Canadian Court Rejects US Demand For Full Access To Megaupload Servers

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Canadian Court Rejects US Demand For Full Access To Megaupload Servers

Posted by Unknown on Wednesday January 16, 2013 @03:56AM from the prepare-the-invasion-fleet dept.

An anonymous reader writes "Nearly one year ago, the U.S. government launched a global takedown of Megaupload.com, with arrests of the leading executives in New Zealand and the execution of search warrants in nine countries. Canada was among the list of participating countries as the action included seizure of Megaupload.com servers. Last week, a Canadian court rejected a request to send mirror-imaged copies of 32 computer servers to authorities in the U.S., indicating that a more refined order is needed. Megaupload successfully argued 'that there is an enormous volume of information on the servers and that sending mirror image copies of all of this data would be overly broad, particularly in light of the scantiness of the evidence connecting these servers to the crimes alleged by the American prosecutors.'"

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The site is down, what's the point by schneidafunk · 2013-01-16 03:59 · Score: 5, Insightful

What is the official reason for requesting the data anyway? Kim is being prosecuted and the site is down.

--
Some people die at 25 and aren't buried until 75. -Benjamin Franklin
1. Re:The site is down, what's the point by schneidafunk · 2013-01-16 04:04 · Score: 4, Interesting
  
  Sorry, the reason is: "[6] The American prosecutors allege that individuals and the Respondent Megaupload Ltd. were parties to an offence of criminal infringement of copyright, conspiracy to infringe copyright, money laundering and racketeering. The allegation is that Megaupload Ltd. facilitated wrongful dissemination of copyright protected material such as movies and music."
  
  However, Kim already successfully fought off extradition to the U.S., so how are these computers helpful?
  
  --
  Some people die at 25 and aren't buried until 75. -Benjamin Franklin
2. Re:The site is down, what's the point by Anonymous Coward · 2013-01-16 04:14 · Score: 2
  
  They hope to get lucky and find more illegal files so they can charge Kim with hosting them as well and go for extradition on new, tougher charges. Obviously.
3. Re:The site is down, what's the point by inamorty · 2013-01-16 04:20 · Score: 1
  
  However, Kim already successfully fought off extradition to the U.S.
  When exactly did this happen? The hearing hasn't even taken place yet.
4. Re:The site is down, what's the point by kelemvor4 · 2013-01-16 04:36 · Score: 1
  
  They hope to get lucky and find more illegal files so they can charge Kim with hosting them as well and go for extradition on new, tougher charges. Obviously.
  Or maybe they're thinking of going after users.
5. Re:The site is down, what's the point by Anonymous Coward · 2013-01-16 04:43 · Score: 0
  
  of course theyre going after users, among other things.
6. Re:The site is down, what's the point by CCarrot · 2013-01-16 04:55 · Score: 3, Funny
  
  What is the official reason for requesting the data anyway? Kim is being prosecuted and the site is down.
  Nosiness.
  
  --
  "I love animals! Some are cute, others are tasty, what's not to like?" - Betsy Schroeder, Jeopardy contestant
7. Re:The site is down, what's the point by sjames · 2013-01-16 05:27 · Score: 2
  
  Prosecutors hoping for some free porn for themselves and some free Disney movies for the kids?
8. Re:The site is down, what's the point by Anonymous Coward · 2013-01-16 06:15 · Score: 0
  
  There's still good, hard-to-find pornography on those servers!
9. Re:The site is down, what's the point by Anonymous Coward · 2013-01-16 06:37 · Score: 2, Interesting
  
  He is actually still fighting the extradition process in New Zealand.
  It has however been established under NZ law the raid on his home was illegal, the taking of the servers and sending them to the US was illegal, the spying on him by a NZ government agency at the request of the US was illegal.
  That may see the NZ government liable for millions in compensation, even to the point of loss of income for his business and it may make any evidence against him inadmissible and thus the extradition turned down.
10. Re:The site is down, what's the point by davester666 · 2013-01-16 07:08 · Score: 2
  
  Maybe try to extradite Kim to Canada first, because New Zealand is being "difficult" about extraditing him directly to the US.
  
  --
  Sleep your way to a whiter smile...date a dentist!
11. Re:The site is down, what's the point by Tsingi · 2013-01-16 09:08 · Score: 1
  
  What makes you think that Canada would be more likely to extradite him?
  If there isn't enough evidence to turn over server data there likely isn't enough evidence to arrest him and send him to a country with draconian laws.
12. Re:The site is down, what's the point by Anonymous Coward · 2013-01-18 00:18 · Score: 0
  
  Couldn't they just torrent them?
Thank you Canada by Anonymous Coward · 2013-01-16 04:03 · Score: 5, Funny

This makes up for your frozen desolate wasteland of a climate for refusing to allow my car to start.
Since I'm stuck home for the day, I think I'll download a movie. ;)
1. Re:Thank you Canada by Anonymous Coward · 2013-01-16 04:10 · Score: 0
  
  at least snowballs are easier to dodge than bullets
2. Re:Thank you Canada by Anonymous Coward · 2013-01-16 04:27 · Score: 1
  
  Too soon dude, too soon.
3. Re:Thank you Canada by Anonymous Coward · 2013-01-16 04:33 · Score: 0
  
  Guns don't kill people. People kill people.
  
