On the question of whether the Cloud storage “Mega” by Kim Schmitz is legal, take note of the different facial points. There is a difference especially to what you should note as a user, and to what extent the File-Hoster is liable for copyright infringement.
What is a Mega anyway?
“Mega” is the new Cloud storage, the on 19.01.2013 with 50 GB of free online storage for each user is started. The File-Hoster is regarded as the successor of the beginning of 2012 by the new Zealand authorities Sharing service “Megaupload seized”. Have been established in both of the online services of the German, Kim Schmitz, alias Kim Dotcom, or short-Kimble.
What Mega power is different than other online storage?
The special feature of the Cloud of Kimble, all your files before they are encrypted upload it to your PC. After the Download, the Files will be decrypted on the computer of the user. Since the password is not transmitted to “Mega”, can't see the online service the files. Only you can make the data with your Code accessible.
Because of the File-Hoster is not able to decrypt the stored files, he does not know whether it is copyrighted Material. However, Kim Dotcom is automatically off the hook, when users commit via the Cloud copyright violations?
Legitimate File-Hosting from the perspective of the service provider Mega
In principle the difference between “Mega” from other Cloud-Save as “Box.de”, “Dropbox.com” or “Skydrive”. These provide you with only the infrastructure so you can store data in the Cloud and re-download.
So none of the online services violates first of all, against the law. It only becomes an issue if you make it through the Cloud of copyrighted Material such as images, movies or music, available to the Public. Here, it is conceivable that the File-Hoster mithaftet as a so-called “troublemakers”.
They are acting illegally, when you save files in the Mega Cloud?
No. Storing a file as a private copy, without circumvention of copy protection is, in principle, permitted. However, you may use the Material only and not transferred to third parties. Your private photos, Videos, or Office files you can back up easily in the lush online store.
You can swap the latest movies or music via Mega legal with other users?
No. Because a punishable offence to make, if you distribute copyrighted works without the rights to it. This would mean in which File-Hoster “Mega” that you publish, for example, the Mega-Link to your favorite movie “Dirty Dancing” and the password for the decryption in the Web. It doesn't matter whether you post them to the access of data in social networks, by E-Mail or offline to third parties.
Illegal is when you download a file and decrypt it, even though you know that it is a copyrighted work. This ignorance in the case of doubt, does not protect against punishment. Those who download films or DVDs rather be free to acquire the title, for example, at Amazon for sale, you can get already a criminal offence.
When is Mega illegal?
Criminally, the Cloud storage would be especially then, when he would call on the users to actively post content in violation of applicable law. Even if Kim Dotcom would tolerate this Material to the knowledge of the breach of the law, could be the service illegally. That does not seem to be according to the current state of the case. On the contrary, The established reporting form, against infringement, the copyright policy and the General terms and conditions suggest that Kim Schmitz does not tolerate copyright infringement and online service is legal and legitimate to operate. The future will show whether this succeeds.
Conclusion: Mega is legal, as long as you use the Cloud storage legal
You alone are responsible for what you do on the Internet. So it is with the use of the File-hoster “Mega”. You can use the Cloud to store your private safety copies or upload your music, this is not a Problem. The File-Sharing service, for example, is also suitable to share your private Video with your dog, with pleasures or around the world.
Copyright-protected content, you may with “Mega” neither publicly share the Links and passwords for the online or offline type. If you do it anyway, not in violation against the terms and conditions of use by Kim Schmitz, but action is also illegal.
According to Christian Solmecke, a lawyer, for IT appreciates and Internet law, legal situation:
“The mere Uploading of a copyrighted file without release to a third party is not copyright infringement. Is also allows the Link and the encryption code to friends or family members to be able to download the file. Clearly it is forbidden to publish, Link, and encryption code on the Internet. In this case, namely, any of the third parties may have access to the copyright protected file, so that a violation of the right of public access in accordance with § 19a of the copyright act. Therefore, also in the case of encrypted content: Who's making a copyrighted file available to the Public, is illegal.”
Here you will find the Cloud storage: The Mega-Cloud by a Web App through your Browser or as a mobile App on your Android Smartphone or Tablet.