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Kim Dotcom Wins Case Against NZ Police To Get Seized Material Back

New submitter Mistakill writes "It seems the case against Kim Dotcom for the NZ Police isn't going well, with Kim Dotcom scoring another victory in his legal battles. Police have been told they must search everything they seized from Dotcom and hand back what is not relevant to the U.S. extradition claims. Justice Helen Winkelmann told police their complaints about the cost and time of the exercise were effectively their own fault for indiscriminately seizing material in the first place. She wrote, 'The warrants could not authorize the permanent seizure of hard drives and digital materials against the possibility that they might contain relevant material, with no obligation to check them for relevance. They could not authorize the shipping offshore of those hard drives with no check to see if they contained relevant material. Nor could they authorize keeping the plaintiffs out of their own information, including information irrelevant to the offenses.'"

28 of 111 comments (clear)

  1. A confederacy of douchebags. by serviscope_minor · · Score: 5, Insightful

    Kim Dotcom really comes across as an amazing douche.

    The thing is that in this everyone else in this whole saga is SO douchey that he actually manages to come across as a sympathetic character.

    It's really quite incredible if you think about it.

    --
    SJW n. One who posts facts.
    1. Re:A confederacy of douchebags. by slashmydots · · Score: 3, Interesting

      I disagree. In this level of douche vs douche, I automatically side with absolutely nobody and just hope it's as large of a train wreck as possible. The fact that this is getting sorted out is really unfortunate.

    2. Re:A confederacy of douchebags. by dbIII · · Score: 4, Insightful

      That's what happens when due process is ignored. Governments just come across as bullies when they ignore their own rules.

    3. Re:A confederacy of douchebags. by serviscope_minor · · Score: 5, Insightful

      The fact that this is getting sorted out is really unfortunate.

      Really? I would say that the rule of law shouldn't be suspended simply because the accused is a massive (to quote an AC from a previous thread) chucklefuck.

      Really, it's best for everyone if he wins this, because despite being a prat he was subject to a massive abuse of the law from several governments simultaneously. It's far more important that the rule of law is maintained than one dickhead gets away with being a dickhead.

      --
      SJW n. One who posts facts.
    4. Re:A confederacy of douchebags. by poetmatt · · Score: 4, Insightful

      it's not as incredible as a complete shitpost for a first post that has no relation to the situation and instead is an ad hominem comment about Kim Doctom. Whether he has an ego or not, whether he's douchey or not, who *cares*?

      the problem is the US government is breaking the law just to try to prosecute file sharers, and no government in the world (including the US's own caselaw) really support this concept.

    5. Re:A confederacy of douchebags. by nedlohs · · Score: 3, Interesting

      Yeah sure. From the boring point of view justice and so on.

      From the entertainment side though, not so much.

    6. Re:A confederacy of douchebags. by Anonymous Coward · · Score: 5, Interesting

      In this level of douche vs douche, I automatically side with absolutely nobody

      One douche is a threat to no one. Another douche is a threat to you, me, and pretty much anyone in the world. (Wow, how often do you get to say something that grandiose and sweeping without it being an exaggeration?!)

      Root for the first douche, this time. It's ok for him to lose, but it really is important that the second douche lose much worse, publicly and with the most exposure and embarrassment possible. The second douche needs to know that all societies and laws hold them in utter and complete contempt. (The first douche, otoh, already knows that.) And any politician who ever hopes to be elected in the US, needs to know that "fire those guys" absolutely must become a part of his platform. If someone can run for next President or next term of Congress without publicly stating they intend to clean house at the DoJ, then we aren't making enough noise.

    7. Re:A confederacy of douchebags. by fustakrakich · · Score: 4, Insightful

      Correction, rules are for poor people...

      --
      “He’s not deformed, he’s just drunk!”
    8. Re:A confederacy of douchebags. by Salgak1 · · Score: 3, Interesting

      . . .because rich people own governments anyway.

      For example, the current administration is a wholly-owned subsidiary of Goldman-Sachs. The previous administration appeared to by owned by a combine of Halliburton and the major Defense contractors.

      The question is, which of our Corporate Masters will own the NEXT administration . . .

  2. Goodness me, apparently NZ justice is real by Anonymous Coward · · Score: 5, Funny

    An overzealous police force being made to face the consequences of its own misconduct?

    What a country!

    1. Re:Goodness me, apparently NZ justice is real by SilentStaid · · Score: 5, Insightful

      If by consequences you mean that no one is being taken to task for this massive invasion of privacy even though it doesn't take a legal eye to see that the mad grab of Kim's assets was retarded. They basically were able to take his stuff for months and their penalty was to... give copies of it back? Awesome.

      You do realize, that they already sent copies of the hard drives across the ocean to the States. And no matter what that NZ judge says... Kim is already guilty according to our most important citizens - business. This is data they had no right (literally) to take. He's a dick - but they're worse.

    2. Re:Goodness me, apparently NZ justice is real by swb · · Score: 4, Interesting

      Failure to abide by the decision may influence the court's decision to extradite him.

    3. Re:Goodness me, apparently NZ justice is real by Salgak1 · · Score: 3, Funny

      To paraphrase a golden oldie. . .

