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Judge Allows Kim Dotcom To Livestream Court Hearing (mashable.com)

Kim Dotcom has been granted the right to livestream his extradition appeal on YouTube. The appeal hearing began Monday, but will be livestreamed tomorrow because "the cameraman needs to set this up professionally and implement the judge's live streaming rules." tweets Kim Dotcom. Mashable reports: "The United States, which wants Dotcom extradited from New Zealand, is against the request. Dotcom says a livestream is the only way to ensure a fair hearing. The U.S. is seeking the extradition of Dotcom and other Megaupload co-founders in hopes of taking them to court in America on charges of money-laundering, racketeering and copyright infringement. The charges stem from the operation of file-sharing website Megaupload, founded by Dotcom in 2005 and once the 13th most popular website on the internet. Users could upload movies, music and other content to the site and share with others, a practice the U.S. considers copyright infringement. The website reportedly made around $175 million before the FBI took it down in 2012. The U.S. says Megaupload cost copyright holders around $500 million, though Dotcom says it's not his fault users chose to upload the shared copyrighted material. Dotcom was arrested in 2012 after police raided his home, but was released on bail. A judge ruled in favor of his extradition to the U.S. in 2015, though Dotcom said at the time the judge was not interested in a fair hearing." Dotcom plans to revive Megaupload on January 20, 2017, urging people to "buy bitcoin while cheap," since he claims the launch will send the bitcoin price soaring way above its current $575 value. Every file transfer taking place over Megaupload "will be linked to a tiny Bitcoin micro transaction," Dotcom posted on Twitter.

72 comments

  1. Hilarious by Anonymous Coward · · Score: 1

    So... I'm not going to pay the actual rights holder for the material... but I'm going to pay someone else? Not really following the logic here.

    1. Re: Hilarious by Anonymous Coward · · Score: 0

      Not to mention all the companies that used it as backups before dropbox existed

    2. Re:Hilarious by Anonymous Coward · · Score: 0

      Why is this -1? Some mod has his head where the sun don't shine? +1 Insightful is more like it.

  2. Kim Dot Who Gives A F*ck by Anonymous Coward · · Score: 0

    Hasn't this guy used up his 15 minutes by now?

    1. Re:Kim Dot Who Gives A F*ck by Anonymous Coward · · Score: 1

      Even IF he is guilty as sin, he should be treated as innocent until proven. They have done many highly questionable and possibly illegal stuff to try and get at him. If you can't bring in a guilty party by following the law, you have no just society.

  3. Re:Selling stolen stuff by Anonymous Coward · · Score: 5, Informative

    Copyright infringement is not theft.

  4. Re:Selling stolen stuff by Anonymous Coward · · Score: 4, Informative

    Maybe, if he was American.
    This is illegal anyways, you can't be extradited to countries known to torture prisoners.

  5. Not Selling stolen stuff by Okian+Warrior · · Score: 5, Insightful

    This guy was selling stuff stolen from US companies, and he doesn't think he should have to answer charges in the US?

    Was he selling stolen things? Or did he make illegal copies and sell those?

    Did he actually copy and sell things? Or was it the users who sold the illegal copies?

    Did the users actually sell stolen copies? Or did they just give them away to others?

    Did he have a DMCA-style takedown process?

    What did he do different from DropBox and other online storage sites?

    Was he a US citizen, or ever been to the US? Did his company operate in the US?

    Were his crimes violent and criminal in nature, which would warrant extradition, or is this essentially a civil case?

    1. Re:Not Selling stolen stuff by Anonymous Coward · · Score: 1

      "What did he do different from DropBox and other online storage sites"

      1. Crucially, they didn't remove infringing material when put on notice. Instead, they just removed particular specified URLs. They left the infringing files on the MU servers and (knowingly) continued to serve up them up via different URLs/accounts. This takes them outside any safe-harbor provisions IMHO.

      2. They financially incentivized people to share links, and their own Skype chats confirm that they knew that most of the sharing was of copyright-infringing material e.g. popular movies and music etc (and why else would your links be so popular?). Yet they continued doing it because the money flowed in.

