Megaupload once boasted it had over 1 billion files and approximately 50 million downloads daily but those days are over. The Associated Press has broken news earlier today that Megaupload (and its sister sites) have been taken down in a row over piracy. The site has been shut down by federal prosecutors for what they say is copyright violation that amasses to $500 million. This is an American ruling so how and why will this affect everyone? And what of the possible fallout of the decision? All this has happened on top of the recent SOPA/PIPA debate which many believe will likely be the biggest fight for online freedom ever.
First off lets deal with Megaupload. At one point MU was the 13th most popular website on the web (at this time it reportedly accounted for 4% of internet traffic). Heck MU even had celebrity backers such as Kanye West, Alicia Keys and Kim Kardashian. So where did it all go wrong? With any file sharing website the files uploaded are always dictated by the uploaders. Put simply at any point any files stored by Megaupload were not uploaded by Megaupload. You’re likely aware that each file uploaded has an option to report said file as copyrighted material. This is one of the things that has angered federal prosecutors. For them MU were simply not reacting quickly enough/strongly enough to both remove and stop copyrighted material reaching its servers. On the one hand with the sheer scale of Megaupload it is unfair to accuse them of doing nothing, ultimately copyrighted materials were removed but for MU (and similar sites) it’s a continuous battle. The rise of mirror links and duplicate links has often meant that each time a file is removed it can be uploaded again several times. The problem for Megaupload is that the courts who are deciding whether MU acted quickly enough and stringently enough are not going to be siding with the website. If the American courts are against you before you even go there then you know it is going to be an uphill task.
Another worrying fact for similar websites (torrent sites included) is that Megaupload technically lied outside U.S. jurisdiction. Despite the site been hosted outside of the U.S., the fact they leased servers in Virginia meant that the feds could make their move. It’s likely to deter any such sites having servers within America. It’s no secret that most of these sites already steer clear of certain countries to avoid such lawsuits. Is this a case of exploiting the lapse anti-piracy laws of foreign countries or is it the genuine worry of these sites that they feel they simply can’t operate under such complex laws. It does seem that many of these sites exploit their positions, copyrighted files drive traffic and as such drive profits through outlets such as advertising revenue and premium account fees. Waiting for a file to be marked by the industry as an illegal file isn’t exactly a diligent way to deal with piracy but of course your opinion depends on who you trust. It’s most likely that both sides massively exaggerate, it’s unlikely that MU deliberately break copyright laws but it’s equally likely that MU and similar sites try to turn a blind eye for as long as they can.
Perhaps, ironically and fittingly, Megaupload’s closure comes just a day after a web wide blackout against SOPA and PIPA. It was a day where sites such as Wikipedia and Reddit protested against what they described as an infringement of freedom on the web. For the media industry (and government supporters) SOPA and PIPA is a way, which although controversial, would allow them to fight piracy by closing and blocking websites/web users that are deemed to have broken copyright laws. The problem lies in how badly worded the acts are. The powers extend beyond piracy and could easily effect normal users. A movie review, for example, which uses a clip from a film or music from the film could be blocked and deemed as illegal as could a clip of someone performing karaoke. Currently the fair use policy exists which states that copyrighted material can be used (to a certain degree) as long as the user does not profit but this very policy could be eroded by SOPA/PIPA. Another issue is who polices SOPA/PIPA, the tools used to block and remove websites would be the same tools as the Chinese government and rather than an independent body it would be the media industry: corporations like Fox, Universal, Disney etc. The problem with this is that the media industry are notorious for taking a very harsh and zero tolerance approach to piracy which has often led to inaccurate accusations been levelled at everyday web users. SOPA/PIPA extends beyond anti-piracy and into censorship. This censorship infringes on the right of every internet user and our freedom of expression should not be compromised at any cost. If you’re unsure about SOPA/PIPA or simply want to know more then I suggest you watch the below video, (from Youtube, a website that could see at least 60% of its content removed under SOPA/PIPA).
So what does this all mean for file sharing websites? If it isn’t obvious already then it should be! There is an obvious possibility of the domino effect. If the feds are successful in their lawsuit against Megaupload then inevitably it will be a case of which website is next. This could very well be the beginning of the end for file sharing websites in their current form. It is true to say that it’s currently unfeasible for such sites to operate in the way that they do, a quick web search will uncover thousands of copyrighted files on the various file sharing websites, the key question lies with whom does the blame fall? Is it the fault of the file hosts for not doing enough to remove/stop the sharing of these files or is it the fault of the person who uploads the file in the first place? It’s seemingly the equivalent of a man buying a gun from a shopkeeper. Subsequently the same man uses the gun to kill another man. However, rather than the man been arrested, the shopkeeper is arrested for selling the gun in the first place. It is important to remember that Megaupload operated slightly differently to many other file sharing websites, it would pay the uploaders of popular files, a dubious act indeed, particularly if, as suggested by the courts, the popular files in question were copyrighted. In this instance then MU would arguably be funding pirates and piracy.
A new era in the internet is coming and it will likely be drawn out and controversial. The only clear finishing line is that there will be losers. On the one hand it is hard to deny the ease of accessing copy-righted files but on the other hand many of the facts and tactics used by the mega-corporations are often underhand and carry ulterior motives. For companies like Disney and Fox SOPA/PIPA affords them a chance to monopolise their content so it is only accessible through them and not through third parties such as Youtube (whom the music industry detest) and other such sites. It is also proven that piracy figures are grossly over-exaggerated, the industry takes each illegal download to equate a lost sale, a fact that is not the case, in fact many simply only download said file because it’s free and if cost was incurred they would not. Megaupload’s demise spreads bad news for other file sharing websites because if successful it allows the big corporations an excuse for attacking similar websites. Then where does it stop? I will monitor the fallout that is to come in the coming days with an eager eye. For me I simply cannot side with the big corporations, the way to fight piracy is not through vicious tactics but through offering an genuine alternative. Services such as iTunes and Steam are proven examples of this. Removing Megaupload will not be the end of piracy, just as much as banning Grand Theft Auto wouldn’t stop ‘glamorous gang crime.’ The real crime is the censorship of the internet, a place that should always and forever be open to all.
Let us know your opinions on Megaupload, its closure and SOPA/PIPA by commenting below.
