US Case Against MegaUpload Weak

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MegaUpload is no more guilty of pirated content than Youtube and it seems the US Government is singling out MegaUpload. It can be proven that MegaUpload removes copyrighted material when reported to them. Just like Youtube, MegaUpload is protected by the Communications Decency Act.

The CDA provides that when a user writes and posts material on an “interactive website” such as MegaUpload, Youtube, AOL, Facebook, etc the site itself cannot be held legally responsible for the posted material. 47 U.S.C. § 230(c)(1) states, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Most of youtube’s content could be considered illegally pirated content.

In 2006, during Google’s effort to buy YouTube, Viacom says that Ethan Anderson, International Business Product Manager for Google Video, stated: “I can’t believe you’re recommending buying YouTube. . . . they’re 80% illegal pirated content.” Viacom sued Youtube and lost because of the Communications Decency Act.

This article in Wikipedia sites many examples of court cases which upheld website owner’s immunity for responsibility of copyrighted, pirated and even personal defamatory material posted by users and subscribers…

The Communications Decency Act is considered to be a “Loophole” by the Music and Film Industry which they were hoping to close by the passage of SOPA and PIPA.


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