So I remember sharing a file to my brother and "uploading" it over very slow DSL at the time (I think I was getting 100kbps a second or something). The file was copyrighted, a TV show, Supernatural, or something like that. Anyway, the upload was instant. Apparently Megaupload would do a quick hash of the file (not sure if it was in browser or probably more likely the first 100k bits or something of the file), and if it was a file that was already on their servers, they would just make a new download link for it, and the "upload" would finish. Links would be taken down by DMCA notices from forums and other file sharing sites (back then you could get good money making affiliate links and such, so people did a lot of their own uploading). But your private links and links you didn't share would remain. The files remained.
The fact that they did the hashing thing and kept the files locally really, incontrovertibly, proved they weren't deleting the files themselves when a notice went out. And that they were aware the hashed file was given a DMCA notice. This one little thing, probably to save bandwidth (and convivence for the end user of course; though outside of Linux ISOs there's little question what kind of files people are sharing), screwed him.
Anyway, #freeRossUlbricht (Yes I know he tried to make a hit out and a lot of people died from drugs he enabled to be sold, but the hit never happened and the drug users were consenting adults.) A life sentence is insane. 20 years? OK. Life? Heck he rejected a plea deal that would've given him 10... bet he regrets that now.
Getting a DMCA for one user's copy of a file doesn't mean every other user's copy is violating copyright. And that's not a theoretical concern, I remember a recent tweet about google drive having false positives in that exact way.
That's an interesting argument but the hash for an "infringing file" would be universal across all copies of said file, since presumably the DMCA striker would be claiming the file as infringing. I doubt a jury would buy it.
They can claim that a file is infringing everywhere it exists but they'd often be wrong and I don't think inherently infringing files are a valid way to interpret copyright.
"Better safe than sorry" is certainly, uh, safer. But I don't know if you can really say the DMCA requires it.
The fact that they did the hashing thing and kept the files locally really, incontrovertibly, proved they weren't deleting the files themselves when a notice went out. And that they were aware the hashed file was given a DMCA notice. This one little thing, probably to save bandwidth (and convivence for the end user of course; though outside of Linux ISOs there's little question what kind of files people are sharing), screwed him.
Anyway, #freeRossUlbricht (Yes I know he tried to make a hit out and a lot of people died from drugs he enabled to be sold, but the hit never happened and the drug users were consenting adults.) A life sentence is insane. 20 years? OK. Life? Heck he rejected a plea deal that would've given him 10... bet he regrets that now.