Kim Dotcom's extradition to the U.S. given green light by New Zealand
torrentfreak.com
torrentfreak.com
The problem is that government doesn’t have a line, that line is defined by the resistance it faces. Today it might be people sharing MP3s, tomorrow they will come after you for hosting a parody of mickey mouse. 10 years from now they’ll be busting down doors for sharing illegal memes (Seems to already be the case in the UK).
Sitting by passively and praying that the system will come to its senses is a fool’s errand. Copyright holders, the government, and powerful interests are entities that have no problem playing dirty.
You know how nuts that sounds to me as a mathematician?!
[Citation needed]
UK law does not prohibit memes. It prohibits incitement to riot, as does US law. It prohibits incitement to murder, as does US law. In fact, these acts are illegal in almost every democracy in the World, even the most progressive and liberal ones, because they are reasonable statutes to extend common law (protecting people and their property from damage by others).
In recent weeks, a young man born in Wales to Rwandan-born Christian migrant parents, diagnosed with autistic spectrum disorders, stabbed three 6-year old girls to death at a dance class. He attempted to murder the other children in the class, and the adults who intervened.
The "illegal memes" as you put it, were that he was a foreign-born Muslim who had entered the country illegally (all aspect of this narrative are false), and that people should riot to show their displeasure, and kill Muslim migrants to "save our children".
Seeing these "facts", mobs rioted in multiple towns over the course of a week, injured multiple (unarmed) police officers, caused tens of millions of pounds in damage to private property, and attempted to burn down a hotel with 200+ migrants (including children), staying in it, while many people of colour were individually attacked, their shops looted, their homes and cars damaged, and so on.
Arresting and charging the people who did these things is an obvious priority.
Arresting and charging the people who spread misinformation (I believe it was actually disinformation - purposeful, intentful lies), and suggesting that riots and murder should take place, are just as guilty of incitement in the UK as they would be anywhere else in the World.
The internet is not a fantasy land. What you post has real World consequences. If you get together in a private forum and plan to kidnap, rape and kill a celebrity (a case also tried in the UK recently), that's not "online meme banter", that's conspiracy to kidnap, rape and murder. You're going to prison, you're a threat to public safety.
The lines you say the government don't have, they're there. They're called "laws". Some of them are arguably unjust - I've campaigned against some IP law extensions in the past, including the introduction of software patents in the EU (when the UK was still a member), and think RIPA was a tragedy of law making - but to say that laws are irrelevant and action is defined only by the resistance a government faces is absurdly cynical, naive, and simply not true.
Your last sentence leads to an obvious question: what do you think people should do instead of "sitting by passively and praying that the system will come to its senses"? Do you think inciting riots and murder are the way to go?
Curious what you have done instead?
THIS is why the Second Amendment. It's easy to revenge-kill a crazy, it's harder to revenge-kill a government. Keep your governments small and your crazies armed!
> Isn't it wiser to stop at some point, and find other stuff to do, even if all your nerves say otherwise?
Do you think this should apply to, say, Snowden, Assange, and whistleblowers in general?
Comparing Kim Dotcom to Snowden or even Assange feels gross. He was a commercial opportunist, not a real activist or whistleblower.
> Do you think this should apply to, say, Snowden, Assange, and whistleblowers in general?
Or maybe even more generally to people like Jobs, Bezos, Zuckerberg, Buffet? Because maybe at some point enough should be enough?
> Do you think this should apply to, say, Snowden, Assange, and whistleblowers in general?
I don't think it's a relevant comparison, but I do think that particular suggestion should apply to them. Imo a fundamental component of "succeeding" in Western culture is in how quickly you learn which parts of which systems act on perverse incentives or actively against the good of the people, and subsequently being able read the room when there's an opportunity to play hero; sticking your neck out might earn you a smily face sticker next to your obituary, but more likely it'll end up screwing you, and it's naive and/or arrogant to think that this time will be different and you'll singlehandedly rid the ocean of pollution (metaphorically). Realizing that you can't rid the ocean of pollution doesn't mean you should start dumping more trash into it, and it doesn't mean you shouldn't do your civic duty to reduce your personal waste, but it does mean you have to set your ego aside for your own benefit, because in practice and in all likelihood you'll make practically zero or even very negative difference, and put a real tangible target on your back, in whichever context this plays out.
Could be a safety meeting at your company in which you're just a peon and you feel like speaking up about a code violation, could be that you're a young Mr Beast employee that wants to vouch for their co-worker who's making less but doing more, or it could be that you want to make your company's website more accessible, in any case, unless you very clearly have the latitude to do so and control over the outcome, don't, because you'll screw yourself or someone else.
Drive as well as you can in your lane, whatever that means to you, and if you don't like it, signal and change lanes, then do it again.
This also means not overexerting oneself on things that require real tangible sacrifice but have only tenuous, nebulous, or only marginally more financially beneficial outcomes. Don't sacrifice too much time alone or with your partner or family or in nature for shipping yet another arbitrary AI SaaS bs product that will disappear in a week, pick the relevant battles and demand am important outcome, we don't have enough time to squander on such asinine missions. Again, that doesn't mean don't do work, or earn money, or help others, or whatever, just be careful how much of your life you trade for some 1s and 0s.
No, you make tools which are easily copied and spread which disempower states and groups and instead empower individuals to act unimpeded. You make tools which make it impossible to enforce copyright or any other state imperative because everybody has the tools needed to neutralize the group attempting to use force.
The correct answer is to formulate software and memes (human software) which act as viruses which infect the local carriers of the overall social operating system (in America it is some flavor of American Westernism), turning the original operating system non-functional (Bezmenov's demoralization), and steamroll the reigning technocratic elite off top the tiger and install yourselves, or your StateDAO, or whatever.
