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."

Comments

Dear USA

[overbaud]

Please leave the rest of the world alone. Thankyou.

Re:Dear USA

[Anonymous Coward]

Much as we would like them too, the american way of life requires that they control the flow of fuel, materials and goods inward and intangible imaginary goods in exchange (since increasingly they produce very little.)

And anyway they are the good guys, god in on their side, and they want it, so there.

Re:Dear USA

[mechtech256]

New Zealand is responsible for what they do in their own backyard with their own police forces. If they want to surrender their sovereignty to a bunch of RIAA/MPAA hacks who have paid off the right people, that's their prerogative. It's obvious that they've realized the mistake and are trying to make things right, but in the end it's NZ that screwed up here.

Re:Dear USA

[Psychotria]

Please leave the rest of the world alone. Thankyou.

You're far too polite.

Re:Dear USA

[The Master Control P]

You know, manufacturing in the US has actually kept going up ever since the 80s. It just doesn't employ anyone any more because it's more cost effective to pay an engineer here to design an automated shop that employs 10 people instead of 500.

Re:Dear USA

[Richard_at_work]

Thats interesting, considering the heritage of the works at the core of this case - or are we limiting the topic to physical goods only?

Re:Dear USA

[MrAngryForNoReason]

That's one of the big issues I see with the "first world". We don't actually make the stuff any more that got us to that position in the first place. How long before the rest of the world doesn't need us any more?

This argument pretty much disproves itself. Other countries need countries like the USA because of the point you are making. Manufacturing products for US companies is a big part of the economy in a lot of countries. As countries like China continue to develop their manufacturing industry they will continue to need Western countries to provide a market for their home grown products.

This is how the world economy works. Different countries economies are based on different things and they trade.

Re:Dear USA

[DarkOx]

The theory the FED operates under is that they are actually hurting Europe doing that. They think it protects the US export market by keeping products affordable for Europeans. To some simplistic extent they are correct.

Don't be fooled into think they are doing you any favors though. Its not about defending American jobs, and they ignoring the consequence to the average Joe with a passbook savings account. This is really about protecting the equity, derivative, and insurances bets made by them member banks.

End the Fed

Re:Dear USA

[AmiMoJo]

The cops work for the government, which is your elected representation. It is up to you to control them. I'm afraid you must take responsibility.

Re:Dear USA

[Uniquitous]

Because Americans wont work for chinese wages.

Yet. But they're working on it.

Wait, NOW!?!?

[MrDoh!]

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.

Re:Wait, NOW!?!?

[Captain Hook]

The NZ authorities didn't have this information before?

They aren't saying they haven't seen enough evidence to say Dotcom is guilty of a crime, they are saying that he has a right to defend himself against extradition and that defense needs to be able to review evidence for and against that charge.

Having said that, I think NZ sleep walked into a political quagmire which they would be very happy to get out of with the least amount of embarrassment. It would be very useful for them to find a reason not to extradite Dotcom because then they could say they followed the International Treaties with the US that they had to but their own courts also protected someone from illegal extradition.

Re:Wait, NOW!?!?

[Zocalo]

This would be information seized during the raid, so no, the NZ authorities obviously didn't get to see it before approving the raid. As far as I am aware, a fair trial in the US, and presumably NZ, requires that the defence team have access to all of the data gathered by the prosecution so there's a potential for this to backfire on the US big time. By all accounts Kim seems to be something of a scumbag, but so far, in this matter at least, he is still innocent until proven guilty; since there are growing grounds for a mistrial due to withholding evidence it's entirely possible that the NZ judge could react to further shenanigans by simply throwing the case out and denying extradition. That would leave Kim unable to travel to the US or certain other countries with favourable extradition treaties, but given some of the alternatives I doubt he'd be complaining too much.

Victory for this battle is to MPAA

[rgbe]

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.

Re:I observed an unusual tone in the statement...

[PARENA]

Well, if they don't hand it over, then I reckon the case for extradition will be thrown out and Dotcom is free to go. Not to the US, obviously... So it's in the their best interest to provide the requested evidence.

They Forgot

[Anonymous Coward]

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.

Re:Kimble - the douchebag's douchebag.

[Mashiki]

I remember him from the quake days too and remember him as being an asshat as well, but to be honest? I couldn't care. You know why? Because the case in itself is a giant miscarriage of justice, and if you can't see that though over 10 years of self-inflicted hate, you've got a deeper psychological problem.