    2. Re:Not Selling stolen stuff by Curtman · · Score: 2

      Were his crimes violent and criminal in nature, which would warrant extradition, or is this essentially a civil case?

      I don't think that will make the slightest bit of difference. Marc Emery was extradited to the US for selling seeds. Something that thousands of people are selling in a large number of states with no repercussions. Not a single person existed to say they were even harmed by him let alone suffered violence. The American government abducted a Canadian who had never set foot in the USA let alone committed any crimes there and held him for 5 years alongside murderers and rapists.

    3. Re:Not Selling stolen stuff by SaroDarksbane · · Score: 2

      1. Crucially, they didn't remove infringing material when put on notice. Instead, they just removed particular specified URLs.

      Not all links are infringing, though. For example, imagine that if every time a video on Youtube got a take down notice, Youtube removed all copies of that video. How many official (and therefore non-infringing) videos would get removed?

      It would be rather perverse if doing data de-duplication on identical files made someone guilty of contributory copyright infringement, given that the result would be fewer existing copies of the data than otherwise.

    4. Re:Not Selling stolen stuff by Anonymous Coward · · Score: 1

      Right, I used to work for a online storage company (not naming names, but its big claim to fame used to be that You could Send It, before it renamed itself and decided to Hightail it out), and we would get takedown notices all the time. What did we do? Nuke the access to the URL but kept the files pending whatever processes.

      You know what else? We also would keep serving up 'the same file' if our storage deduplicated it on the backend. We didn't write it, (well we did the orginal version but that is neither here nor there) but instead adopted a COTS solution which would do dedup on stripes. So the same file could infact be served multiple times. It was not our job to go through and figure out which of those other url refs were legitly holding a license for distribution or not.

    5. Re:Not Selling stolen stuff by Kabukiwookie · · Score: 1

      they didn't remove infringing material when put on notice

      1) This was a New Zealand company, not subjected to US law, however much you'd like US law to apply world-wide.

      2) The company did actually comply to DMCA requests as a courtesy and was actually asked by the FBI to retain certain copyright infringing material. These FBI requested files, are now being used to prove that copyright was being infringed. Even though this was only retained at the behest of the FBI.

      --
      The mountains of madness have many little plateaus of sanity - Terry Pratchett.
    6. Re:Not Selling stolen stuff by Coren22 · · Score: 1

      If what Marc did was so innocent, why did he plead guilty to the charge and take a 5 year prison sentence?

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    7. Re:Not Selling stolen stuff by Curtman · · Score: 1
      What other choice was there? Not take the deal and possibly end up with a life sentence along with the thousands of other non-violent offenders you folks have incarcerated? The U.S. justice system is completely broken. The lack of a victim in these "crimes" should rule out incarceration.

      How a first-time drug charge became a life sentence for this mother of two

      Update: President Obama granted Brant a clemency on Dec. 18, 2015, along with 94 other federal inmates. She was released from prison on Feb. 2, 2016
      ...
      "I'm like, 'I didn't kill anybody,'" Brant told me. "They say, 'So what did you do?' 'Well, I was in a relationship with a guy who dealt drugs.' And they're like, 'That's it?' "
      ...
      She's spent the last 21 years of her life behind bars on a first-time, nonviolent drug conspiracy charge.

      Nobody in the history of Canada has ever been imprisoned for selling cannabis seeds. Strangely enough, when a U.S. citizen is caught selling illegal firearms across the border, your government refuses to extradite because it's not a crime in the U.S..

      Strange?

  6. Re:Selling stolen stuff by guruevi · · Score: 4, Informative

    No he wasn't. He was simply providing a platform to host online files. All he did was not bend to US media cartels the way YouTube or Dropbox did nor give the US government control over the systems the way Amazon or Microsoft does. At one point his system was considered the best file upload facility as it was fully encrypted so no company or government could see what actually was on it.

    The US government wanted him, a company not even based out of the US, to implement DMCA controls similar to YouTube's (where any one could claim infringement and the content taken down), he refused and his site was taken offline and he was arrested.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  7. Re:Hurry up and get the fuck out of my country Kim by Anonymous Coward · · Score: 5, Funny

    For Non-NZers wondering how a NZer might disagree to another NZer on this issue, please enjoy:

    I can see you are yet another right wing National supporting cunt with his head up his arse. Take John Key's cock out of your mouth for a minute and you might make better points you stink hua.

