MegaUpload,
a company incorporated in Hong Kong with operations all over the world, allowed the public to share illegal
copies of films and music etc. US authorities have made a number of overseas
arrests based on accusations of facilitating and profiting from copyright
infringement under Californian/US law.
The digital
age allows businesses to trade globally at a rapid rate which generates a
number of issues when applying traditional laws. Traditionally jurisdiction laws have
extended to activities that take place within a country; they have not
encompassed illegal activities on foreign soil. The MegaUpload case has seen
the United States
moving to re-define the boundaries of state jurisdiction, where US
laws apply simply because a transaction occurs on a server based in the United
States.
The outcomes of this case can only cause confusion and
stress for businesses using these facilities.
The possible precedents set in the MegaUpload case are terrifying for
major business and could have far reaching consequences for international users
of US-based cloud computing services. Businesses
could stand to lose large amounts of company data inturn causing significant
economic loss.
Current
laws need to catch up with the times in order to properly protect the data
stored in these facilities. A new
approach to needs to be introduced which balances the needs of public demand as
well as the interest of the owners of works.
Mechanisms should be put in place to monitor what users are
sharing. If this means a small flow on
cost to users it is a small price to pay.
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