  Guns just make it faster ;)
4. Re:Thank you Canada by Anonymous Coward · 2013-01-16 04:41 · Score: 2, Informative
  
  I can never be too soon, all Americans have AK-47's and at least one M1A1 at home so it's only a matter of time before another shooting happen.
  LOL, not quite. AK47's are the weapon of the enemy. We use AR15's and M-16's. Also, most of us have upgraded to the M1A2 for family use.
5. Re:Thank you Canada by Anonymous Coward · 2013-01-16 05:38 · Score: 0
  
  I can never be too soon, all Americans have AK-47's and at least one M1A1 at home so it's only a matter of time before another shooting happen.
  LOL, not quite. AK47's are the weapon of the enemy. We use AR15's and M-16's. Also, most of us have upgraded to the M1A2 for family use.
  No guns are allowed in heaven. However, in the 'other' place...
6. Re:Thank you Canada by Minwee · 2013-01-16 06:06 · Score: 3, Funny
  
  LOL, not quite. AK47's are the weapon of the enemy. We use AR15's and M-16's. Also, most of us have upgraded to the M1A2 for family use.
  Or 350 pound mountain gorillas. After all, it’s your God-given right as an American to have the freedom to own a gorilla to protect yourself and your family.
7. Re:Thank you Canada by Anonymous Coward · 2013-01-16 07:14 · Score: 0
  
  Yeah, what the hell, Canada didn't bend to the USA's will instantly like it always does? I'm both shocked and surprised, honestly.
  Although, being Canadian, I have extraordinarily little doubt that it'll be less than a week before Canada kowtows to the USA, and apologizes for the delay in obeying their every whim.
8. Re:Thank you Canada by Anonymous Coward · 2013-01-16 09:01 · Score: 0
  
  Yeah, what the hell, Canada didn't bend to the USA's will instantly like it always does? I'm both shocked and surprised, honestly.
  Although, being Canadian, I have extraordinarily little doubt that it'll be less than a week before Canada kowtows to the USA, and apologizes for the delay in obeying their every whim.
  Prime Minister Harper has been idled no more by the First Nations unrest to be worried about the Government of the United States of Amerika. Next week the Public Safety Minister Vic Tows will visit Washington to receive some re-education at Camp Gitmo. If you want evidence the government is out of its mind 99% of the time check out Officer Bubbles: http://www.youtube.com/watch?v=PGMTm3QRwEc
9. Re:Thank you Canada by Anonymous Coward · 2013-01-18 00:29 · Score: 0
  
  Look, these crazies are American. If doing something involves either (a) reading something, or (b) moving more than 25 feet from where they park their car, then they are not going to do it. Guns are pretty much the only means of mass murder that meet these criteria, so take them away and the only worse outcomes you have to fear are the public health problems associated with their inevitable obesity.
And in other completely unrelated news by idontgno · 2013-01-16 04:10 · Score: 5, Informative

Canada continues to appear in the United States' Trade Representative "Special 301" report as a "Priority Watch Foreign Nation", under active suspicion of not supporting US intellectual property regimes, having inadequate intellectual property laws, and also not being "a team player".

--
Welcome to the Panopticon. Used to be a prison, now it's your home.
1. Re:And in other completely unrelated news by Anonymous Coward · 2013-01-16 04:25 · Score: 5, Informative
  
  Just saying...
2. Re:And in other completely unrelated news by gstoddart · 2013-01-16 04:36 · Score: 5, Insightful
  
  "The Government is disappointed with the United States' decision to include Canada in its [year here] Special 301 "Watch List." Canada does not recognize the Special 301 process due to its lacking of reliable and objective analysis, and we have raised this issue regularly with the U.S. in our bilateral discussions."
  "In regard to the watch list, Canada does not recognize the 301 watch list process. It basically lacks reliable and objective analysis. It's driven entirely by U.S. industry. We have repeatedly raised this issue of the lack of objective analysis in the 301 watch list process with our U.S. counterparts."
  Unless policy has changed, that watch list is largely regarded as being mostly about special interest groups with no good basis.
  Sorry, but that is a wish list written by industry of the pony they want to be given. It's all about them getting the most draconian, invasive measures they can find.
  It isn't an objective document in any way at all, and only the US pretends it is.
  
