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KickassTorrents Lawyer: 'Torrent Sites Do Not Violate Criminal Copyright Laws' (arstechnica.co.uk)

Posted by BeauHD on from the international-law dept.

An anonymous reader quotes a report from Ars Technica: Lawyers representing Artem Vaulin have filed their formal legal response to prosecutors' allegations of conspiracy to commit criminal copyright infringement, among other charges. Vaulin is the alleged head of KickassTorrents (KAT). KAT was the world's largest BitTorrent distribution site before it was shuttered by authorities earlier this year. Vaulin was arrested in Poland, where he now awaits extradition to the United States. "Vaulin is charged with running today's most visited illegal file-sharing website, responsible for unlawfully distributing well over $1 billion of copyrighted materials," Assistant Attorney General Leslie Caldwell said in a July 2016 statement. The defense's new 22-page court filing largely relies on the argument that there is no such thing as secondary criminal copyright infringement. While secondary copyright infringement as a matter of civil liability was upheld by the Supreme Court in MGM v. Grokster in 2005, Vaulin and his associates have been charged criminally. "The fundamental flaw in the government's untenable theory of prosecution is that there is no copyright protection for such torrent file instructions and addresses," [the brief's author, Ira Rothken,] argued in his Monday motion to dismiss the charges against Vaulin. "Therefore, given the lack of direct willful copyright infringement, torrent sites do not violate criminal copyright laws." "The extradition procedures have formally been started by the US in Poland," Rothken told Ars. "We are in a submissions or briefing period, and our Polish team is opposing extradition." Rothken also said that he has yet to be allowed to meet or speak directly with his client. For now, Rothken has been required to communicate via his Polish counterpart, Alek Kowzan. "Maybe they are afraid that Artem's extradition defense will be enhanced if American lawyers can assist in defending against the US extradition," Rothken added. No hearings before US District Judge John Z. Lee have been set.

4 of 80 comments (clear)

  1. Cool story bro by bcarson · · Score: 5, Insightful

    What's really important is that the judges agree.

    1. Re:Cool story bro by penguinoid · · Score: 4, Insightful

      What's really important is whether the judge follows the law or makes a ruling that is against the law because the judge thinks the law is flawed and should be changed at his discretion.

      --
      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
  2. Extradition? by Anonymous Coward · · Score: 3, Insightful

    I don't get how everybody on this planet an his dog can be extradited to the fucking USA at their whims. The guy isn't even a US citizen...

  3. Re:He's also charged with money laundering. by Anonymous Coward · · Score: 2, Insightful

    I think the point is that everything covered by money laundering is covered by other laws that were existing at the time, either the root crime generating the ill gotten gains, or the account fraud that takes place with laundering. The problem is that it's easier just to make up magic new laws than do police work.