Megaupload latest target of US anti-piracy campaign

Jan 21, 2012 by Chris Lefkow

File-sharing website Megaupload is the most high-profile target yet of a US campaign which has seen the seizure of hundreds of sites accused of offering pirated music or movies or counterfeit goods.

The US authorities have seized more than 350 website since launching an anti-online piracy campaign dubbed "Operation In Our Sites" more than 18 months ago.

A US Immigration and Customs Enforcement (ICE) agency spokesman said Friday the shutdown of Megaupload was an operation led by the (FBI) and not formally part of "Operation In Our Sites."

But the ICE spokesman said it was in line with the campaign against online piracy which began in June 2010 with the closure of 10 sites offering pirated movies, some within hours of their release in theaters.

A founder of NinjaVideo.net, one of the websites snared in the first phase of "Operation In Our Sites," was sentenced to 14 months in prison Friday for allowing illegal downloads of copyright-protected movies and TV programs.

Matthew David Howard Smith, 24, of North Carolina, was one of four people facing prison terms in connection with NinjaVideo.net, which reaped $500,000 during its two-and-a-half years of operation, according to US officials.

Megaupload, however, operated on a different scale entirely, according to the and FBI, generating more than $175 million in criminal proceeds and causing more than $500 million in harm to copyright owners.

"Operation In Our Sites" has targeted websites offering not only pirated movies like NinjaVideo.net but also music, software, clothes, electronics, games and counterfeit pharmaceuticals.

In the largest single seizure to date, in November 2011, the US authorities closed down 150 sites found to be selling counterfeit merchandise.

A November 2010 operation targeted 82 websites selling mostly Chinese-made , including golf clubs, movies, handbags, scarves, shoes, sunglasses and other items.

Among the sites whose domain names have been seized are cheapscarfshop.com, Burberryoutletshop.com, louisvuitton-bags-forcheap.com, dvdcollectionsale.com, handbagcom.com and mydreamwatches.com.

A visitor to the sites is met with a message reading: "This site has been seized by ICE -- Homeland Security Investigations, pursuant to a seizure warrant issued by a United States District Court."

It informs visitors that copyright infringement is a federal crime carrying a penalty of five years in prison and a $250,000 fine, while trafficking in counterfeit goods carries a 10-year sentence and a $2 million fine.

According to US officials, of the 350 domain names seized since June 2010, 116 have been forfeited to the US government following a legal process which allows for the owner of a seized domain to petition the move in federal court.

If no petition is forthcoming, the domain becomes US government property.

As part of their investigation, US agents purchase goods from the sites to determine whether they are counterfeit and obtain seizure orders for the domain names from US magistrate judges, according to US officials.

Corynne McSherry, intellectual property director at the Electronic Frontier Foundation (EFF), said "Operation In Our Sites" and the Megaupload.com shutdown raise free speech and other issues.

"What about the users?" McSherry asked. "I don't think there was any question that there was at least some, perhaps a lot, I don't know, of perfectly lawful content on the site.

"And if I'm your average user and I just lost my vacation photos I'd be pretty upset," McSherry said.

"I have lot of concerns about the US government seizing sites in general but one of them is the collateral damage for regular folks who are just trying to back up their CD collection," the lawyer for the San Francisco-based EFF said.

"It seems to me that whether or not there was due process for or not, there certainly wasn't due process for all of Megaupload's users," she said.

McSherry also welcomed a decision Friday by leaders of the US Congress, in the face of online protests, to put on hold legislation that would have given increased powers to US law enforcement to combat online piracy.

"I hope that Congress is really going to take note, not just postponing but hopefully killing these bills," she said.

Leaders of the Senate and the House of Representatives said Friday they would delay consideration of the bills which Google, Wikipedia and other Web giants have denounced as a threat to Internet freedom.

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User comments : 3

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Hengine
5 / 5 (2) Jan 21, 2012
This is exactly the kind of thing people are saying they will use SOPA for but this fiasco is happening with existing legislation. Maybe if the media giants focused their efforts in providing services people are willing to pay for instead of suing the customer base they wouldn't have to complain about so much piracy!
Vendicar_Decarian
5 / 5 (3) Jan 21, 2012
So here we have the U.S. government issuing arrest warrants for the arrest of non-American citizens in New Zealand for the "crime" controlling file servers in Virginia that were unknowingly hosting information uploaded by system users, that U.S. corporations claim to own.

Why not arrest the head of AT&T for the "crime" of transmitting information over the telephone that is used by criminals to rob banks?

Clearly America has become a Fascist Nation.

Callippo
5 / 5 (2) Jan 21, 2012
How the Internet blackout affected congressional support for PIPA/SOPA, i.e. the nice demonstration of moral lability and populism of USA lawmakers http://i.imgur.com/Wf6Uh.png
Note that the support of totalitarian tendencies is independent on left/right orientation of politicians involved. The history recognizes both many communistic both right-wing dictators.

http://3.bp.blogspot.com/-9knelh8psMA/Tevy7RI_Y2I/AAAAAAAAAD4/sYLz-Nm1bQU/s1600/political_compass.png

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