katerina Posted March 31, 2006 Share Posted March 31, 2006 A little copy and paste from the blog and then further comment! Quick question: How can they deny you the right to receive donations? Did the court do this, or did the MPAA order this? I'm confused. Good luck. Raise some hell. No it's the MPAA and it's borderline illegal to even suggest something like that in proposed settlement talks. This is legal income that niteshadows raising and what he should do is work something up with the IRS and pay taxes on it that way the mpaa will have to take that clause out. If they dont then the IRS steps in because now it's a Federal matter. When i first saw that I was like "WTF those idiots arent allowed to do that". The mpaa thinks there so powerful they can do anything they want when it comes to legalise. The fact is they cant! This donation restriction is borderline extortion and intimidation, they are NOT the government and cannot seize or set aside income without a court ruling! Im sorry but the mpaa IS NOT allowed to do this sort of thing and id really like to hear niteshadow lawyers opinion on this. If niteshadow decides to pay taxes on this revenue and lets face it the percentage will be small. I'll be more then happy to contact the attorney general on his behalf! Ive thought about this for a while and the more i go over that stupid settlement proposal the more i realize how much the MPAA is operating in real grey areas when it comes to there legal battles! Ive also taken the liberty of emailing Mark Cubian who is symphathetic to our plight within the community. So what if he gets involved? will the MPAA tell niteshadow "we're sorry but money from Mr. Cubian is also prohibitive" I think everyone can see where im going with this= "total bullshit" Link to comment Share on other sites More sharing options...
atgxtg Posted April 1, 2006 Share Posted April 1, 2006 I'm not knowledgeable of all the details of the settlement, but I suspect that the MPAA is claiming that the money that Niteshdw recieved through donations was used for P2P file-sharing and belongs to them for copywrite infrigement. If they do ettle ang get the money, they will have to report it as income and pay taxes on it (although their accountants can probably try to write off the alleged "loss in income" that Niteshdw cost them from P2P file sharing). I don't believe or agree with that viewpoint, and probably a lot of other don't either, but it doesn't really matter. The MPAA isn't really interested in collecting money from Niteshdw (he doesn't have enough to make a difference to THEM), they are just trying to make an example to him to discourage other from hosting P2P trackers. The amount chosen was probably decided just so that it paying it would really put the screws on Nite. If Nite was a millionaire, the MPAA would have demanded millions in the settlement. Essentially, it's legalized extortion. Link to comment Share on other sites More sharing options...
JJC19 Posted July 30, 2006 Share Posted July 30, 2006 If Niteshdw signed an agreement and nothing in it violates previously established laws, then its as solid as titanium steal. Just ask Michael Jackson's victims... Jorus C'baoth (Beware of the Darkside) hl://wsg.servebeer.com:6220 Login: guest Pass: temp Link to comment Share on other sites More sharing options...
GorunNova Posted July 30, 2006 Share Posted July 30, 2006 Definitely. Solid as titanium steal, with an emphasis on the 'steal' part. ;) The best sort of theft is always the legal kind, accepted willingly by victims via contracts. ;p Edit: It's one thing to charge for lost revenue, but how does one fairly calculate that without being psychic or looking into the future? All the numbers they come up with are arbitrary and, as mentioned above, purely designed to extort money from victims and 'punish' them for annoying big corporations instead of actually coming up with any sort of real value. Even ten thousand works out to, say, about five hundred legitamite 20 buck DVDs, and the MPAA does charge some people a lot more than ten thousand dollars. How do they know when an individual has cost so many lost sales? I want to see the studies proving their methods of calculating losses actually matches the amount lost... of course, that's impossible simply because one can't determine whether someone didn't buy because they 'snagged a copy' and like watching that instead, didn't buy because they saw the product sucked, or downloaded and THEN bought the product because they liked it. Nobody needs to legitamize sale loss prediction and magically derived numbers if the whole thing never reaches a courtroom, but is instead accepted at face value through a legal contract. That's why the whole 'sue and settle' technique by the MPAA / RIAA is so bloody effective. >_< Link to comment Share on other sites More sharing options...
MPAA1 Posted July 30, 2006 Share Posted July 30, 2006 How is it legitimate income when the funds raised are in support of an ongoing legal case for a site that once offered copyrighted material when they didnt own the rights for said material? Sorry those monies collected will not be allowed to serve as a buffer in any ongoing settlement talks. Link to comment Share on other sites More sharing options...
Guest c4evap Posted July 30, 2006 Share Posted July 30, 2006 How is it legitimate income when the funds raised are in support of an ongoing legal case for a site that once offered copyrighted material when they didnt own the rights for said material? Sorry those monies collected will not be allowed to serve as a buffer in any ongoing settlement talks. Listen junior...there are other ways to help. Shutting your pie-hole is but one. Instead of pretending you're someone in authority...go do your homework so one day you can move on to the 3rd grade. No one here is buying your ahole act! c4 :thinking: Link to comment Share on other sites More sharing options...
MPAA1 Posted July 31, 2006 Share Posted July 31, 2006 How is it legitimate income when the funds raised are in support of an ongoing legal case for a site that once offered copyrighted material when they didnt own the rights for said material? Sorry those monies collected will not be allowed to serve as a buffer in any ongoing settlement talks. Listen junior...there are other ways to help. Shutting your pie-hole is but one. Instead of pretending you're someone in authority...go do your homework so one day you can move on to the 3rd grade. No one here is buying your ahole act! c4 :thinking: Im not selling anything rather telling how it is I know it's painful. Not my fault Link to comment Share on other sites More sharing options...
S0V13T Posted July 31, 2006 Share Posted July 31, 2006 Once again I feel the need to point out the posting rules to people. Also, I feel the need to point out that there are a LOT of forums out there that LOVE "outspoken" people. http://www.newtcity.com is one of them. Link to comment Share on other sites More sharing options...
MPAA1 Posted July 31, 2006 Share Posted July 31, 2006 Once again I feel the need to point out the posting rules to people. Also' date=' I feel the need to point out that there are a LOT of forums out there that LOVE "outspoken" people. http://www.newtcity.com is one of them.[/quote'] Thankyou for the link and i wont post again until i provide niteshadow/mpaa stuff... PM sent Link to comment Share on other sites More sharing options...
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