When the system is going to take at least a decade, that should be treated as a pending life sentence or execution, and I admire anyone who fights it to the death even. Just don't go in, get housed in concrete, work for $0.68/hour they deduct 75% for housing from and then sell you bricks of Ramen for $1, while dodging shivs from behind. At that point it is too late to act to defend yourself!
You need a year of this treatment if you disagree with me!
When the internet was even younger, and he called himself Kimble, he sold out other pirates to save his own ass.
His attitude is of a selfish and greedy person. Nothing to be admired.
he always had this and has always been selling snake oil. He might gotten some clout with mega but he always has been a charlatan.
I think enough time has passed that I can say this openly: I worked for an ad network that was used by MegaUpload. Most of the traffic from his site was fraudulent bot traffic. Mysterious advertisers would repeatedly rebuy ad placements that were clearly not generating any returns. There was definitely things that didn't add up to the point I would error on the side of believing the government on this one.
The fact that they did the hashing thing and kept the files locally really, incontrovertibly, proved they weren't deleting the files themselves when a notice went out. And that they were aware the hashed file was given a DMCA notice. This one little thing, probably to save bandwidth (and convivence for the end user of course; though outside of Linux ISOs there's little question what kind of files people are sharing), screwed him.
Anyway, #freeRossUlbricht (Yes I know he tried to make a hit out and a lot of people died from drugs he enabled to be sold, but the hit never happened and the drug users were consenting adults.) A life sentence is insane. 20 years? OK. Life? Heck he rejected a plea deal that would've given him 10... bet he regrets that now.
Worse, while MegaUpload followed the letter of the law by doing removals of content that was reported as pirated they fell afoul of the law by stringently going after child pornographers and a court decided they can do that then they could do the same for piracy. So, they followed the law but, in their case, now the law is something entirely different and unexpected.
You could ask the same question about the Hollywood studios that were built on evading patents.
What he did was clearly illegal - because the studios make the laws.
Why not both?
Which of course explains their allure and the desire to retroactively improve their origin stories. They stand precisely in the face of what the OP himself retroactively considers.
> "I think it's clear for everybody that one cannot get away with this kind of stuff, once governments get involved."
Which is the mantra of the bullied. As if we aren't the government. When precisely did we all decide that copyright should exist for a term of life PLUS 70 years? The government does not seek our permission when applying these laws to us yet we have to implicitly sacrifice our freedoms in order to blithely comply with it?
And we all know that the problems with these individuals is not that they committed these crimes, it's that they explicitly called into question this very authority in the first place. That the government then uses this as further justification to destroy these individuals lives, permanently destroy their liberty, and broadcast a chilling effect over anyone who would ever attempt to improve these policies is what inspires people to lionize these figures.
Russia or China wouldn't have extradited him.
Also, he'd probably live a peaceful, wonderful life had he not flexed and talked shit on Twitter so much.
Humanist values include right to property ownership, and the right to get the benefits of your work. Artists deserve that, and can sell their rights to big studios if they want.
Just because it's easy to copy something, or just because studio execs were idiots who wouldn't get on board with streaming, or whatever else, doesn't mean it's morally right to copy someone's work for free.
> Schmitz was arrested in March 1994 for selling stolen phone numbers and held in custody for a month. He was arrested again in 1998 on more hacking charges and convicted of 11 counts of computer fraud and 10 counts of data espionage. He was given a two-year suspended sentence; the judge of the case described Schmitz's actions as "youthful foolishness".
> In 2001, Schmitz bought €375,000 worth of shares of the nearly bankrupt company Letsbuyit.com and subsequently announced his intention to invest €50 million in the company.The announcement caused the share value of Letsbuyit.com to jump,resulting in a €1.5 million profit for Schmitz.
Also, that he used many of these things to enrich himself and live a lavish lifestyle does not exactly make him more likeable to me.
This is just _dumb money_. Also I dont see how this is different to many crypto marketeers today.
I like this. Us internet boomers got to learn and get everything for free. The new kids coming in are paywalled to hell :)
they have no business going after just a single man so fervently, he's a foreign national and the websites weren't based in the US
Also what he was doing is also a crime in NZ otherwise he wouldn't be extradited.
That is how Dotcom wants it characterized. Everyone else sees a fly-by-night website run by an eccentric millionaire making money by playing fast and loose with the law. It is one thing to be an outlaw subverting oppression by distributing free bread to poor people. It is another to be a bootlegger selling vodka under the table and then throwing huge invite-only parties with the profits.
I'm far more concerned with the stuff that governments get away with, including infringement of the freedom to share information.
How on earth are you labeling the people persistent to a fault "superficial"???
I think there is business "harm" to piracy, but it's (mostly) vastly overstated. If I illegally download a song/movie I wouldn't have otherwise bought, did anybody lose out? There was a reason Napster was popular in colleges, because many of those people were cash poor. Music industry revenue peaked in 2000 at $21B and went down to ~$7B in 2015 before steadily growing again. Also, the entertainment industry are not multi-trillion dollar conglomerates. Not even close. Disney is worth $160B and Netflix is $260B.
That being said, if it were up to the music industry we'd still be paying the inflation adjusted equivalent of $20 for an album we only like one song on and we wouldn't be able to create out own playlists. You can only fight the consumer for so long (and they fought long and hard). That's to say nothing about the morality of repeatedly increasing copyright from 14 years to life plus 70 (which is BS). The Beatles' great great grandchildren (or whoever owns the rights later on) shouldn't still be benefiting from intellectual property.
> Moving heaven and earth to extract a citizen from another country using the power of the state, and drag him before their feet is tyrannical.
