It's been less than a week since Megaupload founder Kim Dotcom was arrested and the file-sharing site seized, and we've already seen a wave of reaction, with one competitor disabling its own sharing functionality and hacker group Anonymous attacking the RIAA, Universal Music Group, and others. Now it's time for the PR battle, with attorneys from RapidShare and Megaupload using comparisons to services like iCloud and YouTube to defend their respective sites in two recent interviews.
Speaking with Fast Company, RapidShare's Daniel Raimer points out that the basic technology of uploading and downloading a file is the same for RapidShare and Megaupload as it is for Dropbox or Apple's iCloud. File sharing isn't the problem, he says; it's the business motivation behind it that's a cause for concern, and that's where RapidShare is in the clear. "The main difference is, what exactly is your business model? Are you aiding piracy? Is your intent to make money by attracting pirates and getting attention from copyright pirates?" Touting RapidShare's repeat-infringement policy and quick response to copyright violaitons as proof of its anti-piracy bona fides, he makes a point of saying that the company is "definitely aiming for legitimate use," even while acknowledging that RapidShare is "facing more illegal content than others."
Megaupload's US attorney Ira Rothken strikes a different tone in an interview with Ars Technica, decrying the use of force in Dotcom's arrest and implying that the government did not go through proper channels when dealing with the site. He suggests a DMCA takedown notice followed by a civil suit would have been the correct course of action, pointing to Viacom's lawsuit against YouTube as a reference point. "Whatever allegations that they can make against Megaupload they could have made against YouTube," he said. Of course, in recent years YouTube has implemented extensive audio and video fingerprinting to help protect copyrighted material.
With public sentiment having had such a tremendous impact on the recent debate over SOPA and PIPA, we imagine we'll be seeing more of this type of jockeying for popular opinion in the coming months. As for Megaupload founder Kim Dotcom himself, his legal travails are just beginning.

There are 21 Comments. Add yours.
I heard the arrests and take down of Megaupload was primarily due to pressure from the music industry on their purchased government officials to bring them down now as Megaupload was looking to start a music marketplace but where artists get 90% of their music sales?
Posted on Jan 25, 2012 | 4:05 AM EST reply Recommend (8) Flag actions
Ahh, an Amazon/iTunes competitor then? I’m sure the labels were shaking.
Posted on Jan 25, 2012 | 5:43 AM EST reply Recommend Flag actions
That would be funny because the most striking copyright violations I noticed are the thousands of movies and TV shows they distribute illegally.
Posted on Jan 25, 2012 | 5:51 AM EST reply Recommend (2) Flag actions
Unlike YouTube, right?
Posted on Jan 25, 2012 | 9:46 AM EST via mobile reply Recommend Flag actions
YouTube has measures in place to prevent uploading of copyrighted works, and actively pays owners of copyrighted works if they so choose.
Posted on Jan 25, 2012 | 10:48 AM EST reply Recommend (3) Flag actions
As does Megaupload. They have report this link and actively take down reported links from what I have seen. They also have methods and partnerships that allow you to make a commission or free premium services from having people pay for better service for your content. The question is if the report and take down process is enough to show a good faith effort to combat IP violations and copyright violations. Everyone that says this is a clear cut case on either side of the argument has no idea what they are talking about.
Posted on Jan 25, 2012 | 5:25 PM EST reply Recommend Flag actions
From what I understand Megaupload didn’t pay the original creator of the content, but whomever uploaded it.
Posted on Jan 25, 2012 | 8:35 PM EST reply Recommend Flag actions
I also Watch Philip DeFranco Show!
Posted on Jan 25, 2012 | 7:47 AM EST reply Recommend Flag actions
tiz good :) a pit his new sourcefed channel with 2min clips blows imo. Could be something in time if evolded to say a 30minute weekly roundup/opinion show.
Posted on Jan 25, 2012 | 7:59 AM EST reply Recommend Flag actions
Not only that but also another service where musicians could offer their music for free, and then MegaUpload were going to pay them for it.
Posted on Jan 25, 2012 | 8:55 AM EST reply Recommend Flag actions
“were going to”
Right. “I was going to put it back you know?”
Posted on Jan 30, 2012 | 10:43 PM EST reply Recommend Flag actions
I’ve heard that story. I also read the first 25 pages of the DoJ’s reasons for shutting it down (the parts before they go and list the actual charges). Their case actually makes sense and seems justified compared to the whole music competitor thing, since they were monitoring this for a year to two years now.
Posted on Jan 25, 2012 | 9:08 AM EST reply Recommend Flag actions
You just can’t mess with the internet.
Posted on Jan 25, 2012 | 4:11 AM EST via mobile reply Recommend Flag actions
Not just Filesonic that closed, Fileserve, uploaded.to, filepost, filejungle, and a few others have made the same move to allowing users to only download what they upload.
Posted on Jan 25, 2012 | 6:41 AM EST reply Recommend Flag actions
Or they simply blocked US IP addresses and the related countries in the MU crackdown.
Posted on Jan 25, 2012 | 7:08 AM EST reply Recommend Flag actions
No… Public sharing on a BUNCH of these sites has been switched off completely. If you didn’t upload it you don’t download it anymore.
Posted on Jan 25, 2012 | 8:28 AM EST reply Recommend Flag actions
The quick and speedy takedown of Megaupload pretty much proves, beyond a shadow of a doubt, that we don’t need SOPA legislation to control piracy. The justice department did just fine using existing laws and methods. I’m glad they so clearly made this example at just the right time. Way to go!
Posted on Jan 25, 2012 | 7:35 AM EST reply Recommend (1) Flag actions
It’s almost as though the feds chose this moment to take down Mega as a statement saying “See? We don’t need SOPA, we’ll do it anyway.” To which the rest of the US replied: “That’s exactly what we’ve been trying to tell you!”
Posted on Jan 25, 2012 | 9:49 AM EST reply Recommend Flag actions
Great, they’re going to pull the rest of the internet down with them…
Posted on Jan 25, 2012 | 9:59 AM EST reply Recommend Flag actions
Miss megaupload. As someone who watches a lot of fansubed Anime and an avid Android ROM updater MegaUpload and the like is a godsend since Dropbox and others will kill your distribution within an hour of a 120 MB cooked CM9 rom goes live or after the first thousand people grab a several dozen Meg timed sub file.
Unless the government can PROVE that they were ignoring legit DMCA takedown requests I dont see how they are any different from Youtube, Dropbox, MobileMe, ISP storage sites, etc, etc. This is the same argument against VHS back in the days, the question is if there are legit legal and fair use… err… uses for the service and the answer is yes. So all that remains is the DMCA take-down previsions.
God, cant believe I am half-defending a jerk like KimDotCom. x.x
Posted on Jan 25, 2012 | 5:22 PM EST reply Recommend Flag actions
VHS was allowed because timeshifting programmes was considered fair use. YouTube, Dropbox and others DO NOT CHARGE users for unlimited access. Neither do they have an affiliate scheme which rewards people who upload popular files or get others to subscribe to premium plans. I believe there are emails that prove MegaUpload owners knew their affiliate schemes targeted those who traded in copyrighted files, too.
YouTube has a robust content filter and they quickly take down copyrighted files and ban repeat offenders. In addition they give genuine content providers a revenue stream.
The government would not have spent so much time and effort in apprehending DotCom and others if they didn’t have what they considered to be a very strong case.
Posted on Jan 25, 2012 | 8:00 PM EST reply Recommend Flag actions
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