Patriot Act Used to Enforce Copyright Law? 725
iter8 writes " The Stargate SG-1 Information Archive is reporting that the Feds filed charges against Adam McGaughey, creator of SG1Archive.com. The website is a fan site for the television show Stargate SG-1. The charges allege that Adam used the website to engage in Criminal Copyright Infringement and Trafficking in Counterfeit Services. Two interesting things about the charges are that they were apparently set in motion by a complaint by our friends at the MPAA and the FBI invoked a provision of the USA Patriot Act to obtain financial records from his ISP. Is copyright infringment now a terrorist act?"
Article Text (Score:5, Informative)
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Federal charges were filed against Adam McGaughey, creator of the popular SG1Archive.com website - a fan website devoted to the MGM-owned television show Stargate SG-1. The charges allege that the website engaged in Criminal Copyright Infringement and Trafficking in Counterfeit Services. The charges were the culmination of a three-year FBI investigation, set in motion by a complaint from the Motion Picture Association (MPAA) regarding the content of the SG1Archive.com website.
SG1Archive.com is one of the most popular fan-run websites among the Stargate community. In addition to providing very active fan discussion forums, broadcast schedules, production news, and episode guides, the site heavily promotes the sale of the show on DVD. As of this writing, direct links from SG1Archive.com to Amazon.com have resulted in the sale of over $100,000 worth of DVDs. Many more DVDs have been sold to international fans of the show through sites like Blackstar.co.uk. Upon hearing this news, Stargate executive producer Brad Wright called the site "cool" - which Adam took as an endorsement of his work.
However, instead of thanking Adam for his promotion of their product, officials at MGM and the MPAA have chosen to pressure the FBI into pursuing criminal charges. Adam was first tipped off about the investigation when the FBI raided his and his fiancee's apartment in May of 2002 and seized thousands of dollars worth of computer equipment. Adam later received a copy of the affidavit filed in support of the search warrant, and was shocked to discover that this document, prepared by the FBI, contained significant amounts of erroneous and misleading information. For example, two social security numbers were listed for Adam, one of which is not his. References were made to a cease and desist letter sent by the MPAA to an email address that did not exist. His online friendship with other Stargate fans across the globe was portrayed as an international conspiracy against the MPAA. And perhaps most disturbing of all, it was later revealed that the FBI invoked a provision of the USA Patriot Act to obtain financial records from his ISP. The FBI's abuse of its powers did not stop there. When they seized Adam's computer equipment, he was given written documentation stating that it would be returned within 60 days. The equipment that they did return did not arrive until more than 8 months later, and only then after much prodding from his lawyer. Much of it was damaged beyond repair - one laptop had a shattered LCD screen, an empty tape backup drive was ripped apart for no apparent reason, his fiancee's iBook was badly damaged when it was pried apart with a screwdriver. The FBI's computer crimes staff is either incompetent (at least when it comes to Macintosh computer equipment) or else they just don't give a damn.
Adam has has received positive feedback about his site from multiple members of the Stargate cast and crew at fan conventions. In addition, a representative of MGM's fan publication interviewed Adam about his website several months prior to the FBI raid. As a result, Adam sincerely believed that the show's creators did not have a problem with the content of his website. Many other sites are currently serving content of questionable legality, without promoting the sale of DVDs or offering a community for fans to discuss the show. Why the MPAA and FBI have chosen to ignore these sites and target SG1Archive.com is unclear.
Up until this point, Adam has been fortunate enough to receive pro bono legal counsel in his current hometown of Cincinnati, Ohio. However, the charges were filed in Los Angeles county. The cost of travel, trial, bond, etc. is likely to be quite high.
wouldn't be the first time (Score:5, Informative)
Metafilter [metafilter.com] has some comments too. Apparently the site had downloads of episodes available, despite their claim that it was just Amazon links that got them in hot water.
