The controversial nature of file sharing on the Internet has slipped in and out of the cyber law spotlight every since the rise and fall of Napster. Now, with the shuttering of file-sharing giant Megaupload, many believe the end of the industry has finally arrived.
Megaupload is (was) the largest file-sharing website in the world, allowing users to upload and download digital media of every type including music, movies, video games and software programs. The site was shut down January 20, 2012, when FBI agents and US Department of Justice apprehended company leadership in Auckland, New Zealand, including the site?s founder, Kim Dotcom.
There are many similar file-sharing websites across the Internet and all of them share the same legitimate function of providing a way for owners of content to store, send and receive large files via the Internet without having to rely on personal digital storage devices, or slower email or conventional mail services when transmitting data.
Anti-piracy advocates and lawmakers argue these sites are too easily abused by people who are only interested in gaining access to free digital media ? and Megaupload prosecutors agree. The two-year investigation uncovered $175 million in criminal proceeds gained from the venture, including Dotcom?s New Zealand mansion and dozens of luxury automobiles.
Although jurisdictional concerns are satisfied by the fact that Megaupload used servers located in Virginia and Washington, D.C., and otherwise ?touched? consumers in the US, and prosecutors will likely have no problem proving the defendants had knowledge of their involvement in the trade of pirated material, problems remain.
A chief concern is if Megaupload will be shielded by the safe harbor law found in the Digital Millennium Copyright Act. More specifically, there is a question regarding whether Dotcom and his associates can be held accountable for the illegal conduct of Megaupload?s users. Legal pundits believe the Justice Department?s attempt to also charge the defendants with racketeering and money laundering may be a sign that evidence is lacking.
Even so, other file-sharing websites are taking notice, with many of them closing voluntarily in order to avoid attracting unwanted criminal charges, despite the fact that many users of these sites do so legally and are facing increasing problems with retrieving their digital property.
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Source: http://www.criminaljusticedegreeschools.com/megaupload-legal-questions-0208121/
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