      Kim Dotcom is a dick! He's a reckless, arrogant, stupid dick. And the US DOJ are pussies. And the RIAA is an asshole. Pussies don't like dicks, because pussies get fucked by dicks. But dicks also fuck assholes: assholes that just want to shit on everything. Pussies may think they can deal with assholes their way. But the only thing that can fuck an asshole is a dick, with some balls. The problem with dicks is: they fuck too much or fuck when it isn't appropriate - and it takes a pussy to show them that. But sometimes, pussies can be so full of shit that they become assholes themselves... because pussies are an inch and half away from ass holes. I don't know much about this crazy, crazy world, but I do know this: If you don't let us fuck this asshole, we're going to have our dicks and pussies all covered in shit!

      You know, it's a sad world, when "Team America" dialogue fits a real-world situation. . . .

  3. Re:Escape clause included for police by Anonymous Coward · · Score: 3, Informative

    If they do that, the judge will *know* they are lying, and will hit them even harder. There were *plenty* of perfectly legitimate files on those servers. People have tried suing to get access to their files. All of that is on the record.

  4. A fair conclusion by Anonymous Coward · · Score: 3, Insightful

    Granted, considering the volume of information would be problematic to sift through, but is it fair to say

    "since there's so much, let's just seize the lot, including every person's legitimate files stored there and keep them to ourselves"?

    Like that wouldn't backfire..

    1. Re:A fair conclusion by CanHasDIY · · Score: 4, Informative

      Granted, considering the volume of information would be problematic to sift through, but is it fair to say

      "since there's so much, let's just seize the lot, including every person's legitimate files stored there and keep them to ourselves"?

      Like that wouldn't backfire..

      That's what they get for using American-style strongarm tactics, without an American-style kangaroo court system to back them up.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
  5. Re:Escape clause included for police by Bitsy+Boffin · · Score: 3, Informative

    They also were ordered to give Kim a copy of everything that they are keeping.

    --
    NZ Electronics Enthusiasts: Check out my Trade Me Listings
  6. Re:Cost by CanHasDIY · · Score: 4, Interesting

    I don't think that would fly since, as you quoted, the judge pointed out that the expenses were their own damn fault.

    Now, if the citizens of NZ decided to sue their government for wasting so many resources on a personal vendetta against a single individual... THAT I can see making it to court.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  7. Re:kim dotcom by Anonymous Coward · · Score: 5, Insightful

    Its the rights of assholes and attention whores you have to stand up for. Once those are violated, you get a precedent. Don't let it happen.

  8. Re:kim dotcom by Anonymous Coward · · Score: 3, Funny

    Can we have a month hiatus on Kim Dotcom stories? Please??

    Never mind, make it a permanent hiatus. He's now just a grandstanding figure and I think he is beyond the "news for nerds" scope that /. was supposed to have.

    Seconded. Then we can focus more on John McAfee.

  9. Meanwhile, in America by EmagGeek · · Score: 4, Informative

    Innocent motorists are routinely relieved of their cash and belongings by police, without ever being charged with a crime, and with no recourse to recover their stolen property.

    They should just extradite him to the US along with all of his seized property, and then the US government can just keep it forever under its insane civil forfeiture laws.

    1. Re:Meanwhile, in America by Anonymous Coward · · Score: 4, Informative

      If the FBI could get him to the US, they'd put him in a room with a single agent with no camera or recording device. He'd decide to sign a confession, but just before he did he'd try to attack the agent and he'd have to be shot dead with an entire magazine's worth of bullets.

  10. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  11. Re:kim dotcom by xclr8r · · Score: 3, Insightful

    It's less about Kim and more about the elements that come into play in a seizure of tech/files. If Slashdot uses any cloud services or other tech that accesses/points to files then this is relevant to our issues. This also deals with international laws and how they are enforced between jurisdictions. Not many people like Larry Flynt but there is value in seeing how his story played out, the same goes for Kim.

    --
    Beware of those who profit off the docile and persecute the unbelievers.
  12. Re:kim dotcom by Anonymous Coward · · Score: 5, Funny

    Kim Dotcom sold me a 3D printed Raspberry Pi for 20 Bitcoins you insensitive clod!
    I used it to program an Arduino based robot that will deliver GMO wheat to Julian Assange.

  13. Re:kim dotcom by tqk · · Score: 4, Insightful

    Do we really need any more info about this attention whore?

    Is he the attention whore, or are the authorities? It seems to me he's just defending himself, while the Keystone Cops are going out of their way to maximize any and all bad press that can possibly be brought against them. Whether we know all the intricasies in the law is one thing, but shouldn't the cops have at least some competence in wielding it? They've apparently forgotten entire swaths of related concepts such as warrant procedure, jurisdictions, evidence handling, ... How do they retain their jobs with this level of performance?

    --
    "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
  14. Amateur douchebags. by drainbramage · · Score: 4, Insightful

    You want to see how it is really done check out washington d.c.
    Douchery with the almost complete complicity and full support of the press.
    You want to do this kind of stuff, you need the press.

    --
    No brain, no pain.
  15. Re:kim dotcom by Xest · · Score: 5, Insightful

    Oh do fuck off.

    This is an important case for the boundaries of where the line between legitimate hosting and illegal file sharing is drawn.

    It's about as important and relevant as any news you can get on Slashdot because the result of it has real repercussions - either the internet is safe from the authorities arbitrarily shutting down hosting companies because they feel like it, or the authorities win another battle to the point where state/law enforcement based censorship slips even further towards companies like Google also being guilty of supporting infringement to a legally culpable degree.

    Can we have a permanent hiatus on you commenting instead?