This is what rule of law is. KDC knew he was breaking the law and not only didn't do anything about it, but invested in an encouraged it to benefit himself financially. Even after being charged and having megaupload shut down, he then tried again. Do you really feel sorry for him?
You might object this evidence by telling me that you bought all seasons of House only because you had been streaming it illegally before, and that you wouldn't have done so without previously streaming it – but in most jurisdictions, this kind of "business procurement" does not cancel out the harm done in the first case.
Anyways, the burden to disprove the harm done through me not buying it is on you.
https://www.statista.com/chart/17244/us-music-revenue-by-for...
It is an industry that employs real people from artists to studio engineers to musical instrument and equipment companies to the bartenders at the venues. Those people are sharing a smaller pie than they used to before Internet piracy devalued their music.
In your opinion it's tyrannical. Sure, most certainly a non-violent crime against a wealthy corporation isn't on the same level as murder or assault. At the same time, copyright infringement is conceptually not that different from property crime.
You would want the police to arrest someone who broke into your home and stole your movie collection.
You wouldn't want to spend a year writing code for your micro-SaaS product and then have a hacker breach your infrastructure, steal your work and sell it on their own website.
It's really a grand piece of irony for software engineers that depend on enforceable copyright law to put food on their table to call this arrest tyranny. If nobody can go to jail or be fined for copyright infringement then I hate to say it but you are going to need to quit your job writing software and start driving a city bus or something.
Don't forget that Megaupload was specifically designed to enable piracy and discourage other uses of the technology. It wasn't a file storage service that could be used for legitimate personal use because unpopular downloads would be deleted. The company actually paid people via an incentive program to upload popular files that were copyright infringing. This wasn't just "YouTube is bad at playing whack-a-mole with DMCA claims," this was a company that was responsible for something like 4% of all Internet piracy all by itself and actively encouraged it.
It's not like they were a company that didn't have access to lawyers who could warn them not to do what they did. Kim deserves his fate because his own hubris invited it.
Not sure if you know this, but there are tens of thousands of people involved in making a movie or TV series. Many making minimum wage and many who own businesses that are employed by the studios like catering companies. Or transportation companies, or even all the companies who tech they use like the camera's they use to film said movies.
ALL of those people? Their employment DEPENDS on movie studio's and the work they do to keep them gainfully employed. When you pirate movies you're not taking money out of the faceless multi-trillion entertainment companies, you're taking money out of the people's pocket who are integral part of creating the movies and shows you watch and who's livelihood depends on their continued employment by those companies.
Take a studio like New Line who put out the Lord of the Rings movies and was wildly successful until a series of flops effectively closed the studio:
https://www.independent.co.uk/arts-entertainment/films/featu...
From 'Nightmare on Elm Street' to 'Lord of the Rings', New Line Cinema created some of Hollywood's most influential blockbusters. But now its 40-year history is in tatters following a string of big-budget box-office flops.
How do online communities discuss controversial subjects while ensuring good-faith participation?
I don’t think newcomers should be excluded from conversations…what’s the requirement; 12, 24, 48 months? Who determines that? Account age isn’t the best indicator of good-faith participation (accounts can be hacked, bought, etc.).
Instead engage with the content itself and where it comes from to determine if it seems to be in “good-faith”. Ironically, writing off someone’s opinion based on a single (potentially unrelated) fact is probably “bad-faith”.
From the guidelines:
> Please don't post insinuations about astroturfing, shilling, brigading, foreign agents, and the like. It degrades discussion and is usually mistaken. If you're worried about abuse, email hn@ycombinator.com and we'll look at the data.
Consider what things look like when you can't pirate. Many services now, like Claude, do not let you create password accounts, to make it less practicable to share a subscription. Apple News and Apple Arcade is totally impracticable to pirate.
Enforcing copyright violations is as much about how you feel about IP as it is about, whom do we permit to make money? It's a big part of why Apple is so fucking rich. Should only Apple be permitted to make real money? I don't think so.
Apple is rich because they've optimized the hell out of their supply chain and through some clever marketing have convinced (rightly or wrongly) people that it's somehow reasonable to charge $200 for 64GB flash storage upgrades on their devices that only cost them ~$20. They are probably the only company in the world that have consistently run 20%+ profit margins on selling hardware ALONE. Their services revenue from streaming and arcade are puny in comparison. Even throw in the cut they take from app store sales, compared to hardware it's relatively small.
I read this and din't quite understand the argument, but realized (if I understood) this is saying that if you are a content host, then you need a lot of resources to deal with copyright violations, so it's hard to compete against these hosts.
Safe harbor in the DMCA isn't perfect, but a world without safe harbor would be a world with a lot less freemium products, that's for sure.
How does that prevent sharing, you can just setup email forwarding with someone else you want to share the account.
>Revealing e-mails and other internal communications unsealed Thursday as part of a $1 billion lawsuit brought by Viacom show that many top Googlers — all the way up to co-founder Sergey Brin — were concerned about YouTube’s copyright piracy problems and how they could reflect badly on Google’s ethics.
>[...]
>Google executives — who previously had referred to YouTube as a “rogue enabler of content theft” whose “business model is completely sustained by pirated content” — nevertheless agreed to pay $1.65 billion to buy YouTube in 2006.
https://www.mercurynews.com/2010/03/18/google-executives-cal...
I don't think Kim ever paid content creators. Youtube is pushing probably $5 - $10 billion a year to them in cash plus serves as a promo / branding / ad vehicle (all the sponsored content or product placement stuff in music videos).
