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Megaupload case may never go to court

Discussion in 'BlackHat Lounge' started by GreenGoblin, Apr 21, 2012.

  1. GreenGoblin

    GreenGoblin BANNED BANNED

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    Take this as a grain of salt

    http://torrentfreak.com/megaupload-trial-may-never-happen-judge-says-120420/


    A US judge has put a bomb under the Megaupload case by informing the FBI that a trial in the United States may never happen. The cyberlocker was never formally served with the appropriate paperwork by the US authorities, as it is impossible to serve a foreign company with criminal charges.

    kim dotcomThe US Government accuses Kim Dotcom and the rest of the ?Mega Conspiracy? of running a criminal operation.

    Charges in the indictment include engaging in a racketeering conspiracy, conspiring to commit copyright infringement, conspiring to commit money laundering and two substantive counts of criminal copyright infringement.

    While the prosecution is hoping to have Megaupload tried in the US, breaking news suggests that this may never happen.

    It turns out that the US judge handling the case has serious doubts whether it will ever go to trial due to a procedural error.

    ?I frankly don?t know that we are ever going to have a trial in this matter,? Judge O?Grady said as reported by the NZ Herald.

    Judge O?Grady informed the FBI that Megaupload was never served with criminal charges, which is a requirement to start the trial. The origin of this problem is not merely a matter of oversight. Megaupload?s lawyer Ira Rothken says that unlike people, companies can?t be served outside US jurisdiction.

    ?My understanding as to why they haven?t done that is because they can?t. We don?t believe Megaupload can be served in a criminal matter because it is not located within the jurisdiction of the United States,? Rothken says.

    Megaupload?s lawyer adds that he doesn?t understand why the US authorities weren?t aware of this problem before. As a result Judge O?Grady noted that Megaupload is ?kind of hanging out there.?

    If this issue indeed prevents Megaupload from being tried in the US, it would be a blunder of epic proportions. And it is not the first ?procedural? mistake either.

    Last month the New Zealand High Court declared the order used to seize Dotcom?s property ?null and void? after it was discovered that the police had acted under a court order that should have never been granted.

    The error dates back to January when the police applied for the order granting them permission to seize Dotcom?s property. Rather than applying for an interim restraining order, the Police Commissioner applied for a foreign restraining order instead.

    The exact ramifications of the failure to serve will become apparent in the near future.
     
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  2. flexnds

    flexnds Power Member

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    Nice.. MegaUpload should sue the authorities involved for losses and damages. I wish the US would stay the f*ck out of other countries.
     
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  3. axus_auto

    axus_auto Power Member

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    This is a very interesting interview with Kim Dotcom:



     
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    Last edited by a moderator: May 18, 2016
  4. ExtraWinner

    ExtraWinner BANNED BANNED

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    Kim Dotcom = Eric Cartman look alike?

    LOL, you cant arrest Cartman...
     
    Last edited by a moderator: May 18, 2016
  5. ok888

    ok888 Jr. VIP Jr. VIP Premium Member

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  6. Dj Co2

    Dj Co2 Elite Member

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    Buhahaha the benefits of incorporation!
     
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  7. Dumper

    Dumper Supreme Member

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    He definitely ate to many Snacky Cakes!
     
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  8. Uppa839

    Uppa839 Junior Member

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    I would laugh if he said "screw you guys, I'm going home" to the police
     
  9. HoNeYBiRD

    HoNeYBiRD Jr. VIP Jr. VIP

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    even if it ever goes to court, kimdotcom should win, he's protected by the DMCA

    "DMCA Title II, the Online Copyright Infringement Liability Limitation Act ("OCILLA"), creates a safe harbor for online service providers (OSPs, including ISPs) against copyright infringement liability, provided they meet specific requirements. OSPs must adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to alleged infringing material (or remove such material from their systems) when they receive notification of an infringement claim from a copyright holder or the copyright holder's agent. OCILLA also includes a counternotification provision that offers OSPs a safe harbor from liability to their users when users claim that the material in question is not, in fact, infringing. OCILLA also facilitates issuing of subpoenas against OSPs to provide their users' identity."

    there's a 2-year-old precedent case: Viacom vs. Youtube, where Youtube won, however it seems the fight is not over yet and Google needs to fight it again:
    Code:
    http://techcrunch.com/2012/04/05/youtube-vs-viacom-again/
     
  10. Iconoclast

    Iconoclast Regular Member

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    i really really want them to get back
     
  11. lolhxc

    lolhxc Newbie

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    You and me both man. ;\
     
  12. indianbill007

    indianbill007 Jr. VIP Jr. VIP

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    Now its time Kim should sue the authorities for closing his multi-million dollar business abruptly and killing a lucrative niche for so many IMers. Damn US department of Justice lol, stay away from people outside your jurisdiction.
     
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  13. mikie46

    mikie46 Jr. VIP Jr. VIP

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    He needs to start consuming a few less Tacos if his going to enjoy living and spending his money.
     
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  14. lolhxc

    lolhxc Newbie

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    F**k that, this guy can afford replacement organs and mostly likely bodies.
     
  15. win292

    win292 Junior Member

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    so whats coming next, will megaupload be back soon? I really hope it will come back soon.
     
  16. mikemeth

    mikemeth Power Member

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    the posted interview is really cool, I hope he wins
     
  17. Murdoch1337

    Murdoch1337 Jr. VIP Jr. VIP Premium Member

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    This is great news. I'm quite happy about this.
     
  18. Leith

    Leith Jr. Executive VIP Jr. VIP Premium Member

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    Out of everything here, that interview is great to watch. He should get his revenge now.
     
  19. LukaB

    LukaB Jr. VIP Jr. VIP Premium Member

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    He should sue THEM for closing his multi-million dollar business .... I would SUE them.
    I really hope and got a really good feeling that he will win this case!

    Luka
     
  20. readysite1

    readysite1 Registered Member

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    His answer is really logical and interesting. That does make sense.
     
    Last edited by a moderator: May 18, 2016