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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."
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?
The US produces very little? It's incredibly obvious to tell you're trolling with statements like that.
Actually from my point of view, I'd have to agree with the GP.
I can't think of a single item I own that was actually made in USA. I own plenty of stuff made by US companies, but as far as I'm aware not on US soil.
At one stage I thought my mountain bike was actually made in the US, but then I found a sticker that disproved that (can't remember where it said now)
A brief survey of most stuff I own indicates that most of it came from China, followed by Taiwan and various other Asian countries.
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?
Ever stop to think
It is absolutely not our (the New Zealand people's) prerogative. This whole situation occurred because the NZ Police (none of whom are elected) thought they could get some international glory from a big case. They failed to do their research. They failed to follow proper procedure. They failed to use appropriate force. They failed on every account. And now they look like the try-hard asswipes that they are. If this was a one-off I'd be mildly surprised, but it has happened before, and it's making me feel quite nauseous. For example the NZ Defence Force has been caught on numerous times sucking up to the yanks just to improve their chances of being involved in military exercises, which was in strict contravention of the orders they received from the NZ Government at the time. They are out of control. So are the cops. Small men in large uniforms, thinking their dicks will grow bigger if they chum up to the big boys. Everyone, without exception, that I have talked to about this in NZ is absolutely disgusted with the way things have turned out. Blaming NZ is a total cop-out. The cops are at fault, for sure, but how about the US taking the requisite amount of blame for creating the conditions where their entertainment/copyright assholes are running riot across the globe, and the US government is materially supporting them?
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.
Various news outlets in NZ tried to talk to just about everyone (PM, Crown, etc) and find out whether FBI presented evidence (and what evidence was that) before raid was ordered, who exactly authorized the raid, negotiated with FBI, etc.
Everyone refused to talk to media about these issue. As if they're not public servants paid by taxpayers' money, but working in a private company and can decline to comment.
In short - noone (except police, I guess) knows what evidence NZ police has seen before the raid. They might have not seen any evidence, for all we know.