The issue is not whether or not Megaupload was full of pirated content but whether or not the owners of those servers had the capacity to monitor their own resources.
Theoretically if someone uploads pirated content onto their server - it's on their server and it's their business. Practically they're offering a service and they can't exactly check what files a person puts online as they still own them, the least they deserve is privacy. Even public uploads can't be monitored due to the exact same reason.
It's like suing an owner of a hotel because some of the guests used drugs in their private rooms and holding the owner liable for facilitating drug distribution. After all, it all happened under his roof, right? Wrong - that's idiotic right there.
The only way Megaupload could actually legally check the files was when someone filled a report or demanded removal.
*snip* Also how the hell does the FBI shut down an INTERNATIONAL site?!
Yeah, I've been wondering the same thing since the whole shutdown stuff started. Does anyone know what stupid argument the FBI used??
The problem is, many music studios and video studios from USA seen that they were losing money due to piracy, and Megaupload was one of the most used sites for piracy.
Even if they provide a free service, they are infriging copyrights, of USA enterprises, so the hotel comparison is not valid.
If you commit a crime in other country, you will be penalized by the laws of that country.
With this, it's the same, they are chained to USA laws.
The thing is, they used a lot of holes in USA law, making their service legal, USA can't arrest them or stop their service.
TPB is a different case, it's situaded in Swedden, and the normal laws doesn't work correcty there.
In Swedden, their banks do the money laundering, this is a crime in almost every country,
but they use that autonomy, so nobody can intervene in their business
USA usually ignore this right of the country's autonomy and invade them, and intervene in their politics, economy and culture, just to get their petroleum.
They don't have the right to do that, but there is noone that stand against USA.