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8. Re: Morning Legal Briefs Jan 26, 2012, 00:42 zirik
Beamer wrote on Jan 25, 2012, 16:46:
1) YouTube actually takes down infringing content. MegaUpload would just take down the URL that was reported. The content remained, and most content had dozens, hundreds, and in some cases even thousands of URLs. Only the reported URLs went down, not the content, so the other URLs worked fine.

no they dont take down infringing content. it is easy to find URLs linking to illegal files from youtube videos. and those are two year old videos that earn youtube cash from serving ads.

2) YouTube is compressed versions made to run solely through streaming. MegaUpload are true mp3s/mpgs/whatever made to be available anywhere, any time. Yes, you can work around this if you want, it's virtually impossible to prevent, but you're still left with a crappy version.

so you are saying its okay to pirate as long as its a crappy version? sony will not be happy with your concept of fair use since a majority of pirated PS2, PSP and PS3 games have reduced audio bit rate. the ones demonstrated as working using modded equipment or emulators on youtube with surprise, surprise... links to where they can be downloaded.

3) YouTube worked with content creators and paid them licensing fees. MegaUpload does none of this.

youtube is still fighting legal battles between content creators. judging from the amount of pay per view videos uploaded every time there is a big event they dont seem to be in a hurry to pay licensing fees. the only reason they didnt get taken offline like megaupload is the safe harbor status given to them by the DOJ. why was megaupload not given a chance to fix their problem? megaupload had a DMCA representative that handled take down requests. they could not be served with a cease and desist? they also had a legal representative in the US for at least a year before being taken down last week.

4) YouTube never flaunted being pirate providers. It never worked with pirates. It has actively worked against this. MegaUpload bragged about being a tool of piracy.

youtube started out by serving pirated content uploaded by users. their co-founder "borrowed" content from other sites to put on youtube. if youtube actively worked against piracy they wont be as popular today.

This isn't blaming the medium for the content. MegaUpload wasn't some innocent person whose restaurant was used for drug deals. MegaUpload was a drug ring that existed solely for trafficking drugs.

except that the drug can be found elsewhere even in legal sites like youtube. they wont hand the drug to you but they will point you in the right direction to get it.
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