FBI charges Megaupload operators with piracy crimes

[Sil_liS]

Originally Posted by Shaggy

The argument is that they filed the wrong paperwork on purpose, because it allowed them to shortcut due process. Basically, the paperwork they tried to use let them seize his assets without first allowing the defendant a hearing. In other words, it gave them the ability to destroy his business without giving him a chance to defend himself.

Whether or not you're a fan of this guy, that's not the way the law is supposed to work.

This is just wrong. Why are they allowed to do this?

[Elfwreck]

Originally Posted by Sil_liS

This is just wrong. Why are they allowed to do this?

They're not, hence the (potential) voiding of the order and return of his assets.

However, if they can prove that "we just got caught up in what we were doing and grabbed the wrong papers, oops; here, we'll fill out the correct ones and you can approve them retroactively; see, same end result," then his assets might not be returned.

Why nobody stopped them at the time & discovered they were the wrong orders is because cops serving a warrant have special rights; the targets aren't allowed to hinder the search while they're trying to verify the accuracy of the paperwork. That *should* mean that the penalties for screwing up are strong... but like the DMCA, it doesn't quite work out that way in real life.

[Sil_liS]

Originally Posted by Elfwreck

They're not, hence the (potential) voiding of the order and return of his assets.

However, if they can prove that "we just got caught up in what we were doing and grabbed the wrong papers, oops; here, we'll fill out the correct ones and you can approve them retroactively; see, same end result," then his assets might not be returned.

Why nobody stopped them at the time & discovered they were the wrong orders is because cops serving a warrant have special rights; the targets aren't allowed to hinder the search while they're trying to verify the accuracy of the paperwork. That *should* mean that the penalties for screwing up are strong... but like the DMCA, it doesn't quite work out that way in real life.

I don't think that retroactive approval should be allowed. The accused lost some rights because of the "mistake" and should be compensated for them.

[mr ploppy]

Unauthorised downloading is the new terrorism, so they will say the ends justify the means. I read this earlier today, even if you read between the obvious bias it's still quite worrying.

http://torrentfreak.com/how-the-copy...stopia-120320/

[Giggleton]

Originally Posted by mr ploppy

Unauthorised downloading is the new terrorism, so they will say the ends justify the means. I read this earlier today, even if you read between the obvious bias it's still quite worrying.

http://torrentfreak.com/how-the-copy...stopia-120320/

The end result of the commodification of art, vital for society to function, but apparently not vital enough for members of society to access however they see fit.

I don't agree that anonymity is needed anymore, just as long as no one is anonymous. Let's not hide in the shadows, share everything with everyone, it's the quickest way to end all this craziness.

[sbroome]

For reference regarding piracy and artist appreciation see 'What a Job' by Devin the Dude and listen to Andre 3000's verse, or Bad Meets Evil's 'Take From Me', or any other number of songs.

[Fbone]

If his assets are returned, will he attempt to leave the country?

[Kumabjorn]

Where could he go? His face has been plastered all over the Internet and it is not like he is going to loose 60 pounds in a week or so.

[Fbone]

He is a citizen of at least 2 countries and a legal resident of a few more.

[Barcey]

It sounds like there won't even be a trial on this.

The criminal charges against Kim Dotcom in the United States may never get to trial, the judge overseeing the case has told the FBI.

United States district court judge Liam O'Grady said he didn't know if "we are ever going to have a trial in this matter" after being told Dotcom's file-sharing company had never been formally served with criminal papers by the US.

http://www.nzherald.co.nz/business/n...ectid=10800409

[HarryT]

Originally Posted by Barcey

It sounds like there won't even be a trial on this.



http://www.nzherald.co.nz/business/n...ectid=10800409

Does he not face any criminal charges in New Zealand?

[Elfwreck]

Originally Posted by HarryT

Does he not face any criminal charges in New Zealand?

New Zealand probably doesn't have the collected evidence (although the FBI might be willing to hand over that data), and a quick search seems to say NZ has much smaller penalties for filesharing infringement. (Which shouldn't matter; the difference between "up to $15,000 per infringement" and "up to $250,000 per infringement" is fairly pointless on a large scale.) And if NZ prosecutes, the US doesn't get any of the fines.

And, of course, if all his property and accounts were seized without a proper warrant, he's got grounds for a *massive* lawsuit, not to mention all the other people whose businesses were disrupted without a warrant.

[Ninjalawyer]

I'm a little confused as to what the strategy was on the part of U.S. authorities. They must have been aware of this issue the whole time, so were they just hoping Dotcom's lawyers wouldn't notice? And just because Megaupload the corporation can't be served, it was my understanding that the individual officers and directors of Megaupload have been served.

I'm going to suggest that the U.S. knew this was going to arise as an issue from the beginning and didn't care; their intention was to scare similar digital locker services into shutting down, which has happened. So even if Dotcom isn't charged, this whole thing wasn't a complete waste from the U.S. perspective.

[Kumabjorn]

But if Mess. Dot Com isn't charged, wouldn't that be an incentive for the rest to return?

[mr ploppy]

Originally Posted by Ninjalawyer

I'm going to suggest that the U.S. knew this was going to arise as an issue from the beginning and didn't care; their intention was to scare similar digital locker services into shutting down, which has happened. So even if Dotcom isn't charged, this whole thing wasn't a complete waste from the U.S. perspective.

Plus Mega* is gone for good, which means no chance of Megamusic or Megavideo paying creators for downloads and taking talent away from mainstream corporation control.