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Files aren’t property, says US government

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justice:
As long as the government hasn't signed my acceptable use agreement which retroactively applies rights to files I've uploaded, they can't do anything! Muhaha.

But seriously,
Apparently your property rights "become severely limited" if you allow someone else to host your data under standard cloud computing arrangements. This argument isn't limited in any way to Megaupload -- it would apply if the third party host was Amazon's S3 or Google Apps or or Apple iCloud.   
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There's a difference between services that are aimed at sharing information with the public, like Megaupload, and services that have private information, such as iCloud. Just need a few appeals and case law before they'll realise, hopefully.

zridling:
I'm kinda amazed that the big Cloud guys aren't upset by this.... if files aren't proprietary property then a whole lot of law precedent is going to break. -TaoPhoenix (November 05, 2012, 08:12 AM)
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And in the larger picture, if there is no private property, there is no capitalism. Not even the crony capitalism we suffer today.

Silly Renegade! Laws are only there to restrict the freedoms of PEOPLE! Not CORPORATIONS!-Renegade (November 05, 2012, 08:20 AM)
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That reminds me of Nomi Prins' article:
Before the Election was Over, Wall Street Won (long read)
http://www.nomiprins.com/thoughts/2012/10/23/before-the-election-was-over-wall-street-won.html

But seriously,... There's a difference between services that are aimed at sharing information with the public, like Megaupload, and services that have private information, such as iCloud. Just need a few appeals and case law before they'll realise, hopefully.-justice (November 05, 2012, 08:52 AM)
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That's the obvious fear in the Megaupload case, that by the time you protest your case, your files have been confiscated, you've been locked out, and they're looking for ways to prosecute you with it. You can always spend years and untold amounts on lawyers and international courts trying to claw back your property, though. Good luck with that!

SeraphimLabs:
If files aren't property, then they also cannot be someone else's Intellectual Property, nor can they be stolen property in an infringement case.

I honestly think this is the biggest good news for the average person since internet file sharing was invented- as long as you don't actually download the stuff onto your own machine, it isn't your property to be charged with possession of, and all the liability falls onto the host storing that content- except files aren't property so they get off easy too.

This is amazing, it really would break every single infringement case on record and completely destroys the notion of software patents and copyrighted software.

TaoPhoenix:
If files aren't property, then they also cannot be someone else's Intellectual Property, nor can they be stolen property in an infringement case.

I honestly think this is the biggest good news for the average person since internet file sharing was invented- as long as you don't actually download the stuff onto your own machine, it isn't your property to be charged with possession of, and all the liability falls onto the host storing that content- except files aren't property so they get off easy too.

This is amazing, it really would break every single infringement case on record and completely destroys the notion of software patents and copyrighted software.
-SeraphimLabs (November 05, 2012, 05:07 PM)
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You'd think, but of course it won't work out that way, it will become "Schrodinger Property", when and if it suits someone to have it be in whichever state suits their evil ends. You didn't think the US Gov managed THAT kind of end run on Copyright, did you?

IainB:
This seems rather confuzzling to me. It might even all be leading to a good thing, depending on how you looked at it or defined things.
I think a careful definition of all terms used might be in order. Things could look a little clearer then.

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