Youtube first broke through for me as the main form of sharing embedded music videos on forums and myspace so I always assume that's how most encountered it. A lot of these were probably pirated content too but pirated promotional content so a bit blurrier imo than Megaupload/megavideo
Kim dotcom didn't go to Stanford and have layers of contacts within the DoJ
In their desperate attempt to not lose a fight that's been going on for, what, 10 years? 15 years? They're increasingly looking like a child that cannot move on from a primary school sleight.
The US look like an ass because the law they're seemingly-autistically pursuing, is an ass.
Pragmatism has no place here, it would seem.
Also, downloading from Mega will get you a (partial at least) red flag from intelligence / law enforcement.
The Government has a duty to protect domestic industry from foreign threats, and throughout history, that isn't reserved to state actors.
Megaupload was a severe threat(*) to major American industries, and Kim Dotcom flagrantly ignored pressure from America to stop what it was doing. When that happens the Government gets to pick which of its heavy hammers to drop, and KDC is lucky it was just lawyers.
You have to look at this through the eyes of the government and how it conducts foreign policy, often over long spans of time, with the goals of expanding and defending American interests - which includes protecting industries.
(* was it? we'll never really know)
This is foreign policy, and the US has pursued control of copyright distribution, globally, for a very long time. Being from Australia, I remember the sense of disquiet as our copyright laws were modified as part of trade deals with the US. Many other nations (perhaps most?) have done the same (whether the law changes were pushed via the US directly or through UN related bodies is largely irrelevant). You combine that with the extremely tight coupling of large corporate bodies and the US government, and US foreign policy looks like authoritarianism.
So I agree that what we see with these extreme examples of “Kim dotcom” and “Assange” extraditions are part of a broader foreign policy strategy. Where I disagree with your post is the statement “American interests”. To me, the interests served are the conglomerate of political and corporate powers, which may be at odds with the average US citizen.
For the GP: part of (any) gov's power is what you refer to as "autistically" pursuing a case. A large org will never be nimble or fast enough to catch criminals in the act or immediately afterwards. It balances that slowness by inexorably pursuing criminals, sometimes at greater expense than the cost of the original crime.
Would be criminals should believe that they might execute a heist successfully, but that they will need to always keep running because the gov is doggedly pursuing.
None of what I am saying is specific to Kim Dotcom, just trying to highlight to GP how governments execute business.
All problems smooth away the moment some based brogrammer chad puts in a pull request on a clone of Hyphanet's Opennet (call it Onionnet), and just swap out all the IP address variables for .onion address variables and clean things up.
Literally. I might do it myself even and I hardly know how to terminate a C string! Nationstates are going to love me dicking with the code...
I think this would flag my entire generation, at least back in the 2000s.
(the opposite to the case this article is about)
Re: source. Hopefully I'm consistent, you can go back through my comment history. I was raided by the police a bit over two years ago. When I got my stuff back (8 months later, no charges) the lead detective said that there was evidence I'd downloaded things from Mega, and that this was "suspicious", amongst a couple of other things.
I got the feeling she thought I was still guilty and had somehow managed to get away with the distribution of which I was suspected (or it was some kind of retro justification for gross violation of my rights and she was taking a front foot stance to minimise the chances I'd see what legal avenues are available in such situations - turns out very few to none).
She specifically mentioned as suspicious:
- history of downloading from MEGA
- using virtual machines
- having "tor" installed.
Interesting combination of cluelessness (wait until they're introduced to containers!). MEGA somewhat stands out in that bunch, in that there are lots of similar services as far as I know. Makes me wonder if it's a honeypot (but maybe not, because then they'd know the only thing I downloaded from MEGA was android ROMs).
Other than being outspoken on certain topics online, my browsing history is as boring as the next guy's. So I really think they put some weight behind MEGA activity.
Ready your proximity Geiger counters, they're already on their way (bellies full)!
I'm not saying that this crime is on the same level, but Megaupload was at one time responsible for 4% of the entire Internet's piracy activity. And it wasn't a non-profit peer-to-peer file sharing community like The Pirate Bay or anything like that, it was a for-profit corporation directly profiting from stolen IP. Kim built himself a gigantic mansion off of other people's work.
And he certainly had the means and ability to consult with lawyers who almost certainly told him that what he was doing was incredibly risky.
I’d say, why not say that also for drug cartels? The only reasonable argument that comes to my mind is that some big cartel head might have local government influence, but that does not apply to Kim and New Zealand, right?
Another possible argument would be that the damage has been done elsewhere. But in the case of the dtug cartel, if there are victims in 20 countries that why would any third party have priority for enforcing their law?
He doesn't have US nationality and he was living most of his life in Germany and New Zealand.
We have copyright treaties signed by most nations. I think the copyright infringement crime shall be judged at the jurisdiction the suspect is living and committed the suspecting act.
It’s called the open internet.
Youtube is mentioned in the 2013 brief:
>b. According to the YouTube “Terms of Service,” users who upload content to YouTube retain all of their ownership rights in their content. By uploading their content to YouTube, however, such users grant YouTube a license to use, reproduce, and distribute such content. >
>c. In general, the further reproduction and distribution of videos that are taken from the Youtube.com platform violates the copyright of the individual who uploaded that video to Youtube.com.
It’s impossible to use a copyrighted work to train without making a copy of it.
This is one rule for corporations and another rule for individuals.
Additionally, there is often with little or no recourse when the latter are falsely accused.
Look and the frustration of YouTubers evoking DMCA takedowns for including 5 seconds of a commercial song accidentally.
Show me the money.
Amiga (never heard of him during my scene time), then his alleged mobile ISDN service, MEGA.
He seemed like the shady poster child for every trend who got stopped before jumping once more publicly on Crypto.