  --
  Lost at C:>. Found at C.
3. Re:And in other completely unrelated news by Jmc23 · 2013-01-16 04:42 · Score: 1
  
  Yay Canada. You know you're doing something right when the world love's you and you constantly thwart US stupidity.
  Unfortunately, political apathy is destroying our environment, and greed and debt are eradicating the values that made us proud in the past. :(
  
  --
  Don't complain about syntax, grammar, or spelling. There is no.hell like input on android.
4. Re:And in other completely unrelated news by Anonymous Coward · 2013-01-16 04:44 · Score: 0
  
  "You're either with us, or you're with the terrorists".
  Being a team player to the US means doing whatever is asked without question.
  Fuck you.
5. Re:And in other completely unrelated news by Anonymous Coward · 2013-01-16 04:53 · Score: 2, Insightful
  
  You know, if the US weren't so actively and obviously trying to make enemies all over the world, maybe they wouldn't have so many of them.
6. Re:And in other completely unrelated news by Anonymous Coward · 2013-01-16 04:58 · Score: 5, Informative
  
  about 15 years ago canada wanted to decriminalize marijuana. the americans threatened canada with sanctions and closing the most open border in the world, and accused canada of "not being a team player". Funny how a country that claims to be most democratic and free country in the world uses dictatorial tactics when it comes to other countries right to decide what they want for themselves.What is so infuriating and hypocritical is that today america has at least 15 states which have basically legalized marijuana, where u dont have to go to a "drug pusher" to buy pot. And now canada has a conservative gov. that wont even consider decriminalization.
7. Re:And in other completely unrelated news by Anonymous Coward · 2013-01-16 10:34 · Score: 0
  
  Canada was also mean to me in the playgound at recess.
8. Re:And in other completely unrelated news by Phrogman · 2013-01-16 10:49 · Score: 1
  
  Oh we are leading the way in political apathy with regards to the environment as well! Prime Minister Harper doesn't believe in environmentalism and is doing his best to eradicate all environmental groups in Canada, pass laws that remove environmental protection from 95% of Canada's waterways, and push through massive pipeline projects despite citizen's concerns or the objections of the indigenous peoples who live on the lands those pipes will cross.
  If there is a way to fuck up the world's environment, sell ownership of Canada's natural resources to foreign companies, or screw over the public in favour of large corporations, private interests or to curry favour with the US - Steven Harper is your man.
  
  --
  "The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
9. Re:And in other completely unrelated news by Anonymous Coward · 2013-01-16 14:20 · Score: 0
  
  Not to mention selling the rest of our resources to China - and allow them to sue us when we decide we don't like it.
10. Re:And in other completely unrelated news by Jmc23 · 2013-01-16 15:11 · Score: 1
  
  Please don't put misinformation like removing environmental protections from waterways into your rants. Using lies to get a reaction just increases apathy, as it becomes a stupid play ground battle like all of canadian politics.
  The truth will set you free, spreading lies and disinformation will get you nowhere. I can't even bother to check whether any of your other claims are true, and why bother, you've already lied.
  
  --
  Don't complain about syntax, grammar, or spelling. There is no.hell like input on android.
11. Re:And in other completely unrelated news by Jmc23 · 2013-01-16 15:13 · Score: 1
  
  Um, you do know that's pretty much the same deal Canada gets into with any country right? Since the beginning of Canada it's been, 'here take these resources, and just give me a moment to bend over.
  
  --
  Don't complain about syntax, grammar, or spelling. There is no.hell like input on android.
12. Re:And in other completely unrelated news by HiThere · 2013-01-16 16:00 · Score: 1
  
  Well, there's often a big difference between what is claimed and what is real.
  
  --
  
  I think we've pushed this "anyone can grow up to be president" thing too far.
13. Re:And in other completely unrelated news by Phrogman · 2013-01-20 16:09 · Score: 1
  
  Well read this then, and other articles like it:
  http://www.cbc.ca/news/politics/story/2012/10/18/pol-navigable-waters-protection-budget-bill.html
  or:
  http://o.canada.com/2012/10/29/after-federal-changes-to-waterways-rules-89-per-cent-of-protected-lakes-lap-on-conservative-shores/
  The changes to the Navigable Waters Protection act (which is almost as old as Canada) have been changed in bill C-45, so that a huge majority of Canadian lakes and Rivers will no longer have environmental protection. Perhaps coincidently, 89% of those lakes and rivers that will STILL have protection under the new changes, are in Conservative Ridings.
  "Bill C-45 would mean tens of thousands of lakes and rivers will no longer be covered by the NWPA, leaving protection for just 97 lakes, 62 rivers and the three oceans." http://www.lethbridgeherald.com/letters-to-the-editor/bill-c-45-will-do-away-with-protection-for-waterways-11313.html
  Now who is spreading disinformation? Is it you for denying that anything is wrong?
  