    Love him or hate him, the process by which Dotcom was buggered by these arse bandits was a complete balls up. The GCSB broke the law, your mate Key lied about it and before K-bar is charged with anything an entire business and all its employees were flushed down the gurgler.

    And for what? For doing what youtube still do!

    It bullocks plain and simple.

  8. Re:Selling stolen stuff by SumDog · · Score: 3, Informative

    Copyright infringement. Theft is a criminal act. Copyright infringement is civil. Civil violations shouldn't result in extraditions ever.

    If the movie giants weren't behind this; if someone distributed petabytes of indie films that barely had enough to get their films out, this case would have never gotten this far.

  9. Re:Selling stolen stuff by svanheulen · · Score: 1

    He's not being charged with theft. He's being charged with "secondary copyright infringement" ... which isn't a crime in the US or in New Zealand. On top of that, because he is legally fighting his extradition, they are saying he's a fugitive and that they can seize all of his assets (so he will have no way to defend himself if he does get extradited).

  10. Pay to Play by beachmike · · Score: 2

    He didn't pay tribute to Hillary at The Clinton Foundation, otherwise he never would have had any problems.

    1. Re:Pay to Play by Anonymous Coward · · Score: 0

      Well this is in New Zealand, so you're right in that he forgot to pay tribute to Hilary but it's a different Hilary

    2. Re:Pay to Play by beachmike · · Score: 1

      His legal problems are in the United States, so he should have paid a bribe to The Clinton Foundation, a corrupt racketeering organization under the RICO act.

    3. Re:Pay to Play by Anonymous Coward · · Score: 0

      Every election is the lesser of two evils however this election seems to be almost zealot despotism vs fascist communism. Either way we're going to lose big. The illusion that congress or citizens are in control of the US is perpetuated by the media... same thing that happened in Nazi Germany during the rise of Hitler. Those who ignore history are doomed to repeat it... or use it as a blueprint to get what they want. No one ever talks about the people that funded Hilter's rise to power. There have always been financial interests that try to rule from the shadows. It's human nature and likely what will cause our downfall as a species. Only psychotic people reach for that much power and control. Expecting politicians to act like the rest of us is statistically speaking, a faux pas.

    4. Re:Pay to Play by Anonymous Coward · · Score: 1

      Dotcom couldn't ever have competed with the Clinton Hollywood fanbois who not only fling $$$'s ay Hill the shill, they give her cleb brown-noses for as long as she continues to show obeisance to aipac.
      Dotcom did do everything he could to stay legit - he spend a lot of resources instituting a comprehensive DMCA takedown protocol but the same old same olds, kept issuing blanket takedowns right across IP that they had no legal title to. Megaupload received thousands of complaints from IP owners, producers, and distributors who used MU as a more economic method of distributing their free output. They became so angry that their IP had been taken down that MU had to painstakingly go through every take-down request to establish title, a lengthy and complex process exacerbated by publishers who saw their long term interests lay in slowing the whole thing down to create a false paradigm of MU as 'pirates'. Even so MU takedown times rivalled much bigger entities who have never been considered for persecution, sorry, 'prosecution'.

    5. Re:Pay to Play by Anonymous Coward · · Score: 0

      That's a joke, son. You're built too low. The fast ones go over your head. Ya got a hole in your glove. I keep pitchin' 'em and you keep missin' 'em. Ya gotta keep your eye on the ball. Eye. Ball. I almost had a gag, son. Joke, that is.

    6. Re: Pay to Play by Anonymous Coward · · Score: 0

      No I'm sorry, "fascist communism" isn't in the list. Would you like to have another try at random political buzzword bingo?

    7. Re:Pay to Play by Anonymous Coward · · Score: 0

      Oh look, a someone who thinks one of the evils actually is lesser. You are in for a surprise.