One-Sided Press Release; FUD-ridden writeup (Score:5, Informative)
Firstly, as one of the comments on the MetaFilter [metafilter.com] page on the article points out, Secondly, other comments on that same page (as well as the US DOJ press release [usdoj.gov]) point out what the somewhat self-serving press release does not: sg1archive was hosting copies of Stargate episodes for download. Directly; apparently Mr. McGaughey wasn't even smart enough to use an peer-to-peer intermediary so he could claim he was just linking, not hosting.They were apparently low-rez rips intended to allow fans to catch up on missed episodes but not something you'd want to keep, but I'm afraid that's not a positive defense to copyright infringement. Neither is "But we were helping sell the DVDs" (despite what peer-to-peer folks would have you believe) or "Gee, but the people who made the show liked my site, really!"
It's a shame that his computer equipment got trashed, but the FBI (and other law-enforcement agencies) are somewhat prone to do that over the course of an investigation. If you don't even check online FAQs about what constitutes copyright infringement (anime fansub and fanfic FAQs were doing an adequate job of covering that more than ten years ago; I'm sure there are even more comprehensive ones out there by now that would have told him this was Not a Good Idea) before you go ahead and do it anyway, you deserve what you get. This is not another Steve Jackson affair [eff.org], folks.
And I won't even go into what a Google Groups search [google.ca] on Mr. McGaughey turns up...though if you click on that link, the blurbs from the posts it displays are fairly instructive without even clicking on any of the articles to display the full text.
I only wish I hadn't kicked in $5 to the guy's legal defense fund before I found out about all this. Oh well, it'll teach me to do a little research first next time.
Look at this (Score:5, Informative)
Re:oh dear (Score:3, Informative)
Just see the Internet Wayback machine [archive.org] for proof.
We are defending this guy why?
The other side of history! (Score:4, Informative)
Matthew sez, "There's a press release on the US DOJ site from April 2004 describing the charges. From this, you can learn the guy's name: "Adam Clark McGaughey". (link: http://www.usdoj.gov/usao/cac/pr2004/050.html)
The funny thing is that after searching google groups for "Adam McGaughey", you find a bunch of people that seemed to have been ripped off by him around 2002 on some SG-1 sites (as well as ebay) (make sure you sort by date to get more recent stuff). (link: http://groups.google.ca/groups?hl=en&lr=&ie=UTF-8
I won't comment on any of the stuff here, but it's some interesting extra information that adds to the story.
So lets clap the horses...
Wayback machine (Score:5, Informative)
In Jan 2002 the site "changed" into a fan site/info site.
http://web.archive.org/web/20011012011922/www.sg1
Re:It's still illegal? (Score:2, Informative)
Copyright infringement can be either a civil [copyright.gov] or a criminal [copyright.gov] matter, partially depending if someone was making money from the infringement.
Re:This is what... (Score:4, Informative)
Do we? I keep forgetting that
http://www.johnkerry.com/pressroom/releases/pr_
If you think Kerry is just going to hand you everything you wanted on a silver platter because he's "not Bush", you're foolish and naive. You'll have civil liberties and rights with whomever wins. I find it repugnant how members of both parties have resorted to scare tactics at this point.
-Erwos
Re:The FBI hates all of you. (Score:2, Informative)
Ummm - no - what he did was host
OY MODS! (Score:5, Informative)
FUD all right. (Score:1, Informative)
Although you'll likely say it has no relevence, I would like to point that the "complete episodes" he hosted were generally about 15 to 20MB in size for around 43 minutes of video.
I've seen one of these damn things. You can barely tell which of the grainy figures is which (or if it even is a person) and you can't make it any bigger than like 160x120 and still be able to watch it. They're basically only good for the audio.
Since these are vastly inferior copies and he did not charge for their download, I call bullshit on the MPAA.
Re:It's still illegal? (Score:2, Informative)
Do a little research (Score:5, Informative)
While I don't think this is an appropriate use of the law, this guy is surely no angel. Terrorist? No way, but he doesn't sound like a real nice fellow.
Um, wow (Score:5, Informative)
FUD ALERT (Score:5, Informative)
If that isn't a case of the pot calling the kettle black I don't know what is. Have a look here [archive.org], at the episodes of the show that Mister McGaughey kindly put up on his site for download. I certainly do not see this as a case of busting fansites; it seems to me that the MPAA has a legitimate complaint here.
How he has interpreted the feelings of the show's creators/actors does not matter; their feelings and opinions count for nothing if they don't hold the copyrights to the show (which they clearly do not).