  --
  "The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
14. Re:And in other completely unrelated news by Jmc23 · 2013-01-20 16:32 · Score: 1
  
  You know what? Try actually reading the bill, like I did, it's very enlightening.
  Let me spell out the basics for you. It's called the Navigable Waters Protection Act. It protects Navigable Waters, that is waterways which can be navigated. There are no environmental protections in the act, it's concern is with keeping waterways navigable by restricting obstructions.
  Yes, a large majority of lakes where rich conservatives live are still protected by this act. That doesn't mean that there is any more environmental protection for their lakes. What it means is that when rich cottage owner wants to build a dock out onto the water, he'll have to go through a hell of a lot of red tape. Now, even though the cottage owner who lives on a lake no longer covered by the NWPA doesn't have to go through all the red tape to build a dock, he still has to follow all the environmental water protection acts. Misinformation like this is what builds voter apathy.
  
  --
  Don't complain about syntax, grammar, or spelling. There is no.hell like input on android.
Canada about to be invaded by CanadianRealist · 2013-01-16 04:11 · Score: 5, Funny

I'm just waiting for the declaration from the US that Canada has joined the "axis of evil".
OMG, we* have a nuclear program! And oil!
* see username
1. Re:Canada about to be invaded by arth1 · 2013-01-16 04:19 · Score: 1
  
  CanadianRealist (1258974) wrote:
  
  OMG, we* have a nuclear program! And oil!
  * see username
  What does the G in OMG stand for if you're a Canadian realist? Geese?
2. Re:Canada about to be invaded by Forty+Two+Tenfold · 2013-01-16 04:25 · Score: 1
  
  It mean "World Canadian Bureau!"
  
  --
  Upward mobility is a slippery slope - the higher you climb the more you show your ass.
3. Re:Canada about to be invaded by RobbieCrash · 2013-01-16 04:25 · Score: 2
  
  You need to read more about Canadian mythology. It means Oh My Gockey.
  Gockey being the ancient deity that gave up his immortality to become the holiest game: Hockey.
  
  --
  Keep on knockin'
  https://robbiecrash.me
4. Re:Canada about to be invaded by Zephyn · 2013-01-16 04:27 · Score: 2
  
  CanadianRealist (1258974) wrote:
  
  OMG, we* have a nuclear program! And oil!
  * see username
  What does the G in OMG stand for if you're a Canadian realist? Geese?
  Goaltender.
5. Re:Canada about to be invaded by ArcadeMan · 2013-01-16 04:30 · Score: 1
  
  Overhead Migrating Geese, obviously.
  
  --
  Get free satoshi (Bitcoin) and Dogecoins
6. Re:Canada about to be invaded by CanadianRealist · 2013-01-16 04:31 · Score: 3, Interesting
  
  The G stands for Goodness, you know what nice people we are.
  And in this case goodness as in not just bowing to the US who are bowing to their corporate overlords.
7. Re:Canada about to be invaded by H0p313ss · 2013-01-16 04:32 · Score: 2
  
  You need to read more about Canadian mythology. It means Oh My Gockey.
  Gockey being the ancient deity that gave up his immortality to become the holiest game: Hockey.
  My favorite Gockey story is the part about Tim Horton building the CN tower eh?
  
  --
  XML is a known as a key material required to create SMD: Software of Mass Destruction
8. Re:Canada about to be invaded by RobbieCrash · 2013-01-16 04:37 · Score: 2
  
  Something may have got lost in translation, it's only part of Tim Horton that built the CN Tower. It was also less building than it was being.
  
  --
  Keep on knockin'
  https://robbiecrash.me
9. Re:Canada about to be invaded by Anonymous Coward · 2013-01-16 04:38 · Score: 1
  
  CanadianRealist (1258974) wrote:
  
  OMG, we* have a nuclear program! And oil!
  * see username
  What does the G in OMG stand for if you're a Canadian realist? Geese?
  I would think it stands for "Oh My Gosh".
10. Re:Canada about to be invaded by sribe · 2013-01-16 04:52 · Score: 1
  
  I'm just waiting for the declaration from the US that Canada has joined the "axis of evil".
  That'll never happen. You're too close; we'll just annex you ;-)
11. Re:Canada about to be invaded by jkiller · 2013-01-16 04:57 · Score: 0
  
  Right. Exactly. But more likely this will last as long as it takes for the US to say "Oh, remember that money we were going to lend you, or those resources you needed from us or that blah blah blah trade we were going to do...???? Well, how about we get that data first." Effect: US gets data.
12. Re:Canada about to be invaded by fredprado · 2013-01-16 05:12 · Score: 2
  
  Already tried and failed.
13. Re:Canada about to be invaded by fredprado · 2013-01-16 05:14 · Score: 1
  
  Currently, with US economy going as it is, it is more likely that they will borrow money than lend it.
14. Re:Canada about to be invaded by gstoddart · 2013-01-16 05:17 · Score: 1
  
  What does the G in OMG stand for if you're a Canadian realist?
  What does it stand for if you're an American or a British realist? It's the same thing.
  
