FBI Attack on SG1 Archives Website

[webmouse]

The whole story can be found at http://www.sg1archive.com/nightmare.shtml, but in brief: the MPAA has filed a federal lawsuit against Adam McGaughey, creator of the popular SG1Archive.com website, 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.

The FBI raided McGaughey's apartment, seized and damaged his computer equipment, and charged him with running a website engaged in Criminal Copyright Infringement and Trafficking in Counterfeit Services.

This was a site that Brad Wright called "cool" and has had positive feedback from SG1 cast and crew at conventions. The SG1 Archive is responsible for numerous DVD sales -- something not done by other similar sites with content of dubious legality.

Adam McGaughey needs financial support for his legal defence and to replace the damaged computer equipment. PayPal donations are appreciated. Protest letters to the MPAA would also not be amiss.

 

[PTeppic]

Shocking story.

For the benefit of everyone else who has an SG-1 fansite (and I have one in development) - can someone clarify here what is meant by material of "dubious legality"?

Are we talking screen-shots? Sound-clips? Actual ripped episodes?

 

[philoSCIFI]

They were episode downloads.

 

[Rowan]

items

They were ripped episode downloads that were kept on line after said gentleman recieved a 'C&D' order to stop. So, basically, he was told he was breaking the law and to stop and he didn't.

And now you know one of the *major* reasons why we don't allow that sort of information to be posted here on ASci-Fi [where you can find episodes on line to download] - the legalities of being seen to visabily support any site that promotes the download of copyrited material could get us in a heap of trouble.

Most production companies don't mind things like scanned photos, etc. But they can and do come unglued with having entire episodes [or movies, or games or software, etc] made available in an illegal fashion - illegal fashion being defined as someone recieving the product or item without having to purchase it in some fashion.

So, please. Do *not* post the URL of your favorite download site, what-have-you here on the forums. We, the mods, will delete your post and email you about it.

Rowan

 

[PTeppic]

Thank you for the clarification...

As for the original posting, failing to observe a C&D does seem a little er, brave? (though IANAL)

 

[Rowan]

The cited article

The comments/article URL cited at the beginning of this thread has been removed from the site - you get a 404.

The following message is in it's place:

------------------------------
We're sorry, but the document you requested was not found on this website. If you feel that you should not have received this error, you can email the webmaster.
------------------------------

So it may be difficult to get further infromation or clarification on this situation.

Row

 

[ShelbyS]

It must have only been removed a few hours ago. It was still up this morning. Hmmm....

 

[webmouse]

My in-house techno-guru says the internet is experiencing wide-spread DNS issues. On the other hand, considering the nature of the article, I wouldn't put it past the FBI bully boys to interfere with a link in support of someone they've harassed as criminals.

I'll keep poking to find another link. You might investigate the MPAA site and the original SG1 archives site. Any other SG1 site with links to the Archives could have some information, as well.

As for the "cease & desist" order, in three years MPAA made only 1 request which the site's owner says he never received. Not a lot of follow-up on the behalf of the "injured" party.

 

[PTeppic]

Re: The cited article

Originally posted by Rowan
The comments/article URL cited at the beginning of this thread has been removed from the site - you get a 404.

The article is still there... all you need to do is remove the typo in the URL quoted.

Try:
http://www.sg1archive.com/nightmare.shtml

 

[webmouse]

Glad its nothing more than a slip of the fingers.

 

[JacksLover]

I know of something very similar to this happening. It was a MASH website run by Andy Lawson, who happens to live in the UK

http://www.mash4077.co.uk/index.php

He was forced to bring his site down and do some revamping to it. It is up and running again. It was done by Fox though not the FBI

 

[JacksLover]

After re reading that article I am pretty skeptical as to the truth to this. I think the guy is running some kind of scam and everyone should be very careful about sending any money.

People can say and do just about anything on the interent in total anonymity. I am not saying people here are all a bunch of fakes!!
But just be careful what information you give out about yourself.

 

[PTeppic]

Assuming you're talking about the article about SG1Archive - this will sound crueller than intended but tough! If you run a website, you have to accept liability for any illegal material you post there, irrespective of what anyone else does on their site, and downloads of clips/episodes is copyright crime in most countries. Which is why ASciFi is right to censor mentions of download sites... Certain countries (not thinking of any western superpower in particular) have gone litigation mad...

If you drive above the speed limit, you can't argue you're not guilty, just because loads of other people don't get caught...

 

[Rowan]

Originally posted by PTeppic
Assuming you're talking about the article about SG1Archive - this will sound crueller than intended but tough! If you run a website, you have to accept liability for any illegal material you post there, irrespective of what anyone else does on their site, and downloads of clips/episodes is copyright crime in most countries. Which is why ASciFi is right to censor mentions of download sites... Certain countries (not thinking of any western superpower in particular) have gone litigation mad...

If you drive above the speed limit, you can't argue you're not guilty, just because loads of other people don't get caught...

And that's why we here have a very strict policy of not allowing folks to post info about download sites, etc. As much as it's a convenience and helpful for fans who might otherwise never get to see an episode, it is illegal.

