Two men who helped run the once wildly popular pirating website Megaupload have each been sentenced by a New Zealand court to more than two years in prison. The sentencing of Mathias Ortmann and Bram van der Kolk ended an 11-year legal battle by the men to avoid extradition to the United States on more serious charges that included racketeering. The sentencing came after the men struck a deal last year with prosecutors from New Zealand and the U.S. Kim Dotcom, the founder of Megaupload, is continuing to fight the U.S. charges and threat of extradition. He has said he expects his former colleagues to testify against him as part of the deal they struck.
Even in the US there’s no law against hosting encrypted files. They could be liable if they knew a specific file was illegal/pirated and didn’t take it down but a recent SCOTUS case (think it was Twitter v Taamneh) set the precedent that general knowledge of illegal activity is not enough.
Thank you for that reference! I did think it was a poor reasoning for US to say “you’re distributing pirated material” versus their response of “it’s the users who are distributing it”. I’ll look more into the SCOTUS case
I was always wondering why this isn’t an obvious “gotchya” for pirated content. Wouldn’t even a very simple encryption make it impossible to prove that the content being shared is copyrighted/illegal? After all, there could be anything in these bytes?
I don’t think the original MegaUpload site hosted encrypted files, at least not in a zero-knowledge way. They also encouraged users to do things like upload their entire music libraries and had a searchable database of them called Megabox. They weren’t just a file hosting provider, they were in many instances encouraging their users to upload pirated content and had all of the tools to see what was being uploaded and what was infringing.