  --
  Lost at C:>. Found at C.
15. Re:Canada about to be invaded by dkleinsc · 2013-01-16 05:23 · Score: 1
  
  Oh yeah, I love Canadian mythology:
  "And then the Mountie did gaze upon the loon, and having sneaketh upon it, slit its throat with a knife, which stained his furs red. He then returneth to Moose Jaw, where the onlookers decreed that from this day forth all Mounties would wear red shirts. And in honor of the loon, which hath given its life for this great marker, all currency would bear its visage as the Mountie saw it."
  
  --
  I am officially gone from /. Long live http://www.soylentnews.com/
16. Re:Canada about to be invaded by Anonymous Coward · 2013-01-16 05:52 · Score: 0
  
  War, war never changes...
17. Re:Canada about to be invaded by arth1 · 2013-01-16 05:58 · Score: 1
  
  What does it stand for if you're an American or a British realist? It's the same thing.
  US: Oh my Georgia
  GB: Oh my Guernsey
  Canada: Oh my ... Guelph?
18. Re:Canada about to be invaded by Minwee · 2013-01-16 06:14 · Score: 2
  
  That'll never happen. You're too close; we'll just annex you ;-)
  It's too late for that. Just look at how many Tim Horton's have popped up inside what used to be the north-eastern USA.
  Canada has been annexing the USA bit by bit for years, and the only weapons they needed to do it were Tim-bits and the fearsome Double-Double.
19. Re:Canada about to be invaded by sribe · 2013-01-16 06:17 · Score: 1
  
  Canada has been annexing the USA bit by bit for years, and the only weapons they needed to do it were Tim-bits and the fearsome Double-Double.
  So I guess WWIII will start when the Canadian invasion collides with the Mexican invasion in the middle?
20. Re:Canada about to be invaded by phoenix_rizzen · 2013-01-16 07:10 · Score: 1
  
  And for the polar bear on the twonie? ;)
21. Re:Canada about to be invaded by H0p313ss · 2013-01-16 07:15 · Score: 1
  
  Something may have got lost in translation, it's only part of Tim Horton that built the CN Tower. It was also less building than it was being.
  Revisionist!
  
  --
  XML is a known as a key material required to create SMD: Software of Mass Destruction
22. Re:Canada about to be invaded by Bota · 2013-01-16 07:21 · Score: 1
  
  I would like to see some citations of Canada buying any 'resources' from the loonies (cwutididthar?) down south. Last I checked. the USA generally buys oil, water, electricity, meat, grain, and lumber from up north, not the other way around. You stopped being a an exporter of resources many many moons ago.
  
  --
  King Kong Died For Your Sins
23. Re:Canada about to be invaded by Anonymous Coward · 2013-01-16 07:23 · Score: 0
  
  Exactly! How do you think they get the holes in the donuts?!
24. Re:Canada about to be invaded by Anonymous Coward · 2013-01-16 09:06 · Score: 0
  
  Canadian rail bought up the biggest US train company. it is not just donuts shops. They own infrastructure too. Canadians have more guns per person, its USSR like cold up there, and they actually EXPORT stuff in their economy --which is not imploding BTW. Plus Canada kicked the USA's butt in the past. Its citizens are better educated, more healthy, more sane.... Many of them live in the USA and look like everybody else; their accent is actually just a parody they don't really have one... Also Canadians have more to lose being #1 or #2 nation on earth for decades while the USA has been on a trend towards the bottom of the 1st world nations during that time. To them, going down to US level would be worse than Americans giving up TV... losing either would cause everybody to get violent.
25. Re:Canada about to be invaded by Anonymous Coward · 2013-01-16 09:09 · Score: 0
  
  I'm just waiting for the declaration from the US that Canada has joined the "axis of evil".
  OMG, we* have a nuclear program! And oil!
  * see username
  And a considerably-sized Muslim population which grows each year. Canada will surely be "The Axis of Evil" since the country sits atop Fortress Amerika better know as Empire Amerika. Thomas Jefferson would declare the current Administration to be a hostile occupying force.
26. Re:Canada about to be invaded by Anonymous Coward · 2013-01-16 09:14 · Score: 0
  
  That'll never happen. You're too close; we'll just annex you ;-)
  It's too late for that. Just look at how many Tim Horton's have popped up inside what used to be the north-eastern USA.
  Canada has been annexing the USA Timbit by Timbit (FTFY) for years, and the only weapons they needed to do it were Tim-bits and the fearsome Double-Double.
I think there is something on it... by Anonymous Coward · 2013-01-16 04:19 · Score: 5, Informative