[0] https://venturebeat.com/games/kim-dotcom-modern-warfare-3/
then used those proceeds to launch his other businesses
I really enjoyed Megaupload & rapidshare those were almost as good as the WaReZ days if not better: direct links to any digital content without waiting for seeders
It's a shame. Arresting Dotcom won't do anything to curb piracy in fact it would raise the stakes even higher and more untraceable leading to more uncensored content that would be deemed "harmful"
Dotcom should've chosen Russia or China instead of NZ but obviously the quality of life isn't quite up to par with NZ. Russia dacha outside moscow would've been great for him without worries of US extradition.
https://www.justice.gov/sites/default/files/usao-edva/legacy...
> On or about February 13, 2007, ORTMANN sent an e-mail to VAN DER KOLK entitled “my concerns about the thumbnails table.” In the e-mail, ORTMANN asked VAN DER KOLK to create “a dummy lifetime premium user,” stating that “[t]his is very important to prevent the loss of source files due to expiration or abuse reports.”
The company was literally reposting copyrighted material under puppet accounts.
The only difference is the "we encrypt everything so we don't know what users upload" trick, which seems to have worked so far (and branding and stuff).
When MEGA launched Kim was well known enough where his new service got tracktion on it's own.
I’d argue Kim was too successful and too unlikeable at the end of the day, and that was probably his downfall. Toward the end, MEGA had transitioned to actually partnering with hip hop artists for distribution.
The US has a long history of IP rights holders criminalizing new business models / protecting current models in law, and then a fair amount shaking down and sorting out happening as new technology hits the scene, going back to radio. Each of these waves has led to push / pull between distributors, retailers, artists and song writers, and whether or not you like it, that’s the system we have today.
MEGA was too early and too tainted (and run by an aggressively weird / antagonistic dude) to become Spotify. But, it wasn’t the wrong model using tech of the time. It was too early, and too successful, without cutting in the existing rights holders properly.
The opposite also happens and you can see cases like this or Shkreli, Dotcom and others where they think being edgy on top of minor crimes will not get them in hot water because other people do worse but keep on the low down, but time and again you see these guys being made an example of, probably because a bunch of people dealing with their cases also start disliking them personally.
So I guess like, don't behave like an asshole generally, but specially if you're also committing crimes. Kinda like not breaking traffic laws if you have a dead body in the trunk.
You're referring to Megaupload, which is entirely different despite the name similarity.
I'd say it would be a a reasonable perspective if his case was being tried where the offences actually took place and/or where he was a citizen of and not a country who refuses to give the same rights to non-citizens being tried there compared to citizens[1] and wasn't even where the offense took place. This is absolutely chilling for anyone who isn't an US citizen honestly.
May be worth to compare the usual tactics of IP owning companies to what happened to Kim. I have a feeling that it could be shown that the kind of treatment he got was not very probable for a normal piracy case, even after accounting for his eccentric behabiour.
ALSO politically he was a failure but not so much that it was not worth paying attention to him as challenger of establishment. Even those normally ignorant of related topics but active in politics may have seen him as an agent eating their votes.
Megaupload was founded in 2005 and Spotify was founded in 2006, so it's unlikely that being too early was a factor.
He was not early or anything he was literally pushing pirated movies and TV shows
A road paver is a great thing to have, but if I rip a three-lane highway through my neighbor's back yard, you can be damn sure someone's going to try and stop me.
In a way that makes it much easier to argue against the idea that IP protects creators and not their pimps.
That's the killer, right there.
"existing rights holders" is a big deal, and one that has been ignored by tech bros for a long time.
As a [former] artist, and [former] musician, I can say that the tech industry has been cooking the Goose that Lays the Golden Eggs. The opportunity for individual financial and ego success is a huge driver for modern popular art culture (for better and for worse).
If we take that away, guess what happens?
No one wants to do it, anymore.
This may be an issue, with AI-generated creative content. Unless the AI is truly better than human talent (and "better" is in the eye of the beholder), it has the very real prospect of turning the commercial creative industry into gray goo.
[EDITED TO ADD] Watching the karma count on this post, yo-yoing up and down, has been fascinating. This seems to be an issue that people have very strong feelings about.
I also don't think you can be held responsible for what your users do with your service, especially if you are complying with DMCA requests.
They're shooting the postal service just because it bothered some powerful people.
This is happening because Media is a powerful lobby in the USA and Mega is a nobody.
Just another example of government corruption, move along.
Something tells me the extradition orders only work one way — if the US Government wants it.
Who knows. To be fair it took years and seems to have been given due process. But how much of it is “leaning on” the countries? Recently on his X interview with Musk, Trump bragged about “how quickly” he was able to use US leverage to extradite people they wanted, from LATAM countries! And everyone was like “right on!”
The raid at his NZ home was already taking it too far, IMO.
I do not think he's a criminal. A big (massive, maybe) fine should have been more than enough.
>>I do not think he's a criminal "He was arrested in 1994 for trafficking in stolen phone calling card numbers. He was convicted on eleven charges of computer fraud, ten charges of data espionage and various other charges in 1998 that he served a two-year suspended sentence for.[7] In 2003, he was deported to Germany where he pleaded guilty to embezzlement in November 2003 and after five months in jail awaiting trial he received another 20 months suspended sentence" (From Wiki)
>>The raid at his NZ home was already taking it too far, IMO. Yeah it was over the top, but he had firearms on the property and bodygaurds....
I'm with you that he should have just been fined, but he made a tremendous amount of money very deliberately (despite his protestations) trafficking illeagaly in Warez, I geniunely think the US is right to go after and nail him.
As a New Zealander, our government should be far more judicous about who it grants visa's to - he should have prima facae been refused his original visa on the basis of his prior convictions (I am sure there is a good story about why this was (incorrectly) overlooked by NZ officials). This ultimately is not a problem of New Zealands government/judicial system making, they have very fairly given Kim every chance to appeal and hear his side of the story - whilst he engages in games of attempted political manipulation for his own aim. The chickens must come home to roost at some point.
