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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."
Please leave the rest of the world alone. Thankyou.
Users... the only thing keeping 1st level support from being the bottom feeders.
But does it have to be in behalf of Kimmy? Of all the poor bastards that got into the crosshairs of the US copyright mafia? I really start to wonder if that guy just has too much luck or whether something else is going on.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
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.
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.
I hear judges the world over are very receptive to being told to fuck off. It makes them warm and fuzzy inside.
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?
Only if he wins. All of his money was seized by the New Zealand, Dutch, British, Hong Kong, and American governments. He's actually poor.
For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
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.
Yeah, and what NZ would do in reply to that would simply free Dotcom and his assets, and the assets everywhere else that were hold would be freed on short order too, as the case just totally collapsed. And US government would have a pie on its face.
So I think its rather unlikely they will go that route.
Last thing I heard is that part of his money was returned to him.
Besides, I somehow doubt that all of his money has been seized. Every halfway decent crook can squirrel some money away from the feds, I highly doubt that of all the crooks he couldn't.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
How much would you wager that the US will tell him that they will return the funds, but he needs to fly to the US to pick them up in person? ;-)
I am John Hurt.
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Bum: "Go ahead, punk, make my day."
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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
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.
Om, nomnomnom...
His assets are frozen, not seized. It's still his, but he can't touch it.