Search and seizure needs to be for a specific item or copyright. You just can't say I want the hard drive because we think there is something on it. Now if it was deemed a proceeds of crime then anything can be taken.
And it was a Canadian MP that put them there by Anonymous Coward · 2013-01-16 04:35 · Score: 5, Interesting

And not often mentioned is the role Harper's lot played in getting the Canada on that list.... thanks to Wikileaks we can see the coordination between Harper and the US.
http://www.michaelgeist.ca/content/view/5986/135/
Industry Minister Tony Clement’s policy director asked U.S. officials to add Canada to their Special 301 Priority Watch List. See, they have an agenda, they ask Canada to be put on the list, then they can use the presence of Canada on the list as an excuse to enact a lot of nasty IP laws they wanted to do anyway. Cute huh?
1. Re:And it was a Canadian MP that put them there by tlhIngan · 2013-01-16 05:37 · Score: 1
  
  And not often mentioned is the role Harper's lot played in getting the Canada on that list.... thanks to Wikileaks we can see the coordination between Harper and the US.
  http://www.michaelgeist.ca/content/view/5986/135/
  Industry Minister Tony Clementâ(TM)s policy director asked U.S. officials to add Canada to their Special 301 Priority Watch List. See, they have an agenda, they ask Canada to be put on the list, then they can use the presence of Canada on the list as an excuse to enact a lot of nasty IP laws they wanted to do anyway. Cute huh?
  It's already started, bill C-11 for example. But there's also Canada's unwavering suppor for ACTA and the TPP...
  Hell, Harper/Clement has yet to properly respond to the thing where C-11 increases fair dealing, but disallows breaking digital locks. Given very few media is sold without locks, it basically takes away everything it gives. To which neither have given any response to. Other than "It's good for Canada!"
2. Re:And it was a Canadian MP that put them there by Minwee · 2013-01-16 06:09 · Score: 0
  
  Except you're not allowed to call it "Canada" any more. It's just "Harper" nowadays.
The Irony by Anonymous Coward · 2013-01-16 04:36 · Score: 0

By duplicating the hard drives, the Canadian ISP/administrator/whomever would be engaging in (alleged) copyright infringement!
1. Re:The Irony by mumblestheclown · 2013-01-16 05:04 · Score: 2
  
  No, they wouldn't.
  For all the talk of copyright on slashdot and elsewhere on the web, I continue to be shocked and underwhelmed by the basic ignorance people have about it.
2. Re:The Irony by HiThere · 2013-01-16 16:06 · Score: 1
  
  Nothing "alleged" about it. If they are copying people's files without permission, they are engaging in copyright infringement. Perhaps the law has some legal twist to the definition of common words that would mean this isn't legally true, but it would be true under the normal common meanings of the words.
  N.B.: Even if the items were put on the hard drive by the creators, this would not change things...unless those creator gave permission. (And, IIRC, the permission needs to be in writing.) And whenever you write a note, you own the copyright to that note.
  What is alleged is that some of the files infringed copyright when they were copied to the hard disk in the first place. Which is a different, though related, matter.
  
  --
  
  I think we've pushed this "anyone can grow up to be president" thing too far.
US thinks it is ruler of world by danbuter · 2013-01-16 05:02 · Score: 4, Insightful

I love living in the US, but our government has been on a massive powertrip for decades now. It really needs to be reigned in.
1. Re:US thinks it is ruler of world by Ogi_UnixNut · 2013-01-16 05:33 · Score: 1
  
  Unfortunately, the only way the world will reign the US in is:
  1) World war 3, which would be a massive clusterfuck that probably annihilates the human race.
  2) We wait until, like Rome before it, the empire collapses under its own weight.
  So far, it looks like we are going with 2, and the financial collapse of the last few years might be the beginning. Unfortunately the US will take the rest of the world with it, so we'll end up in a clusterfuck anyway, but at least it will be slower and less violent (at least initially)
2. Re:US thinks it is ruler of world by ahodgson · 2013-01-16 05:40 · Score: 1
  
  By who? Both parties are perfectly happy with the power trip.
3. Re:US thinks it is ruler of world by Anonymous Coward · 2013-01-16 09:21 · Score: 0
  
  I love living in the US, but our government has been on a massive powertrip for decades now. It really needs to be reigned in.
  You could make amends to the world by simply putting President Barak Hussein Obama in shackles and moving him from the Whitehouse to the cotton fields.
4. Re:US thinks it is ruler of world by citizenr · 2013-01-16 09:53 · Score: 2
  
  Unfortunately, the only way the world will reign the US in is:
  1) World war 3, which would be a massive clusterfuck that probably annihilates the human race.
  2) We wait until, like Rome before it, the empire collapses under its own weight.
  3) Civil war.
  