Perhaps the FBI did step over the line here, but from reading the Patriot Act (which you can find here [loc.gov]) one can see that the FBI is simply using the tools they've been given to bust the bad guys (the ranks of which this gentleman belongs to). If you feel that the Patriot Act is a bad thing, write your congressman [aclu.org]. Join the American Civil Liberties Union [aclu.org] and the Electronic Frontier Foundation [eff.org]. But don't sit here on Slashdot and bitch, you're not changing anything.
Re:Criminal? (Score:5, Informative)
Fraud is not however. As pointed out by a previous poster, the site owner has allegedly commited fraud Several Times [google.ca]
I suspect that he stands accused of Copyright infringement for hosting episodes on his server, but also for fraud.... However, he wouldn't get much sympathy or paypal donations for your fraud legal defence fund...
Re:Is copyright infringment now a terrorist act? (Score:3, Informative)
(a) SHORT TITLE- This Act may be cited as the `Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001'.
What is the Patriot Act for anyway? (Score:1, Informative)
I guess this isn't outside the scope of the law, is it?
More drama on Slashdot when you mention Patriot Act or Bush than in Fahrenheit 9/11.
Smells bad.... (Score:5, Informative)
Re:Funding a terrorist organization (Score:3, Informative)
Re:Homer (Score:2, Informative)
However the site doesn't want to work now!
Re:Is copyright infringment now a terrorist act? (Score:5, Informative)
Actually, when the Patriot Act was passed there was considerable discussion regarding this exact issue, and assurances were made that the PA wouldn't be used except for clear-cut cases of terrorism.
Here's an excerpt from the Patriot Act Myths [lifeandliberty.gov] government site:
If the Patriot Act were invoked in this case, it is a clear abuse that should be quickly corrected. The FBI personnel involved should be severely reprimanded or fired. That is, I suppose, unless viewing SG1 DIVX movies is potentially fatal... ;-)
However, this is an obvious example of the "slippery slope" problem the Patriot Act represents. Once new repressive legislation is enacted, people get used to it. Then the government starts to push the envelope. As long as this process is gradual, the public will be too caught up in "bread and circuses" (what is Jessica Simpson doing today, eh?;) to notice...at least that's the theory. Are you asleep?
Remember, Income Tax was originally supposed to be temporary. The government is not your friend. This is the case whether it's controlled by Republicans or Democrats.
Re:Article Text (Score:5, Informative)
BUT that the "Patriot Act" is being utilized in such a manner AND that government/taxpayer money, time, and resources were spent to make the MPAA happy. That's ridiculous (hello INDUCE act glad to meet you...)
I feel safer knowing that these new "tools" for finding terrorists are being used domestically for other purposes. (that's sarcasm, fyi)
Hey, i'm all for increase our intelligence gathering capabilities and having US use the data it allready has more effectively... and acting on it properly... BUT the patriot act was not the right approach at all.
more sarcsam: Thank god they got that pesky judge and warrant business out of the way so they can go after the real criminals like stargate1 download/fan sites quicker! GJ!
e
Re:One-Sided Press Release; FUD-ridden writeup (Score:2, Informative)
You really should have clicked on the posts, because they have all been written by the same person! Talking about FUD! (but I agree with your point in general)
Patriot Act is like RICO, squared (Score:3, Informative)
Terrorist organizations are believed to sometimes engage in similar activities. It's easier to prosecute such cases and easier to secure funding if the case is treated as a "potential terrorism" case.
Remember those anti-drug tv advertisements that ran a few months back. The odds are that ones local drug supplier are not connected to a terrorist organization. But the remote possibility raised by that series of ads might have convinced some that they might "just say no..."
Re:FUD ALERT (Score:5, Informative)
It has nothing to do with patriotism, so calling it the "Patriot Act" is misleading.
Re:Homer (Score:2, Informative)
Re:FUD ALERT (Score:3, Informative)
From http://slashdot.org/robots.txt [slashdot.org]
Disallow: article.pl
Disallow: comments.pl
Disallow: journal.pl
Disallow: messages.pl
Re:Not the point! Think about INDUCE. (Score:2, Informative)
For those that aren't aware, the poster is referring to the 9th Amendment which states:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Re:This is what... (Score:2, Informative)
Re:This is what... (Score:2, Informative)
You are misinformed. The mayor of Boston is a Democrat. The governor is a Republican, and went on record saying that his job was to make sure the convention was safe, and that the participants had a good time. He then joked that he also wanted them to ultimately be unsuccessful.