IMO I dont think Kim deserves the publics sympathy, the shield of New Zealand residency or that he is a good faith operator.
I should have added "in the context of this lawsuit". An edit now would be disingenuous.
I guess one lesson from this is that running out of .COM domain names is not a bad thing, because it reduces the grip the American empire has on the internet.
The US government is so powerful, they are the only country that enforces a draconian global taxation scheme on any citizen or person who has ever held a US green card, even after they permanently leave the country. The US treasury will withhold the ability to transact in US Dollars from any country that does not report the holdings of US-adjacent persons every single year.
If you think you're out of reach of a country that treats their own citizens as criminals by default the minute they leave the country, I have some swamp land in Florida to sell you.
"Megaupload is based in Hong Kong, but some of the alleged pirated content was hosted on leased servers in Ashburn, Va., which gave federal authorities jurisdiction, the indictment said." - Jun 25, 2012
https://www.cbc.ca/news/science/internet-file-sharing-giant-...
You are definitely misremembering and spreading FUD backed by your biases.
He was hosting illegal material on servers geolocated inside the US. I'm sure if someone were producing and distributing illegal material (let's use the extreme example: child pornography, for instance) on NZ servers and networks, NZers would want to see them extradited.
It has nothing to do with "imperialism".
Are any candidates actually against this farce? Or are they all simply working for the companies behind this?
To explain why, we must keep in mind that all states are in a perpetual crisis of legibility. They have more force than anyone knows what to do with, while having no idea of what happens in their territory or whom to use that force on. To make matters worse, most democratic states - and nearly all states in the Anglosphere - have been constitutionally handcuffed to restrict their investigatory powers. This is an existential threat to the state, and so the state will take any chance it can get to impose legibility upon the people by force, lest the state be replaced with something worse.
I've worded the above like some kind of conspiracy theory, so let's remember exactly who we're talking about: the "I'm-just-doing-my-job" types. If your job is to investigate crime, then the 4th Amendment is an annoying hurdle you have to think about constantly. But it's not a high hurdle to jump over because most criminals are profoundly stupid. Drug kingpins are more of a problem, however. Organized crime is the criminal equivalent of an MLM, so you can pick off a bunch of idiots at the exterior, but not people running the organization. This is where law enforcement gets creative, weaponizing things like tax law and - yes, civil forfeiture - to cut at the root.
The pattern of how democratic states deal with limitations on their power that prove inconvenient is simple: they cheat. Or at least, they cheat the spirit of the law, if not the letter. For example, if your job is to investigate foreign threats to the country, you're not fighting criminals. You're fighting the Borg[0] - an existential threat that learns from and adapts to everything you do, even the successes. For the CIA/NSA, having to get a warrant is like running a marathon while having both hands tied around your back and wearing a pair of cement shoes.
Data brokers are the perfect workaround. They built the perfect panopticon and used social engineering to get people to consent to it. The CIA and NSA buys shittons of their data and mines it to find threats to the state because it's significantly easier and less complicated than getting specific warrants to collect specific data.
Those abusive copyright laws that keep shit out of the public domain? Those were payments made to Hollywood in exchange for positive propaganda. Here, we're working around the 1st Amendment, not the 4th. The US government can't legally compel Hollywood to make propaganda, nor can they prohibit Hollywood from making movies that denigrate US actions. But they can still pay Hollywood to make propaganda[1], they'll downplay the critical movies to save face, and even if they don't, it'll make America look like they're aware of and fixing problems they have no interest in fixing. So when the US government treats a storage platform for stolen songs as an existential threat, it is specifically because they are fulfilling their end of a deal with Hollywood.
But there's a catch. Those constitutional restrictions were put in there for a reason. If the CIA can buy data from data brokers, than so can China's MSS. American lawmakers are so irrationally afraid of TikTok because China figured out how to use the CIA's own weapons against it. The government's defense of the TikTok ban is page after page of redactions. They can't publicly say they know TikTok is a Chinese intelligence asset without telling the judge enough information to blow the cover of every CIA agent in China, but the black highlighter[2] itself is an admission.
Same with the anticompetitive actions. The late 90s saw the US government bring the hammer down hard on the tech industry[3], and then suddenly stop. Why? Simple - the tech oligopoly became useful to American interests and so was given a pass, to the chagrin of America's other sweetheart, Hollywood. Politicians only realized how much power had been actually ceded to big tech by accident. Social media made the mistake of ceding power to Donald Trump, who used it to run for president legitimately, lost a re-election campaign, and then attempted a feeble self-coup. Twitter and every other tech company rightfully shut him down, but this exposed how much power they really had been given in the political process. And then Elon Musk bought Twitter in a vain attempt to restore Donald Trump's influence[4], ensuring that the concern over Big Tech would be bipartisan.
I still can't point you to a politician to vote for, but I can at least point you to an ideology and a person who talks about it: the New Brandeis movement[5] and Cory Doctorow specifically. Louis Rossmann is also a good option if Cory is too left-wing for your taste. Lina Khan is a huge figure in neo-Brandeis and she runs the FTC now, which is why the FTC has been trying to do its job again[6]. I single out antitrust here as it is the enabler of all the other abuses I've detailed above. You need economic centralization in order to get perfectly funded propaganda machines or privatized spying and censorship.
[0] I hope Star Trek is still culturally relevant enough for this reference to land correctly.
[1] https://www.youtube.com/watch?v=IM2VIKfaY0Y
[2] https://www.theonion.com/cia-realizes-its-been-using-black-h...
