA Scheme.
You may still have time to sign the brief support petition and spread the word before the hearing/decision referred to below.
Quote
  • To add weight to their plea, a new campaign titled “The Internet vs. Hollywood” is being launched today in which members of the public are invited to add their name as supporter of the brief.
  • These are worrying developments according to Demand Progress, not just for Megaupload users, but also for the hundreds of millions of people who store files on Google, Dropbox, Facebook, Tumblr, Instagram, YouTube, Flickr and other online services.
  • 2012-06-28: MPAA Using Megaupload Case as Backdoor SOPA, Court Hears
    Spoiler
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    Political activist group Demand Progress has filed a brief in the Megaupload case, urging the court to disregard the MPAA’s concerns over the return of data to former Megaupload users. The group argues that Hollywood lobbyists are out to make it impossible for Megaupload users to access their property, effectively using the court case as a backdoor SOPA.

    Demand Progress is joining the Megaupload case as a non-party. The group has filed a brief refuting claims made by the MPAA, and asking the Court to consider the many innocent users who are still unable to access their personal files.

    The MPAA previously told the court that Megaupload users should only be allowed to get their files back as long as access to copyright-infringing files is blocked. According to Demand Progress this request is practically impossible, against the presumption of innocence, and effectively an attempt to enforce SOPA-like actions through the backdoor.

    In the brief the activist group says the MPAA is trying to use the Megaupload case to achieve what Congress rejected earlier this year, when it decided to shelve the SOPA and PIPA bills.

    “Legislation that sought to achieve the very results the MPAA now seeks to obtain de facto through mere seizure of Mega Servers — with or without a conviction – was rejected by Congress,” the brief reads.

    “Specifically, the failed legislation tried to render inaccessible data on websites that host user-uploaded files, and to do so at the request of private parties like MPAA, without due process for targeted business owners and users.”

    Despite the fact that Congress rejected SOPA and PIPA, the MPAA will now get the same secondary liability scheme enforced when the court grants the requests of the movie studios, the group argues.

    Demand Progress further tells the court that the MPAA’s request not to allow access to infringing files goes directly against the fundamental principle that Americans are presumed innocent until proven guilty.

    “The MPAA reasons property owners should prove their property non-infringing before the Court permits them access to it. This is akin to arguing that when a thief rents a hotel room and is caught, the contents of all of the guests’ luggage should be presumed contraband until proven otherwise. This result would be absurd and unreasonable.”

    “On its face, the MPAA’s request is suspect and asks the Court to bootstrap the guilt of parties onto a collateral motion, prior to a judgment,” they add.

    These are worrying developments according to Demand Progress, not just for Megaupload users, but also for the hundreds of millions of people who store files on Google, Dropbox, Facebook, Tumblr, Instagram, YouTube, Flickr and other online services.

    To add weight to their plea, a new campaign titled “The Internet vs. Hollywood” is being launched today in which members of the public are invited to add their name as supporter of the brief.

  • 2012-06-28: The Internet v. Hollywood - Demand Progress petition
    Spoiler
    Quote
    HOLLYWOOD IS HIJACKING THE COURTS AND POLICE.
    YOUR FILES IN GMAIL, FLICKR, PICASA, ETC. ARE IN JEOPARDY

    Hollywood attorneys are trying to use the courts to circumvent Congress and implement a backdoor SOPA/PIPA scheme.

    Fight Back: YOUR FILES ON Google, Dropbox, Facebook, Tumblr, Instagram, YouTube, Flickr, etc. and even your emails are in jeopardy.

    Demand Progress is fighting back in the courts and standing up for Internet users. We are taking on the United States and the MPAA. Please sign up at right to support our legal brief so the court understands that millions of people will be impacted by this decision. The judge is hearing the case TOMORROW.

    BACKGROUND: One day after the Internet staged a massive blackout to protest Congress's Internet censorship legislation (SOPA/PIPA), the United States responded by seizing millions of ordinary user files hosted on the popular website Megaupload.com.

    With an aim of shutting down Megaupload and other Cloud-based hosting services (like Dropbox, YouTube or even your email provider), the government is trying to claim website operators should face decades in prison for the misdeeds of some of their users. But while they pursue trumped up criminal charges against the companies' founders, they are shutting down dozens of websites, and leaving ordinary Internet users without any way of retrieving their files.

    Apple co-founder Steve Wozniak called the case against Megaupload a "threat to innovation." Wozniak likened the Megaupload site to a highway and those who shared pirated movies and songs to speeding motorists. "You don't just shut down the whole street because somebody is speeding," he said.

    Numerous laws on the books already give copyright holders plenty of avenues to stop actual infringement, but that's not enough to satisfy Hollywood's lawyers and lobbyists. The prosecutor in the case, Neil MacBride, previously served as the Anti-Piracy Vice President of the Business Software Alliance, where he represented the intellectual property interests of countless multinational corporations.

    Now Hollywood's lobbyists, represented by the Motion Picture Association of America, want him to make it nearly impossible for ordinary Internet users to get their property back.
    ______________________
     NOTE: Your name will appear below as a public supporter of our legal brief.

    We do not share your email address without your permission. We will send you updates on this and other important campaigns by email. If at any time you would like to unsubscribe from our email list, you may do so.

    The Demand Progress legal brief in United States vs. Kim Dotcom asks the government and all parties to facilitate the return to Megaupload users all files unrelated to the case. Stand with Demand Progress as we advance Internet user rights and fight to prevent the creation of dangerous legal precedent. Sign up to support our action in the Court.

    READ THE FULL BRIEF

    Please join us as we take it to the courts to fight Hollywood -- the hearing is TOMORROW, so please sign up right away. We need to make sure the judge understands just how many people will be affected by his decision.