    8. Re:Pay to Play by Coren22 · · Score: 1

      Funny enough, they both apparently use two "L"s in the spelling of their names, while you used one.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    9. Re:Pay to Play by Coren22 · · Score: 1

      FYI, complaining about one candidate does not automatically imply that a person supports the other. I hate all four current candidates, but frankly, there wasn't even someone better in the primaries either.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  11. Hooray liberals by Anonymous Coward · · Score: 0

    Some fat pompous ass opens a private file locker site and some people use it to infringe copyright. He needs to be punished for this vile, illegal behavior.

    Some old pompous ass opens a private email server and lies to the FBI and Congress about it containing classified information. No reasonable prosecutor would bring charges.

    1. Re:Hooray liberals by Anonymous Coward · · Score: 0

      Go cunt your fuck you stupid cunt

    2. Re: Hooray liberals by Anonymous Coward · · Score: 0

      Some old pompous ass decided he wants to be President and lies to everyone about everything all the time. People love him.

  12. Re:Selling stolen stuff by Anonymous Coward · · Score: 0

    He's not being charged with theft. He's being charged with "secondary copyright infringement" ... which isn't a crime in the US or in New Zealand.

    He's been charged with felony copyright infringement. And racketeering, wire fraud, and money laundering - all crimes in the US and New Zealand.

  13. 18 U.S. Code S 2319 - Criminal infringement of a c by raymorris · · Score: 0

    18 U.S. Code S 2319 - Criminal infringement of a copyright

    As well as several other crimes.

    Sometimes, facts come in handy.

  14. Re:Selling stolen stuff by Anonymous Coward · · Score: 0

    So what does that tell you? Laws and inalienable rights have no meaning when whole countries can be bought outright.

  15. Re:Hurry up and get the fuck out of my country Kim by Anonymous Coward · · Score: 0

    Bollocks.

    (Not bullocks, bollocks).

  16. Re:Hurry up and get the fuck out of my country Kim by wbr1 · · Score: 1

    My kingdom for mod points, not just for the opposing view, but the wonderfully blue way in which it was presented.

    --
    Silence is a state of mime.
  17. Re:Selling stolen stuff by Anonymous Coward · · Score: 0

    Do tell why.

  18. Re:Selling stolen stuff by BitterOak · · Score: 2

    No he wasn't. He was simply providing a platform to host online files. All he did was not bend to US media cartels the way YouTube or Dropbox did nor give the US government control over the systems the way Amazon or Microsoft does. At one point his system was considered the best file upload facility as it was fully encrypted so no company or government could see what actually was on it.

    The US government wanted him, a company not even based out of the US, to implement DMCA controls similar to YouTube's (where any one could claim infringement and the content taken down), he refused and his site was taken offline and he was arrested.

    If what he was doing was so above board, why didn't he sell advertising on his site in an open and honest way? Why all the money laundering and hidden transactions? He made it clear from the way he handled money from his advertisers that he knew he was doing something wrong.

    --
    If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
  19. Re:Selling stolen stuff by Anonymous Coward · · Score: 0

    What a fantastic response. Surely this is the greatest response by anonymous in the history of Slashdot. Mod parent up.

  20. Re:Selling stolen stuff by svanheulen · · Score: 1

    Well of course it's felony, it always is when copyright infringement is criminal and not civil. But you're missing the most crucial part: they are NOT charging him with "copyright infringement" they're charging him with "secondary copyright infringement". Which is not a crime. It can be a civil issue, but there is no such thing as criminal secondary copyright infringement. And all the other charges hinge on that first charge. https://torrentfreak.com/presi...

  21. Re:18 U.S. Code S 2319 - Criminal infringement of by svanheulen · · Score: 4, Insightful

    Well to be fair, they're actually trying to charge him with "criminal secondary copyright infringement" which is not a real thing. Secondary infringement is a civil issue and has never been defined as criminal. https://torrentfreak.com/presi...

  22. Re:hopefully though by Anonymous Coward · · Score: 0

    The laws can be changed to say that calling someone stupid is rape. It doesn't make it so.

  23. Re:Hurry up and get the fuck out of my country Kim by Anonymous Coward · · Score: 0

    I realized after I hit send.

  24. Re:Selling stolen stuff by Anonymous Coward · · Score: 3, Insightful

    So are you saying he made his own version of the Double Dutch Irish Sandwich to pay as little tax as possible?

