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How about this: you operate a file locker service, and in an effort to encourage people to upload files that will be popular and serve as a magnet for ad revenue, you offer to pay people $1/1000 downloads if they join an affiliate program. Later, when reviewing affiliate payouts, you send an email to a coworker breaking down some of your top payouts, noting that you've paid (say) $100 to someone who uploaded "several popular DVD rips".

How do you think that one's going to play out in court?

Or, how about, you want to watch The Sopranos, or Seinfeld, so you send your team a blast email asking for links to those series on your locker site, since it surely must be there. Maybe you complain when the first links you find are in the wrong language. French, say.

How do you think that's going to go?

It is a mystery to me why copyfighters think that MegaUpload is a good case to make a stand on.



You're changing the subject.


If you actually read my comment, you'll find that I'm not.


What do isolated red herring examples have to do with the gross dynamics of running the service? I can come up with just as many counterexamples.




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