  • 2012-06-30: Megaupload Judge To Issue Order On Return Of User Data “Shortly”
    Spoiler
    Quote
    A United States District Judge indicated in a hearing today that a little more time is needed to consider the fate of data uploaded by a Megaupload user and lost when the file-hosting company was closed without warning by U.S. authorities. The user’s case is being championed by the EFF who heard today that an order would be issued “shortly”. Additionally, the judge said he would schedule a hearing to consider Megaupload’s motion to dismiss.
    It’s been almost six months since Megaupload’s servers were raided and seized by U.S. authorities, a long time if you have valuable data stored on the companies now-frozen infrastructure.

    That’s the predicament sports reporter Kyle Goodwin found himself in after he chose Megaupload as the company to host his videos. Ever since he’s been campaigning for the return of his files with the invaluable help of the EFF. Together they filed a motion demanding a workable solution to enable him, and other users, to regain access to their data.

    Today the EFF appeared in the U.S. District Court for the Eastern District of Virginia to continue the fight, in the face of what they describe as a government failure to assist Goodwin and other lawful Megaupload users to retrieve their property.

    According to Bloomberg, during the hearing prosecutors argued that users such as Goodwin should be treated as “unsecured creditors” who should file civil actions against either Megaupload itself or Carpathia Hosting, the company where Megaupload housed its rented servers and where the data remains in limbo.

    In Court, Assistant U.S. Attorney Andrew Peterson described Megaupload as a service provider as opposed to an entity that holds people’s property. “A file-copying service is what Megaupload provided,” he said.

    In response, Judge O’Grady noted that Goodwin wasn’t asking for a service to be restored, but his videos back. “He’s asking for his data back, and that’s property, right?” he said.

    O’Grady did not make a decision on return of the data today, but indicated that one will come soon.

    “We’ll look at it a little further and issue an order shortly,” he concluded at the end of the hearing.

    According to PC World, during the hearing O’Grady rejected a request from Megaupload’s lawyers to challenge the Department of Justice’s seizure of Megaupload assets, describing the request as “premature” while noting he’s still considering their motion to dismiss.

« Last Edit: July 01, 2012, 09:39:15 AM by IainB »

Stoic Joker

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Signed.

IainB

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When you sign the petition you get this informative email:
Quote
Thanks for signing up in support of our legal brief.
The hearing is tomorrow and we need to make it clear to the judge that this case impacts MILLIONS of Internet users, so please get your friends involved right away. 
If you're already on Facebook, click here to share with your friends.
If you're already on Twitter, click here to tweet about the campaign.
Or, just email the link to your friends:
http://act.demandpro...ax&source=auto-e

Here's a sample email you can send to your friends:
Friends-
It's us versus THEM again.
Hollywood attorneys are trying to use the courts to circumvent Congress and implement a backdoor SOPA/PIPA scheme.
Fight Back: YOUR FILES ON Google, Dropbox, Facebook, Tumblr, Instagram, YouTube, Flickr, etc. and even your emails are in jeopardy.
We need to make sure the judge understands that his decision will affect millions of people.
Demand Progress is fighting back in the courts and standing up for Internet users. We are taking on the United States and the MPAA. Please click here to support our legal brief -- the court will be hearing the case TOMORROW.

http://www.theinternetvshollywood.com/

BACKGROUND: One day after the Internet staged a massive blackout to protest Congress's Internet censorship legislation (SOPA/PIPA), the United States responded by seizing millions of ordinary user files hosted on the popular website Megaupload.com.
With an aim of shutting down Megaupload and other Cloud-based hosting services (like Dropbox, YouTube or even your email provider), the government is trying to claim website operators should face decades in prison for the misdeeds of some of their users.
But while they pursue trumped up criminal charges against the companies' founders, they are shutting down dozens of websites, and leaving ordinary Internet users without any way of retrieving their files.

Please click here to sign on as a supporter of Demand Progress's legal brief: The judge will be hearing the case TOMORROW, and we need to make sure he understands that his ruling affects millions of us.

http://www.theinternetvshollywood.com/

Apple co-founder Steve Wozniak called the case against Megaupload a "threat to innovation". Wozniak likened the Megaupload site to a highway and those who shared pirated movies and songs to speeding motorists.
"You don't just shut down the whole street because somebody is speeding," he said.

Numerous laws on the books already give copyright holders plenty of avenues to stop actual infringement, but that's not enough to satisfy Hollywood's lawyers and lobbyists.

And get this: The prosecutor in the case, Neil MacBride, previously served as the Anti-Piracy Vice President of the Business Software Alliance, where he represented the intellectual property interests of countless multinational corporations.

Now Hollywood's lobbyists, represented by the Motion Picture Association of America, want him to make it nearly impossible for ordinary Internet users to get their property back.

Please click here to sign on to our legal brief, and make sure the courts understand that millions of Internet users will be impacted by the judge's decision.

http://www.theinternetvshollywood.com/

Thanks!

One last thing -- Demand Progress's small, dedicated, under-paid staff relies on the generosity of members like you to support our work.
    Please consider clicking here to chip in $5 or $10 to Demand Progress.
    Or you can become a Demand Progress monthly sustainer by clicking here.

Thank you!
 
Paid for by Demand Progress (DemandProgress.org) and not authorized by any candidate or candidate's committee. Contributions are not deductible as charitable contributions for federal income tax purposes.

Carol Haynes

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This affects the global community - not just the US. How can people outside the US add their support?

IainB

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This affects the global community - not just the US. How can people outside the US add their support?
You're darn tootin' right it affects us all.
Answer: Umm...get a "proxy" zipcode...?