    Wake me when Apple and the rest are prevented from doing that by being raided.

  25. Re:Selling stolen stuff by Anonymous Coward · · Score: 0

    Information is closer to speech than to goods.
    He was exercising free speech, but US companies doesn't like that.

    Or perhaps free speech only allows for hinting that people should kill someone you don't like, not communicating works of "art"?

  26. Re:Selling stolen stuff by Opportunist · · Score: 1

    Hmm... probably because old habits die hard...

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  27. Re:Selling stolen stuff by AmiMoJo · · Score: 2

    I wanted to ask about this. EU countries have either refused extradition or required guarantees about how their citizens will be treated by the US. Does New Zealand have similar human rights laws?

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  28. Re:Selling stolen stuff by Anonymous Coward · · Score: 0

    Why all the money laundering and hidden transactions?

    You mean that think American companies have been getting away with for well over a century?

    Oh yeah...

  29. Re:Hurry up and get the fuck out of my country Kim by Anonymous Coward · · Score: 0

    How cute.

  30. Re:Hurry up and get the fuck out of my country Kim by jonwil · · Score: 1

    The New Zealand government has been bowing down to the US government for years. Look at what they did to Bruce Simpson where the NZ tax office was used to shut down his "cruise missile" project (actions that were illegal under the laws the tax office is supposed to operate under I believe).

  31. justice demands by jmcvetta · · Score: 3, Insightful

    Justice demands that all trials be live streamed. The kangaroo courts cannot be trusted. All their actions must be subject to monitoring by the people.

    1. Re:justice demands by ChunderDownunder · · Score: 1

      New Zealand, mate. Different continent - no kangaroos.

    2. Re: justice demands by jmcvetta · · Score: 1

      The kind of kangaroos I had in mind can be found throughout the United States, and are especially abundant in the eastern district of New York. No doubt New Zealand has their fair share of judicial marsupials as well.

    3. Re:justice demands by inking · · Score: 1

      Rather all public trials. You really don't want to stream divorce trials to the whole world. Which currently non-public trials should be public though is a different question.

    4. Re:justice demands by jmcvetta · · Score: 1

      On one hand, I don't have any particular desire to see divorcing couples' dirty laundry spread all over the internet. But on the other hand, I've known a few too many people who were basically thrown under the bus by biased divorce courts. So I'm really not sure if keeping some trials secret is all that good an idea.

    5. Re:justice demands by inking · · Score: 1

      Don't take it the wrong way, but "biased courts" in developed countries are usually synonymous with bitter losers. You can argue that the laws are biased—some of them are, but arguably justifiably so—in which case you should really be running a lobby to append them, but if you feel that the judge is the one who is not applying the law correctly, you always the have option to appeal. At a certain point, it is a question of whether the whole justice system across multiple courts consists exclusively of biased hypocrites or if it is the individual refusing to understand why a certain judgement was applied.

    6. Re: justice demands by jmcvetta · · Score: 1

      Hahaha - lobby to amend the badlaws. Sorry my brother, I don't have millions to spend on lawful bribes. And I have no family connections. So truly, no one in power gives a shit about my opinions.

      Fwiw, I personally have managed to stay clear of the infernal meat grinder that is the "justice" system. Thank the gods! But I've seen it at work, and it's appalling. I struggle to think of a single good thing to say about it. I suppose I can say it's taught me to distrust the juridical form in general as a fundamentally anti-popular vestige of aristocracy in nominally democratic states.

    7. Re: justice demands by inking · · Score: 1

      They are not bad law, they are laws you personally think are bad. This is generally a fairly common practice among individuals without legal training. Furthermore, the idea that lobbies are somehow restricted to the rich and powerful is rather absurd. You are more than welcome to donate to a number of foundations, whose exact purpose is representing your interests. If your opinion is popular enough, it will get traction. You should also watch fewer legal dramas.

    8. Re: justice demands by jmcvetta · · Score: 1

      I watch zero legal dramas. Ever. They make me physically sick to my stomach.

      Right - not bad laws - badlaws. No space, single word. Correct politics begins with correct language.

