US Ordered To Hand Over Megaupload Documents
An anonymous reader writes "A judge in New Zealand has ordered the U.S. government to hand over evidence seized in the Megaupload raid so Kim Dotcom and his co-defendants can use it to prepare a defense for an extradition hearing. The judge wrote, 'Actions by and on behalf of the requesting State have deprived Mr. Dotcom and his associates of access to records and information. ... United States is attempting to utilize concepts from the civil copyright context as a basis for the application of criminal copyright liability [which] necessitates a consideration of principles such as the dual use of technology and what they be described as significant non-infringing uses.' Once the defense attorneys have gathered and presented their evidence, the judge must decide whether the U.S. can make a reasonable case against Dotcom."
Please leave the rest of the world alone. Thankyou.
Users... the only thing keeping 1st level support from being the bottom feeders.
Oh goody, a THINKING judge has got the rubber-stamping MPAA/RIAA bribed USA attorneys by the nuts!
This is going to be interesting. Considering how the US has been handling these file sharing cases, do you think they would willingly hand over the evidence (anyone know what the evidence is exactly?) or not hand it over, but keep making noise about it being illegal (maybe throw out the IP argument).
As cynical as I am, I reckon they would hand it over. The US lawmakers would be frothing at the bit to get him to the States, and I doubt they'd try and stuff it up.
This space for rent
docs need to prove conspiracy for extradition.
however, the defense would like it's hand on the evidence so they can show the police fucked up(afaik the computers are supposed to have security cam footage from the raid).
this is also a test if the fbi/etc can even hand over the evidence(I suppose they should have also had something prior to the bust to prove the conspiracy)...
world was created 5 seconds before this post as it is.
If this happened in Australia Kim would altready be in US custardy.
NZ purposly made legal mistakes and are now intentionally hindering the US!
The NZ authorities didn't have this information before? They've destroyed a company, cost the 'innocent until proven guilty' person great harm, and NZ hasn't even seen the evidence yet to allow the raid? Good grief.
Waiting for an amusing sig.
Kiwi judge tell the US government: "Hand it over, mofo, or else"
The US gov't: Go ahead, punk, make my day.
Fuck systemd. Fuck Redhat. Fuck Soylent, too. Wait, scratch the last one.
Regardless if the US produce evidence or not. The Megaupload saga can be considered a success by the US authorities, MPAA, etc. Because they have destroyed Megaupload and all alternate providers like Megaupload are shaking in their pants. They have one this battle. But the war rages.
Usually, it is the US that orders other jurisdictions to hand over stuff...not the other way round! This leads me to one conclusion:
It will not work! This request is DoA! Moot...name it!
Actually I would like to correct that: America, fuck you.
Your 'wisdom' makes me glad the fools are running the planet.
And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
Interesting to note that the UK has extradited 2 citizens recently without having to view the evidence against them. Good on New Zealand for standing up to the US.
I believe the most significant quote from the statement is this:
"United States is attempting to utilize concepts from the civil copyright context as a basis for the application of criminal copyright liability [which] necessitates a consideration of principles such as the dual use of technology and what they be described as significant non-infringing uses."
In other words, the NZ government realizes this is a misuse of the justice system to allow the US government to prosecute a civil case as a criminal one without giving the defendant access to evidence. The significant problem here is that the rights of the right-holder is being held to a higher standard than the rights of the defendant in this case.
I'm not attempting to say Mr. Dotcom is completely innocent in this case, but the US legal system has destroyed his business, confiscated his assets and likely taken away his future without due process and without a conviction of any crime at this point. Innocent until proven guilty, anyone?
Stop stealing American movies, music, software and games. Why are you guys so desperate for American made stuff? Should we just arrange for some pity donations of CDs and other media so you can enjoy some decent entertainment? :D :D
This was just an oversight, the US has forgotten that you are supposed to have evidence for criminal trials. With the Bush and Obama doctrines, NSLs, GItmo, and the national security exception this idea of evidence is a rather quaint and archaic notion. I'm sure they are sending the evidence now to their less enlightened allies.
.... and all this really put a stop to file sharing. I mean, it simply doesn't exist now ... right?
Kimble, aka Kim Dotcom is a total asshat.
He is a narcissistic fantasist, and nothing would give me more pleasure than seeing him in prison.
I remember him from back in the Quake days, when he used to hang out in the #quake.uk IRC channel and talk about how awesome he was.
He sucked at Quake tho, and spent far more time on IRC boasting about his lifestyle, being a "security expert" and claiming he could basically hack anything. He was insufferable, and I'm sure he hasn't changed.
There was a particularly good photo of him standing in his office back in 1997, surrounded by computer monitors. An enterprising photoshopper wasted no time in replacing the contents of the monitors with swastikas. Kimble didn't care, he just liked attention. Sadly, it seems this image has been lost in the mists of time.
I'm all for copyright reform, but the Megaupload case is not the way to fight for it. Kimble needs to go. The guy is a total douche.
As long as the U.S. government considers the MPAA/RIAA its patrons and continues acting as its paid thugs. As long as governments such as New Zealand's are star-struck by the possibility of movies being made in its territory. As long as the MAFIAA thinks it can corrupt governments and walk all over its customers' rights with impunity, this kind of crap will continue.
Someone needs to ask the judge to rule that US authorities took the property of third parties without warrant or jurisdiction and must return them in full, immediately and pay damages to return them to their original condition. Further they must pay treble damages for the period of loss of use including a theory the FEDS use all the time on others, imputed value where actual value is not readily determinable. Using the typical labor rates and commercial value of IT operations in the US in the area around the prosecutors own neighborhood.
That would be both equitable for the vistims, and notably painful for the perps, the FEDS in this case.
JJ
Not until (which presumes that this will happen in the future), but UNLESS. You remain innocent after the trial, because UNLESS you are proven guilty, you are innocent.
Well, there's Los Angeles, the Bronx, chunks of the South including parts of Florida. Probably a few more, but one is pushing the odds thrill seeking to find more in the 1st/2nd/3rd/other world called the USA.