[3] Examples include the antitrust actions against Microsoft, the copyright actions against Napster and Grokster, and various legislative attempts to either force computer manufacturers to include copy protection hardware or force online services to have upload filters for copyright.
[4] This is an after-the-fact justification; at the time Musk was high off Tesla's stock price and bought Twitter basically in the same way one buys a bunch of shit they don't need off Amazon at 3 in the morning.
[5] https://en.wikipedia.org/wiki/New_Brandeis_movement
[6] And let us hope to $DEITY that she succeeds, lest we find ourselves living in South Korea.
the obedient US colony in the South Pacific just decided
to extradite me for what users uploaded to Megaupload"
See Wikipedia: https://en.wikipedia.org/wiki/Megaupload_legal_case#Basis_of...He paved the way for streaming and digital distribution of media. Megavideo in particular had the highest encoding rates possible at the time, even superior to YouTube.
In a world where opportunity costs exist, as they do for law enforcement, this makes sense?
I expect different treatment for Pablo Escobar / Chapo level drug dealers vs a guy who gave some of his weed to a buddy of his for some cash and later bought a pizza with it.
They are both technically drug dealers, just one a bit more successful than the other.
Success even when obtained with some illegality is fine so long as it plays well with the interests of elites. Kim didn't just break the law, he also painted himself a target by upsetting people with power.
For all of his flaws, I think where I'd give someone like SBF a significant amount of credit is that he understood very well that if he wanted to do dodgy things he had to remain on the right side of those in power.
Kim hasn't played the game right. Had he tried to win friends from the start he may not be in the situation he's in now.
Nonsense. He has a criminal history going back to the early nineties.
And if Captain Kidd hadn’t managed to raid any ships, he would have avoided the whole unfortunate hanging business. It goes without saying that unsuccessful criminals mostly don’t get caught.
Asking, because his "plan" is very likely that. Some folks have been know to travel in boxes inside a container [1]
All of the anglosphere is clearly not a good destination choice as they are basically all vassal states.
Russia does not look to hot right now either, and the PKR is basically not an option for a very long list of reason.
China ?
Any other suggestions ?
Asking for a friend.
With some 'diplomacy', Julian Assange was brought home after near 15 years fighting for BS extradition charges.
The news and politicians in Australia follow almost lock step with whatever our US overlords allow us to say.
It's been more of a thing lately with them trying to secure the pacific away from China's sphere of influence and the biggest 'dumb' thing from our government is that silly submarine deal (under something called AUKUS) which is about as good as our F-35 jets purchased (totally useless IMO).
There's probably some bootlickers in NZ trying to gain political favour / power by brown-nosing with the US of A.
Fox News is an Australian product built to flood the US with far-right, pro-business outrage. We'll get out of your lane once you get out of ours.
All kidding aside, describing these sorts of things in terms of national influence is extremely unproductive. New Zealand wouldn't be turning itself into a pro-commercial-pirate haven or anticopyright haven but for the influence of the US[1]. The question regarding extradition is not "should we consider what Kim Dotcom did to be a crime[0]" but "do we abduct him to another jurisdiction to face trial." It's bikeshedding over the color of the wood on the electric chair.
[0] In general, extradition treaties only apply for acts that are crimes in both jurisdictions.
[1] Even China's pro-copyright, they just don't want to pay America for any of it. If they were anti-copyright they'd be freely sharing all the "IP" they keep stealing.
Australia and New Zealand have extradition treaties with dozens of countries, it's not just a US thing.
You got our attention by filling all our streaming channels with your shows.
As is common in the international film and television sector, a key driver of Australia’s ongoing production upswing came from an enhancement to its incentive schemes.
In July, the country’s national government increased the location offset program in its annual budget from 16.5 percent to 30 percent. Thanks to those changes, films spending at least A$20 million dollars (about $13 million U.S. dollars) in the country can claim back 30 percent of all expenditures on goods and services upon completion of the project.
Previously, it often was [already] possible for especially savvy producers to add to the guaranteed 16.5 percent offset and bring total support to 30 percent by cobbling together prior grant schemes — but the increases introduced last year provided global producers with a much-needed sense of ease and surety.
https://www.hollywoodreporter.com/movies/movie-news/planet-o...
Look at Sky News Australia, literally all they talk about is US politics.
My theory is that as US focus shifts to East Asia, Australia is being groomed as a proxy state. Not as a deliberate effort, just as a consequence of a lot of different things coalescing.
It's kind of interesting to see.
No you’re not. You’re seeing more TikTok influence but not US influence.
Not an expert, but my guess is that there is (probably valid) concern about China. "The enemy of my enemy is my friend" and all that.
Some of the misconduct in this case includes but is not limited to:
- Abusing the power of a national security agency to illegally spy on him, which lead to the Prime Minister being forced to publicly apologizing due to the political fallout.
- Attempting to freeze his defense funds
- Performing a no knock raid utilizing a heavily armed anti-terrorism task force for a non-violent crime, which lead to the department being successfully sued by all parties for excessive force.
- Performing an illegal search by intentionally and knowingly filling out an improper warrant, and having had the crown admit this.
- Sending the evidence ruled to be illegally obtained to the FBI regardless
- Allowing a foreign government to maliciously apply to revoke someone's bail the day they can no longer afford their lawyer
- Already ruling that under New Zealand law you cannot be extradited for copyright infringement, but proceeding with the case regardless for the more flimsy fraud charges.
Kim is a bad person who very likely is guilty, but at what point do we draw a line and say the abuse of process has been so great it harms the reputation of the legal system to proceed? Cases are routinely completely thrown out for much less. It's frankly a travesty towards the legal system that this case has been allowed to continue, especially given the charges.