  --
  Who logs in to gdm? Not I, said the duck.
5. Re:US thinks it is ruler of world by Ogi_UnixNut · 2013-01-17 00:14 · Score: 1
  
  I would file civil war under 2). Like Rome, empires usually collapse into bickering sides, which can result in a civil war destroying what is left of said empire.
  However I don't have my ear close to the US ground, so I really don't know how likely a civil war is to break out before a collapse.
  From what I see, there is a lot of noise on one side, yet very little action. While the other side is doing everything it can to restrict the ability to stage an armed revolt (be it via weapon controls, security checkpoints, spying or other means).
  How likely is it for a civil war to break out in the US soon (by soon, I mean in the next 10 years)?
Canadian courts: light at end of the tunnel by Maow · 2013-01-16 05:13 · Score: 4, Informative

During these past few years, the Canadian court system has been a bit of a light at the end of a long, dark tunnel with regards to this and striking down draconian laws instituted at the federal level.
Just in the past week (part of) the legislation regarding human smuggling was struck down in BC (giving aid to someone attempting to illegally enter the country could be construed as giving legal advice, or even coffee); mandatory sentencing for a guy in Surrey with no priors, but caught with a loaded Glock in a public place also struck down (an unreasonable gap between levels of sentencing, IIRC).
Now if they could just pick up the pace on the election fraud case(s) being heard; we cannot allow these ones to be unresolved through the next election, like the last one involving the Conservative Party of Canada (In & Out scandal).
Well, that turned into more of a rant than I expected.
TL;DR hooray for the Canadian courts.
Typical US Law Enforcement techniques.... by erp_consultant · 2013-01-16 06:14 · Score: 5, Insightful

This is how the US authorities go after everything - with massive, overwhelming, completely unnecessary force. Ever see the video of the invasion of Kim's compound? You'd think they were invading a small nation with that army of agents. It's like those cop shows on tv where they burst into some guys house - 10 or 20 or them, armed to the teeth - and all you see is some redneck standing there with no shirt and unarmed.
It's looking more and more to me like the US authorities had a pretty flimsy case with improper search warrants. Now they are trying to get everything they can, thus the "mirror" request. But the Canadian authorities have stuck a finger in the eye of the American justice machine by refusing to just hand over the contents of the entire server, not just what Kim is accused of being involved with.
My prediction is that not only will Kim not get extradited to the US, his lawyers will find a way to get him off the charges. Of course, it will cost him several years of his life and several million dollars. The US government, on the other hand, has virtually unlimited resources (thanks to the taxpayer). Backed up by the greedy Hollywood producers they will continue their campaign of harassment.
1. Re:Typical US Law Enforcement techniques.... by Anonymous Coward · 2013-01-16 07:09 · Score: 0
  
  This is how the US authorities go after everything - with massive, overwhelming, completely unnecessary force. Ever see the video of the invasion of Kim's compound? You'd think they were invading a small nation with that army of agents. It's like those cop shows on tv where they burst into some guys house - 10 or 20 or them, armed to the teeth - and all you see is some redneck standing there with no shirt and unarmed.
  What you dont seem to understand that in reality land its sometimes neccessary to use excessive force. And lets be honest, they didnt actually use force. In law enforcement its called show of force. Meaning they show they have the men, the guns, the gear and willingness to obliterate you in order from it ever coming to that. If some pipsqueak shows up to a meth lab with only a badge and a notebook it wont end well for the officer, but if 12 officers show up brandishing guns the chances of the bad guy actually trying anything is far far less. Thats why officers wear uniforms tailored to make them look bigger than they are, why they wear hats that make them look taller than they are and that bright badge is at eye level with everyone, its all a show of force intended to maintain control through observed authority. They use lots of guys and show off guns because it keeps them safe by intimidation, it keeps them safe by showing they mean business and in turn keeps the bad guys safe as well and innocent bystanders. If you think 2 guys in blue jeans and pepper spray are going to do a drug raid youre a retard.
  And that redneck with no shirt was shown on tv because they got him unprepared which is exactly the point. What do you think cops should call criminals and give them a hour warning they are coming to bust him? Or wait till he is in the middle of some big deal where the potential for his friends and guns being there? If you do youre stupid, its safer for the officers and the suspect if they catch him at his weakest to ensure the least potential for a bad situation.
  Back to kimdotcom. He has a huge estate with a huge house and lots of land, he knows he is doing things considered illegal, he knows the US government is gunning for him and he has a ton of money. From a strategic perspective you dont want to go there with 3 guys and no guns because he has the money to have hired guns or guns himself and you cant effectively clear a freaking mansion in a acceptable amount of time with 3 guys. And again, its a high profile case so yeah they show off a little to say "If you mess up we mean business" its a observed warning to others as well to discourage illegal acts.
  You need to grow up and realize how the world works and that governments and police arent insane gunmen out to get everyone. If you dont do bad things then you will never need even to think about them, thats the real world.
2. Re:Typical US Law Enforcement techniques.... by Anonymous Coward · 2013-01-16 07:45 · Score: 1
  
