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Are We All Pirates? (Part 3)

7/24/2012 11:40:54 AM

Megaupload  today, RapidShare tomorrow?

Description: http://thuvienwebmaster.com/images/stories/rapidshare.jpg

Megaupload  today, RapidShare tomorrow?

Even with the end of Megaupload, numerous amount of other file sharing sites still exist: sites where its legality is still being questioned, whose users must be feeling unsure now. "We are however only tracking such sites, which knowingly misuse legitimate technologies like file hosting, without possibly infringing the copyrights", explains Peter Carr, spokesperson for the district attorney's office for the US state of Virginia, who is also involved in the charges against Megaupload.

Nevertheless, quite a number of sites have reacted immediately: FileServe and FileSonic have deleted massive data and accounts, (one can still download a few files), and others like 4shared or file jungle have discontinued their premium services. Portals like MediaFire or RapidShare on the contrary are proceeding unchanged. Still, they do not offer any rewards for illegal copies and such files are deleted immediately the moment copyright holders file a report. Both the main accusations directed at Megaupload are therefore not applicable to RapidShare. In fact, these services are now profiting from the demise of Megaupload. According to a statement by Alexandra Zwingli, the CEO of RapidShare, RapidShare has already recorded a distinct increase in the number of users. Even Damian Schmidt, chief executive officer of the Strato AG, does not expect any consequences in the case of HiDrive, the online storage service as "the possibilities for file distribution are limited, like in the number of downloads and the validity of share links". An exploitation scenario such as Megaupload's is therefore is barred.

There are small distinctions that differentiate these offers from the illegal ones and these could turn into standards in the future for other file hosters. Among these is an effective file reporting system for the holder of rights, but this also counts that the contents is not indicated in search engines, or even be made traceable. In the last year alone, Google deleted five million links to copyrighted contents, almost double the amount from the year 2010. Online storages like the HiDrive and Dropbox may be at large, but its one-to-one connections places its users on the legal side. RapidShare, however, remain in the interim of doubt.

“Checking files would be a massive invasion of the private sphere - Daniel Raimer, Spokesperson for RapidShare”

Description: Daniel Raimer, Spokesperson for RapidShare
Daniel Raimer, Spokesperson for RapidShare

Saving songs from web radio streams as mp3?

Description: Radio.de 

Radio.de

This is allowed - just like one is allowed to record songs from radio. In addition, it is also applicable that you are allowed to distribute MP3s in a private circle (rule of the thumb: seven individuals). Fundamentally, one can always save a private copy of a legal original, whether music, movie or software (and/or backup copy in case of software).

By passing IP blocks to view foreign services such as Hulu?

It is very argumentative whether one is allowed to disguise one's IP address using tools such as

Description: Hulu

Hulu

Whether one is allowed to disguise one's IP address using tools such as Hotspot Shield or the web service UnblockUs - there is as of yet no judgment on this. Few judges stand by the view that IP blocks must be handled legally just like a copy protection. After that, circumventing such technical protection measure would be punishable with indemnity. Who that still registers oneself with fake details as a US citizen to view such services, must anticipate the blocking of one’s account.

Posting photos from the web on Facebook or Google+?

The issue is open-ended due to two reasons. One is the fact that it is controversial whether the posting of images and commenting on them fall under the right to quote (i.e. it would be allowed), since such a posting rarely represents a decidedly dispute of the user with the work. The other is cloudiness of whether the site operator or the user can be made directly responsible for the content on one's Facebook profile. Jurisdiction is still fighting over this issue

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