Rowan

 

[webmouse]

Yes, the webmaster should have been careful on copyright issues (and his biggest "crime" was having links to European sites for the download of squinty eps. By the time the FBI busted in, the offending material had already been removed. I placed the initial warning on this forum so that everyone with an SG1 website can run out and memorize all the copyright law to make certain their sites are in compliance.

Most people, world-wide, do not understand what is copyrighted and what is public domain. Can a URL be copyrighted -- or just the material to which it links? Works of parody, satire, fan-fiction and original compostions derived from a copyrighted theme are usually safe once you get into court, but that doesn't stop corporate lawyers from threatening to destroy your life. Many folks just cave in when faced with a monumental lawsuit, even if they know they can win.

Indeed, the US has gone "litigation mad" -- and organizations like the MPAA can't go after everyone (which would be fair), so they pick one poor fool to be the scapegoat for all the ones they can't catch. If it turns out that the authorities are wrong, some tiny retraction will appear and they will return the man's smashed computers with a check to buy the cheapest basic system on the market -- refurbished if possible.

US copyright law is a vast legal morass, one that gets worse with each administration. The right to one's own work used to last about 20-50 years, then was extended to 70 years (the life-time of the creator), and now we have legislation pending to extend copyright to the life-time of the creator's heirs and assigns or to the estate, which means nothing will ever go out of copyright. What would happen if every school that wanted to put on a production of "Hamlet" had to pay the Shakespeare estate for the rights? The original law was never intended to give anyone permanent custody of a work.

Besides the question of McGaughey's innocence or guilt, the FBI did NOT have the right to destroy the defendant's computer equipment. That would be tantamount to a verdict of "guilty until proven innocent" -- a crumbling of one of our most fundamental rights.

 

[PTeppic]

Originally posted by webmouse
What would happen if every school that wanted to put on a production of "Hamlet" had to pay the Shakespeare estate for the rights? The original law was never intended to give anyone permanent custody of a work.

Just for reference, at least here in the UK, they wouldn't necessarily have to pay to perform the play - only seek permission of the copyright holder. But, the copyright holder COULD ask for money at their discretion. Or waive it for charity gigs, schools etc., and only charge "professional" presentations. And so on...

Besides the question of McGaughey's innocence or guilt, the FBI did NOT have the right to destroy the defendant's computer equipment. That would be tantamount to a verdict of "guilty until proven innocent" -- a crumbling of one of our most fundamental rights.

That, of course, is entirely true. In any democratic country.

 

[webmouse]

Originally posted by PTeppic
That, of course, is entirely true. In any democratic country.

Without getting too political, there are those of us here in the States who doubt that we are living in a "democratic country." Our president was selected by a Supreme Court judge after losing the popular vote and corporate power is on the rise with personal profit as the only morality.

Hence, the power of the record industry to bust 12 year olds for downloading music from Napster and the MPAA to go after a guy with an SG1 website because he published some ill-considered links.

Perhaps McGaughey should have known better about the copyright issue, but the FBI cyber-crime squad certainly has more dangerous criminals to stalk: radical religious groups bent on terrorism, the targeting of doctors and clinics providing women's health services, and the purveyors of kiddie porn.

 

[lene morissette]

Oh, for crying out loud, if they just *released* the friggin' episodes as individual DVDs as soon as they were broadcast, I'm sure most people would stop downloading 'em! Hey, here's a thought, show them in different countries at the same time and then people wouldn't mind watching them on TV instead of downloading them. Or start charging to download them, I wouldn't mind paying a couple of quid (or dollars, whatever,) to download them onto my PC. It's stupid! People are *asking* these broadcasting companies for stuff (i.e. Stargate blooper DVDS, Charmed DVDs/Videos etc.) and they ignore us! What else are we supposed to do to watch our fave shows?!? Do they want us to support the show or not?

 

[Status]

Originally posted by lene morissette
Oh, for crying out loud, if they just *released* the friggin' episodes as individual DVDs as soon as they were broadcast, I'm sure most people would stop downloading 'em! Hey, here's a thought, show them in different countries at the same time and then people wouldn't mind watching them on TV instead of downloading them. Or start charging to download them, I wouldn't mind paying a couple of quid (or dollars, whatever,) to download them onto my PC.

Nice idea but are you assuming everyone has cable/satellite and access to Sci-Fi? Not every one does.

It's stupid! People are *asking* these broadcasting companies for stuff (i.e. Stargate blooper DVDS, Charmed DVDs/Videos etc.) and they ignore us! What else are we supposed to do to watch our fave shows?!? Do they want us to support the show or not?

Well, I think this is quite obvious, they want us to watch all aspects (cable and broadcast covering at least a full year and in my case 2 years) concerning their promoters and buy their products. If we get it on download, the producers get nothing for it. After all adverts are covered then they will grant you the privilege of buying the show... after all isn't their aim to get all they can out of us?

 

[PTeppic]

Originally posted by Status
after all isn't their aim to get all they can out of us?

At the end of the day they're not out to entertain their faithful fanbase... they're actually out to make the most money possible for their shareholders!