... It's not over.
If only because, well look at the history of this thread. Wasn't it supposed to be over twice already? November? December, when the end of the year ran down?
I'm not a fan of the odds, but I've been in the political game for quite a while. I'm not seeing a victory, I'm seeing a setup.
http://thomas.loc.gov/cgi-bin/bdquery/z?d112:HR01981:@@@L&summ2=m&This may or may not look familiar to you, only because I don't expect people to understand what they're looking at.
For those who may not know, The last time a similar bill passed - it magically (and I mean magically) gained copyright triggers. I believe the Alabama law did this as did a few others. In other cases, it was attached on as a 'rider' on other bills.
However, this is mostly a 'Keep an eye on it' situation. We might get lucky, but you know, if I could get lucky often enough, I would be playing the lottery...
As for Megaupload's FBI strike, it says two things.
a) It proves that you don't actually need SOPA to strike. In short, they were gunning for more power.
b) Well, I will quote the FBI for various bits of consideration.
Instead, the indictment alleges that the conspirators manipulated the perception of content available on their servers by not providing a public search function on the Megaupload site and by not including popular infringing content on the publicly available lists of top content downloaded by its usersThat's an interesting argument to take - if they manage to make this accusation fly, we're in significant trouble, because essentially what's being claimed is 'No public search function = criminality by concealment'
That has bigger implications than one might first realise. It suggests that Safe Harbour provisions no longer apply, and all servers are required to sweep for content for IP infringements at all costs.
This would extend to cloud computing, and more worryingly, towards VPNs. This in turn would uh, cause... interesting questions for, well, nearly every major company on the planet. Namely this:
Why on earth would I rent server space, when that provider will demand (by fear of prosecution) they can examine my company's personal data and corporate secrets when I need a private WAN coupled with a VPN to have my accounting team work at home?
Or worse, I have to LIST it publicly so IP holders can confirm that my business isn't sending some TV show, and stuff like sensitive company documents become visible?
For example, when notified by a rights holder that a file contained infringing content, the indictment alleges that the conspirators would disable only a single link to the file, deliberately and deceptively leaving the infringing content in place to make it seamlessly available to millions of users to access through any one of the many duplicate links available for that file.This second part is also interesting, due to the question of 'Is the FBI alleging how Megaupload worked was actually a scam?' Because how it was supposed to work is that you'd maintain your own personal upload, and that there could be (and probably was) multiple copies.
Either the FBI is alleging the files were NOT duplicated (Namely they checked and if matched, didn't actually store multiple duplicates of the same file.) or in legal terms, the FBI is alleging that it doesn't actually MATTER, and that Megaupload is required to sweep for data matches.
There are however mitigating factors, and furthermore, we have to see in the resulting court case how they are going to exactly structure their argument.
Still, how the FBI structured its argument is very, VERY interesting...