  Or you know you could use a brain instead of the immediate assumption because the "government" or the "police" are involved that whatever they are doing is justified.
  Absolute faith in authoritarianism isn't going to win you a gold star and it won't necessarily keep you from "even needing to think about them", that's the real world.
  You realize that Megaupload responded to DMCA requests and the actual evidence that was being used to justify this raid were files that the US government had specifically requested Megaupload's help with tracking down some of Mega's users that were infringing for a previous case the US was prosecuting? Then they turn around and use those same files to say Mega in violation of US copyright law..because they were preserving those files. Of course the US gov claims there was no written instructions that told them to retain those specific files, which is irrelevant. They knew it the files were related to their previous case and could have asked Mega to get rid of them if they were done with their previous prosecution.. but they never did.
  US DOJ did not entrap megaupload the agency says
3. Re:Typical US Law Enforcement techniques.... by Anonymous Coward · 2013-01-16 08:13 · Score: 0
  
  I think you're ignoring the fact that if it looks like he's gonna get off the MAFIAA will push for a drone strike. And eventually they'll manage to make it happen. Not that they'll admit it initially, but summarily executing major opponents is clearly on their list of planned escalations.
4. Re:Typical US Law Enforcement techniques.... by Anonymous Coward · 2013-01-16 10:05 · Score: 0
  
  hahahahaha. Haha. Ha. hahahahahahahahaha.... oh my. You're cute.
5. Re:Typical US Law Enforcement techniques.... by Anonymous Coward · 2013-01-16 12:57 · Score: 0
  
  ......You need to grow up and realize how the world works and that governments and police arent insane gunmen out to get everyone. If you dont do bad things then you will never need even to think about them, thats the real world.
  You have a very faulty view of the world.
6. Re:Typical US Law Enforcement techniques.... by erp_consultant · 2013-01-16 13:04 · Score: 2
  
  "What you dont seem to understand that in reality land its sometimes neccessary to use excessive force." - Yeah, sometimes. But in Dotcom's case he doesn't have any history of violence. He's pirating fucking movies, not cocaine. Now if the guy was a violent criminal or holding hostages or something like that then, sure, bring in the troops.
  "And that redneck with no shirt was shown on tv because they got him unprepared which is exactly the point." - No, it's not the point. The point is that the cops were using absurd levels of force against some guy they could have blown over with a feather.
  "If you dont do bad things then you will never need even to think about them, thats the real world." - You mean to tell me that cops only go after bad people? That they never make mistakes? That sometimes, under pressure to close a high profile case, innocent people don't get wrongfully convicted? Try telling that to the five people wrongfully convicted in the Central Park Jogger case (https://en.wikipedia.org/wiki/Central_Park_Jogger_case) or any number of other instances of this type.
  Maybe you're the one that needs to grow up, son.
7. Re:Typical US Law Enforcement techniques.... by DinDaddy · 2013-01-16 20:28 · Score: 1
  
  This is how the US authorities go after everything - with massive, overwhelming, completely unnecessary force. Ever see the video of the invasion of Kim's compound?
  Except that was the New Zealand authorities. Acting at the insistence and direction of US authorities to be sure, though.
8. Re:Typical US Law Enforcement techniques.... by erp_consultant · 2013-01-17 02:39 · Score: 1
  
  Indeed it was the NZ authorities. But they were acting in a way that was decidedly more strong armed than NZ authorities would typically use. No doubt due to the US involvement. Back in January, NZ Judge Helen Winkelmann ruled that the search warrant used against Dotcom was illegal. Here is an article --> http://www.smh.com.au/technology/technology-news/dotcom-search-warrants-ruled-illegal-20120628-214ps.html
maybe by Anonymous Coward · 2013-01-16 07:05 · Score: 0

Maybe , just maybe an american company should not have started suing Canadians especially using such flimsy evidence and maybe they should be focusing there economy and people rather then imaginary property.
Re:The Unholy Shit by Anonymous Coward · 2013-01-16 07:56 · Score: 0

This reminds me of a post long ago about a guy who ate his bullies shit that I read on here. It was a weird read but I couldn't stop for the life of me.
Extra work to create a "mirror image"? by Anonymous Coward · 2013-01-16 08:05 · Score: 0

Wouldn't they want a bit for bit copy rather than a "mirror image"?
Or did they mean ROT13...
Wrong Area by Phrogman · 2013-01-16 10:42 · Score: 1

You're just n the wrong part of Canada:
http://www.theweathernetwork.com/weather/cabc0313
4 Deg Celsius and Partly Cloudy. It will likely rain later tonight, whatever the forecast says.

--
"The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid