Is mega legal?

When considering whether the “Mega” cloud storage from Kim Schmitz is legal, there are various aspects to consider. It is important to differentiate between what you as a user should consider and to what extent the file hoster is liable for copyright infringements.

What is mega anyway?

“Mega” is the new cloud storage that started on January 19, 2013 with 50 GB of free online storage for every user. The file hoster is the successor to the sharing service “Megaupload”, which was seized by the New Zealand authorities in early 2012. Both online services were founded by the German Kim Schmitz aka Kim Dotcom or Kimble for short.

What makes Mega different from other online stores?

The special thing about Kimble's cloud is that your files - before you upload them - are encrypted on your PC. The files are only decrypted on the user's computer after the download. Since the password is not sent to “Mega”, the online service cannot view the files. Only you can make the data accessible with your code. Because the file hoster cannot decrypt the saved files himself, he does not know whether it is copyrighted material. But is Kim Dotcom automatically off the hook when users commit copyright infringements via the cloud?

Legal file hosting from the perspective of the service provider Mega

In principle, “Mega” does not differ from other cloud storage devices, such as “Box.de”, “Dropbox.com” or “Skydrive”. They only provide you with the infrastructure so that you can save data in the cloud and download it again. Initially, none of the online services violates applicable law. It only becomes problematic if you make copyrighted material such as pictures, films or music accessible to the public via the cloud. Here it is conceivable that the file hoster is also involved as a so-called “interferer”.

Do you act illegally when you save files in the mega cloud?

No. Saving a file as a private copy without circumventing copy protection is generally permitted. However, you may only use the material on your own and make it accessible to no third party. You can easily save your private photos, videos or office files in the ample online storage.

Can you legally exchange current films or music with other users via Mega?

No. Because you make yourself punishable if you distribute copyrighted works without having the exploitation rights for them. That would mean for the file hoster “Mega” that you publish, for example, the Mega link to your favorite film “Dirty Dancing” and the password for decryption on the web. It does not matter whether you post this access data on social networks, send it by email or pass it on to third parties offline. It is also illegal to download and decrypt a file, even though you know that it is a copyrighted work. In case of doubt, ignorance does not protect against punishment. So if you prefer to download films or DVDs free of charge than to buy the titles from Amazon, for example, you can already be punished.

When is mega illegal?

Cloud storage would be particularly criminal if it actively asked users to publish content that violated applicable law. Even if Kim Dotcom would tolerate this material after knowledge of the violation, the service could be illegal. That does not seem to be the case at the current state. On the contrary: The reporting form against violations of rights, the guidelines on copyright and the general terms and conditions indicate that Kim Schmitz does not tolerate any copyright violations and wants to operate this online service legally and seriously. The future will show if that succeeds.

Conclusion: Mega is legal as long as you legally use the cloud storage

You alone are responsible for what you do on the Internet. So it is with the use of the file host “Mega”. Use the cloud to save your private backups or upload your music, no problem. The file sharing service is also suitable, for example, to share your private video with your dog with joy or around the world. Copyrighted content may not be shared publicly with “Mega”, nor may the links and passwords be shared online or offline. If you do so, you will not only violate Kim Schmitz's terms of use, but also act illegally.

Christian Solmecke, lawyer for IT and internet law, assesses the legal situation:

“Simply uploading a copyrighted file to a third party without sharing it does not constitute a copyright infringement. It is also allowed to share the link and encryption key with friends or family so that they can download the file. However, it is clearly forbidden to publish the link and encryption key on the Internet. In this case, any third party can access the copyrighted file, so that there is a violation of the right of public access according to § 19a of the Copyright Act. Therefore, the following also applies to encrypted content: Anyone who makes a copyrighted file available to the public is acting illegally. ”

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Here you will find the cloud storage: You can use the mega-cloud via web app via your browser or as a mobile app with your Android smartphone or tablet.