Re:FUD ALERT (Score:3, Informative)
On a tangent here [counterpunch.org] is an interesting article on Homeland Security trying to enforce security through obscurity in the physical world and the virtual world too. Someone walked around the DNC and took photos of all the weaknesses in the security in Boston and posted it on a list on Yahoo. Homeland security shut down the list and is collecting the names of everyone on the list and everything said. Should give you pause before joining any list in these dangerous times. These actions are designed to silence everyone who is critical of the government.
Welcome to the slippery slope. Watch that first step.
Slashdot comments ARE indexed by Google (Score:3, Informative)
Google searches for many hot button issues including the DMCA often return a Slashdot comment as a top hit. Here is one awesome search that returns nothing but wisdom [google.com], by the way.
It only indexes the cached version, not the dynamic version, as you (tried to?) point out. HTH HAND!
Wrong -- Kerry opposes the PATRIOT Act (Score:5, Informative)
You, sir, are full of shit [cnn.com].
Kerry supports letting the PATRIOT Act expire, Bush supports renewing it.
Re:Do a little research (Score:2, Informative)
RTFL (Score:5, Informative)
Re:I don't buy it (Score:2, Informative)
CNN is owned by AOL-Time Warner, which owns major movie and music labels.
Fox is one of the MPAA's largest members, and...
...MSNBC is a joint venture between a television broadcast network and Microsoft, which has a vested interest in working with Hollywood on the widespread distribution of DRM.
They have no reason to tell you about this, for the same reason that the murderer doesn't inform the cops of the crime that just happened, and the adulterer doesn't inform his wife of his little "business vacations'" true purpose.
A Letter to your Congressperson (Score:2, Informative)
--------
The Hounorable (insert full name of your representative)
(insert Rm.#),(insert name of)House Office Building
United States House of Representatives
Washington, DC 20515
Dear Representative:
I am writing to you about the recent use of the Patriot Act by the FBI to execute a warrantless search and seizure upon Mr. Adam McGaughey, owner of the SG1Archive.com website at the behest of the MPAA.
While I do not endorse copyright infringement as allegedly practiced by Mr. McGaughey, I deplore the use of my tax-dollars being used on the behalf of the MPAA rather than having them pursue their litigation through civil means.
However, what I am most concerned about is that the FBI has used the provisions in the Patriot Act to execute a warrantless search and seizure in a case where there was no imminent or life-threatening danger or possibility of terrorist activity. This is an abuse not only of the Constitution of our great land, but also of your good word and trust as you were assured, and so assured me, that the Patriot Act would never be used for the prosecution of ordinary criminals.
I am making you aware of this situation so that you may take action on my behalf to ensure that this does not happen again, and that I may feel secure in my choice of voting for you in the next election.
Thank you for your time.
(insert signature and full name & address)
Re:Is copyright infringment now a terrorist act? (Score:3, Informative)
That's not quite true. The Patriot Act made a lot of changes to how law enforcement works, only some of which had to do with terrorism. For those portions relating to terrorism, you're correct. But much of the Act was things like "the FBI can have roving wiretaps on cell phones in addition to landline phones," which is not specific to terrorism.
The problem is that the story says "a provision of the USA Patriot Act" but doesn't say which one, and we don't know if it was one relating to terrorism, or not. So there's really nothing intelligent we can say about what happened, since we don't have enough information.
Re:FUD ALERT (Score:3, Informative)
Secondly, the Patriot Act is nothing more than streamlining the search warrant, wiretaps, and property seizure laws to bring them in line with modern technology.
The patriot act streamlines, only in as much as it removes essential checks and balances by different branches on the executive branch and allows them to bypass the judicial branch. If you think modern technology requires a corrupt and abusive executive power, then you win. But everyone loses when faced with the image of "jack-booted thugs."
Re:Article Text (Score:2, Informative)
Ever heard of criminal profiling?