Han åker över till USA frivilligt om vissa krav uppfylls, bland annat vill han att pengar släpps fria så att han kan betala advokaterna som hanterar hans försvar och att han ska få en rättvis rättegång. Nu kom bollen hastigt och lustigt över på amerikanarnas planhalva, jag har ingen aning om hur de kommer att reagera men försvaret verkar spela på att motståndarna inte har något som kommer att hålla i en rättegång.
- Kim Dotcom Offers To Come To The US, If DOJ Releases Funds For Legal Defense | Techdirt
This is an interesting move, because it’s entirely possible that the DOJ will call his bluff here. Certainly, some of the strength in Dotcom’s case is that he wasn’t violating New Zealand law (which is required for the extradition to take place). A fight in a US court, against the DOJ, is a much tougher proposition — and a very risky bet. There are a lot of reasons why Dotcom may have a strong case, but the DOJ rarely loses. It happens, but it’s rare. Even in extreme cases, the DOJ is pretty good at railroading those they indict to “plea” out of a case rather than face a full trial.
Megaupload’s Kim Dotcom Offers to Surrender to the FBI, at a Price | Threat Level | Wired.com
The ever-provocative Dotcom tweeted Wednesday: “Hey DOJ, we will go to the US. No need for extradition. We want bail, funds unfrozen for lawyers & living expenses.”
The German filesharing tycoon and his co-accused have a legal team comprising 25 lawyers in four countries working on their individual cases as well as that of Megaupload the company. According to Megaupload’s U.S. lead lawyer, Ira Rothken, none of the legal team has been paid yet.
But Rothken would not confirm or deny if a deal was in the making, telling Wired, “We will not comment one way or another on the involving private discussions between counsel or whether such discussions even occurred.”
Kim Dotcom Will Go to the US in Exchange for Legal Funds | TorrentFreak
Just hours after his extradition hearing was delayed until 2013, Kim Dotcom is offering the US Government an unusual deal. Growing tired of the “dirty games” being played, Megaupload’s founder says he will voluntarily go to the US if he and his colleagues are promised a fair trial and money to pay their legal and living expenses.
En Nyzeeländsk domare har beordrat amerikanska staten att lämna över kopior på all bevisning man har till den förvarande sidan, något som de har vägrat att göra. Detta är anmärkningsvärt då det är svårt att förvara sig om man inte vet vad motståndarsidan kommer att använda för bevisning. USA har hävdat att man inte har rätt att se bevisning i ett utlämningsärende, något den Nzeeländske domaren nu har sagt nej till och man har 21 dagar på sig att lämna över alla dokument man har i ärendet.
Much of today’s ruling looks into procedural issues, but Judge Harvey also makes some interesting remarks on the way the U.S. is handling this case. He notes that if the U.S. has its way the extradition process would be merely “administrative”, as opposed to “judicial”. This would interfere with the rights of the accused, who according to Judge Harvey should have the right to review the evidence so they can argue against it.
“In my view there must be fairness and the hearing and balance must be struck, otherwise the record of case becomes dominant virtually to the exclusion of everything else and places the extradition process in danger of becoming an administrative one rather than judicial,” the verdict reads.
The Judge further grants disclosure of evidence related to all the criminal charges, and notes that the allegations of the U.S. Government are rather complex. For example, the authorities are applying civil copyright concepts in a criminal context. Furthermore, he notes that the copyright infringement changes are the cornerstone, in the sense that the money laundering, wire fraud and racketeering charges are all based on the alleged copyright infringements.
“There is a complex factual matrix and justiciable issues are complicated by the fact that the United States is attempting to utilize concepts from the civil copyright context as a basis for the application of criminal copyright liability which necessitates a consideration of principles such as the dual use of technology or what they described as significant non-infringing use,” Judge Harvey writes.
“The existence of criminal copyright charges is a keystone to providing the unlawful conduct element of the racketeering, money laundering and wire fraud charges.”
Megaupload Wins Crucial Evidence Disclosure Battle With US Govt. | TorrentFreak
En domstol i Nya Zealand har beslutat att tillslaget mot Kim Dotcoms hus var olagligt och att det även var olagligt att beslagta huset.
Mer från TorrentFreak och Techdirt
Law Professor: Megaupload Prosecution A ‘Depressing Display Of Abuse Of Government Authority’ | Techdirt
The more we hear and see about the government’s case against Megaupload, it really appears that the government was relying almost entirely on the fact that Megaupload looked bad. It’s hard to deny that there were plenty of things that Kim (in particular) did that makes him appear pretty obnoxious. But being a crass showoff doesn’t automatically make you a criminal. Even worse, the government’s action in the case to date seem to be doing everything possible to undermine their own case as they try to railroad Megaupload.
Case Raises Key Questions About User Rights in Cloud-Based Storage
San Francisco – A small business owner who used Megaupload’s cloud-based storage system as part of his daily operations has asked a federal court to establish a process that would allow him and other lawful Megaupload users to get their files back. The procedure would help rectify the collateral damage caused by the government’s seizure of Megaupload.com as part of a copyright infringement investigation.
The Electronic Frontier Foundation (EFF) represents Kyle Goodwin, who runs a business reporting on high school sporting events in Ohio. Goodwin stored his video footage on Megaupload’s servers as a backup to his hard drive. In January, the FBI shut down Megaupload.com and executed search warrants on the company’s servers, locking out all Megaupload customers in the process. When Goodwin’s hard drive crashed, he could not get access to any of his own video files, which he needed to conduct his business.
(via: Megaupload User Asks Court to Return His Video Files | Electronic Frontier Foundation
Embattled Megaupload is dropping a lawsuit against Universal Music that accuses the label of unlawfully removing from YouTube a four-minute video Megaupload produced featuring Kanye West, Mary J. Blige, will.i.am and others praising the notorious file-sharing service.
In dropping the suit, Hong Kong-based Megaupload is shifting its attention to criminal charges in the United States where its founder, Kim Dotcom, and top employees are accused of being responsible for facilitating wanton copyright infringement. Dotcom and four others were arrested in New Zealand in January, where they remain free pending possible extradition to the United States to face charges in one of the government’s largest criminal copyright-infringement cases.
Megaupload Drops Universal Lawsuit to Focus on Criminal Charges | Threat Level | Wired.com
At least two scams targeting users of file-sharing services have emerged over the last few days. So far the reports all come from overseas, but if it’s happening in Germany then similar scams in the US are very likely. Watch out.
The scams both try to trick users into thinking they’ve been busted for copyright infringement and that they’ll be on the hook for huge legal penalties unless they pay upfront settlement fees online. According to TorrentFreak, the first of the two scams appears to target former Megaupload users. The users received emails like the one above from a fake German law firm that claims to represents major entertainment companies. The scam provides no details about what you supposedly stole.
(via: Gizmodo – Warning: Scammers Are Targeting Megaupload Users With Fake Legal Threats)
Hollywood studios want a federal judge to preserve data on all the 66.6 million users of Megaupload, the file-sharing service that was shuttered in January due to federal indictments targeting its operators.
The Motion Picture Association of America is requesting Carpathia, Megaupload’s Virginia-based server host, to retain the 25 petabytes of Megaupload data on its servers, which includes account information for Megaupload’s millions of users. That’s according to a newly surfaced court filing in the Megaupload prosecution in connection to charges of racketeering and criminal copyright infringement.
MPAA Wants Megaupload User Data Retained for Lawsuits