Additionally he's now a conspiracy theorist and Russian shill. He just spouts incorrect stuff on his Twitter every day.
Orders of magnitude are a thing.
Like Reddit, HN has a crowd of anti-US folks with terrible sentiment until, you know, when they need the US or need a job in the U.S. The hypocrisy is astounding.
This bit is standard, trope-style make-believe.
However:
> ... paying users [...], which generated more than $175 million in revenue for the [Kim Dotcom's Megaupload] website.
.. if they can prove that bit, it's a much more damning case.
Not the usual hand-wavey 'We were banking on several thousand dollars of revenue from each of the 12yo's we're going after' claims, but actual, demonstrable, revenue that was misdirected.
I wish the 6th amendment meant more.
I understand when leaders in politics or industry make these character-assasination attacks as they do it for their own interests (political or economical) but why do you do it? Why would normal people throw baseless accusations like this? What is your motivation? What skin do you have in this game? Is your argument really "Kim Dotcom is an agent because he is opposing the ethnic cleansing of Palestinians and he is against a forever war in Ukraine"?
He is presumably some guy that youve never met that happens to be fighting against the US government and its copyright laws so why are you making these comments? Are you so passionate about copyrights because you are an artist that has lost money because of mega? What motivates you?
Is everyone you don't like a Russian spy?
It appears very similar to the treatment of Ross Ulbricht, Assange, maybe even Snowden?
These are the equivalent of white collar crimes (typical massive frauds from the finance sector, etc) but they are getting a blue collar punishment of decades in jail that a successful and persistent street drug dealer could receive, NOT the few years in comfort camp prison that white collar frauds usually get.
https://en.wikipedia.org/wiki/Ross_Ulbricht#Murder-for-hire_...
You can be a drug dealer that doesn’t hurt anybody.
Through the 2000s and 2010s, legislators (and by extension LEO agencies) were extremely responsive to whims of copyright lobbyists. ex: ICE agents patrolling events for locals selling knock-off goods.
It was so pervasive, news orgs noticed it - and even covered some non-sensational incidents. Though I don't recall journalists ever following the money.
Seems to be pretty much how the US government operates on these high profile tech cases. They are going to turn you into a martyr.
Ross is a great example of this. He received a double life sentence + 40 years + no chance of parole. By comparison, El Chapo, a dude who most certainly ordered the deaths of many and imported billions of dollars of drugs, only got a SINGLE life sentence + no chance of parole.
That is not justice, its a message.
Street dealers as well: not belong to "them".
See how Epstein was punished in 2008:
https://en.wikipedia.org/wiki/Jeffrey_Epstein#Legal_proceedi...
"On June 30, 2008, after Epstein pleaded guilty to a state charge of procuring for prostitution a girl below age 18, he was sentenced to eighteen months in prison. While most convicted sex offenders in Florida are sent to state prison, Epstein was instead housed in a private wing of the Palm Beach County Stockade and [...] allowed to leave the jail on "work release" for up to twelve hours a day, six days a week."
That's for a horrible crime. Not for allowing people to copy some audio and video files for entertainment purpose.
He was one of "them".
It's been profitable for the US agencies that stole millions for KDC
https://www.techdirt.com/2015/03/27/how-us-government-legall...
Assange and Snowden especially, who revealed to the public crimes perpetrated by agents of the US federal govt.
Illegally, extra-judicially. Although it was mainly NZ authorities who overstepped their bounds by allowing it.
https://en.wikipedia.org/wiki/Viacom_International_Inc._v._Y....
To this day, rights-holders don't even have to take legal action or issue a formal DMCA takedown to have videos taken down or siphon off the profits of those who use their content. It is even automated.
Can you elaborate? Is there concrete evidence of this or just a general feeling that it must have happened?
But now we're moving away from physical media, we're fast moving to a world where all you can even "own" legally is a DRM laden copy that can be revoked at any moment by the digital store front providing it. Your windows 11 upgrade requires hardware TPM (a form of hardware DRM that everyone used to really fear) chip support to even install.
And this seems to be the world the hacker news what and tech crowd really wants. I personally miss the old mid 2000's slashdot days when everyone knew better. I haven't changed -- they changed.
The real trend on HN is low-effort comments like this that generalize about HN. How about making an actual argument defending Kim Dotcom?
> Top comment reads something like "Yea but maybe its time to call it quits" ... Shame.
But ... what happens to your point when your comment becomes top-voted like it is now? Is HN redeemed because apparently everybody on HN agrees with you that HN is terrible?
> US Industrial Complex
At this point I wish Eisenhower hadn't coined the famous phrase. Everything gets called some variation of Foo/Bar Industrial Complex which sounds smart and describes nothing.
There is something about treating the RIAA as the scary internet boggy man in 2024 that just seems so quaint.
Hacker News of all places! Never would have expected a website created by a billionaire venture capitalist to lean into intellectual property absolutism. Completely out of character for venture capitalist community to bend the knee to industry associations.
Lately, as other pointed out, he's been a ccp/russian/who knows shill.
He did some interesting things, some not legal - others served their time he wandered off rather than trial.
I am reminded of Eban Moglen's "dot-communist manifesto" of 2003, worth a read:
https://moglen.law.columbia.edu/publications/dcm.html
There's also the matter of the USA being able to enforce its legal norms on people living in other countries, via instruments like extradition but also sanctions for less-friendly world states.
Basically, this is a win for big money interests and the powerful in the US. It was only a matter of time before New Zealand caved. Meanwhile the US has become a banana republic as demonstrated by the lawfare being waged against the Republican party and it's leading candidate for the presidential election.
For those supporting this change in position by New Zealand, when this erosion of rights used against you remember that you reap what you sow.