      If you think the political system in the States represents the interests of commoners, I do NOT want some of what you're smoking. That shit is too strong for me. I need to be able to walk home.

      If "legal training" is necessary to appreciate the value of the badlaws, that only reinforces my point about the anti-popular nature of the juridical form. Are you a lawyer? Maybe you're one of the "good" ones. After all, comrade Castro was an attorney before he gained political awareness. But please realize, meaningful political change will be painfully, generationally slow so long as the kourts rule America.

  32. Re:Selling stolen stuff by Anonymous Coward · · Score: 0

    ... to implement DMCA controls ...

    If he was half the con-artist his detractors claim, he would have obeyed US-style laws for $1,000 per file. He can legally charge charge for services rendered to copyright holders. YouTube didn't implement the DMCA system: Sony and other RIAA members were protected from take-down provisions, with YouTube committing fraud on their behalf, while those same members could automatically take-down files belonging to other rights holders.

    ... providing a platform to host online file ...

    The US prosecutors will undoubtedly claim more serious offences such as attempting to "launch a nuclear missile". A live-feed will limit such dishonesty and enable an honest hearing.

  33. Re:18 U.S. Code S 2319 - Criminal infringement of by Anonymous Coward · · Score: 1

    US Code? We're not talking about a US citizen, so US laws do not apply to him. Go away troll.

  34. Re:Hurry up and get the fuck out of my country Kim by Anonymous Coward · · Score: 0

    (AU perspective chiming in) No idea what you mean, that's just how normal people talk. Though I personally would've replaced "bullocks" with "bullshit". Kiwis are a bit too polite sometimes.

  35. Re:18 U.S. Code S 2319 - Criminal infringement of by Anonymous Coward · · Score: 0

    Either your comment is missing several steps in the logic, or you think US laws don't apply to non-US citizens.
    There are several broad circumstances in which they do. In the Internet age these circumstances occur more and more often.

  36. Re:18 U.S. Code S 2319 - Criminal infringement of by Anonymous Coward · · Score: 0

    I heard they had him on double secret probation for a couple years.

  37. Re:18 U.S. Code S 2319 - Criminal infringement of by Kabukiwookie · · Score: 1

    US laws only apply to events within US jurisdiction.

    A company operating from New Zealand does NOT fall under US jurisdiction.

    What you're implying, would make Saudi Arabian law enforceable in the US. I'd like to see someone being extradited to SA from the US for being pro-democracy, something which apparently gets you crucified (literally) in SA.

    Unless of course, you're attempting to imply that US law should be enforceable everywhere else, but the reverse should not be the case.

    --
    The mountains of madness have many little plateaus of sanity - Terry Pratchett.
  38. #19 in the US - New Zealand extradition treaty by raymorris · · Score: 1

    > US laws only apply to events within US jurisdiction.
    > A company operating from New Zealand does NOT fall under US jurisdiction.

    Extradition is governed by treaties, which are law in both countries. They tend to be either list type, which explcitly list extradictable offenses, or "common criminality" type, in which someone guilty of a crime can be extradicted if it's a crime in BOTH countries.

      The US - New Zealand treaty, which is law in New Zealand, is the list type. It says people can be extradited for specific acts such as "receiving or transporting unlawfully obtained money". (That one applies, via the Berne Convention on copy rights.)

    > What you're implying, would make Saudi Arabian law enforceable in the US.

    No for two reasons. First, there's no US-Saudi extradition treaty. Second, if there were, it would be either a "common criminality" treaty which applies to acts which are criminal IN THE US, or a list type, which lists the acts. Neither applies the law of Saudi Arabia, unless the US has the same law.

    > should be enforceable

    I'm confused. You started with. "US laws only apply ...", and "does not fall"under the jurisdiction"n making (very incorrect) claims about what the law -is-. Then right at the end you say "should be". Are you talking about what the law -is- or what you think it -should be-?

      Actually it's suprisingly common to confuse the two. I very often read people declaring what the law is, and explaining why it should be so. Of course those are two mostly unrelated things. You may have great ideas about what the law -should- be, and it's tempting to forget that has no bearing on what the law actually is.

    On that note, my explanation above is concerning what the law is, not what I think I should be. I didn't write the law, I only read it.