American Authorities Will Deny MegaUpload a Fair TrialAdded: Friday, April 20th, 2012
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
According to the latest information, the chances of MegaUpload’s owner Kim Dotcom facing a fair trial in the United States appear little. The American government seems to make it as difficult as possible for MegaUpload to obtain legal advice in the country. For example, when the top law company of Quinn Emanuel Urquhart and Sullivan asked for permission to represent the cyberlocker in the case, the authorities have refused. Their argument is that the MegaUpload’s owner shouldn’t be allowed to use money stolen from the entertainment industry to pay for a lawyer to help him. In response, Quinn Emanuel pointed out that the government’s objections are too broad and can effectively prevent the company from hiring any lawyer at all.
As for the New Zealand courts, they have seen the sense of allowing Dotcom to withdraw his money to cover living expenses while his extradition case was being discussed. However, the American government complains that the funds give MegaUpload’s founder lots of money to pay for legal representation. Meanwhile, the New Zealand court specifically earmarked the money for living expenses only, not legal fees, and the MegaUpload’s case would require lots of computer forensics and attorneys with copyright expertise.
However, it seems that the American government has other reasons for not wanting Quinn Emanuel: this company can boast extensive experience handling copyright cases for the entertainment industry, and this might appear a conflict of interest since the firm’s its other customers are actually MegaUpload’s victims. And so the US government argues before a New Zealand court that it’s better for Kim Dotcom to have no lawyer than one having connections to his victims. Although this argument can be applied to almost any law firm, the American government has gone further, saying that since Dotcom is fighting extradition, he is “fugitive from justice” and isn’t entitled to be represented in American courts until the extradition fight is over.
Hopefully, the New Zealand legal system will be interested in how its citizen is treated in the United States. After all, the entire extradition process should only be allowed if the person will get a fair trial. It seems that the American government is only doing its best to make sure Dotcom won’t get one.
April 20th,2012Posted by:
Friday, April 20th, 2012
|America home of the brave - land of the FREE...|
What BS....The legal system is as corrupt as Russia's.
And now with a Black president... we can say literally that Megaupload will get Black Balled.
|What a racist piece of shit comment. The gov may be corrupt but what does having a 1/2 black president have to do with anything?|
|posted by (2012-04-20 17:30:47)|
|yep the US is NOT the land of the free any more but it sure is home of the bend over.|
|What has happened to the "Innocent until proven guilty"? I'm not going to bash america because we have our own problems with corrupt politics in Ireland, but America really is making a real effort to be the most corrupt.|
|posted by (2012-04-20 18:29:38)|
|wow....my tax dollars hard at work....glad to see spending millions to stop some one for having web page....|
|Give him a fair trial but deny him some food......DAMN that guy is so fat he'd jump up in the air and get stuck|
|love how people start crying its wrong, its unfair, torrents of copyrighted material arent illegal but when somebody retags a torrent the cries of STEALING are so overabundant its sickening ....... wankers|
|@6 Pancho thats so funny muwhaaaaaaaaa brought tears to my eyes thanks|
|posted by (2012-04-20 21:46:45)|
|did he won't shares his profits with the US Authorities ? As they won't leaving this guy.|
|Dubby's Dad owns MegaUpload.com?|
|@10 that's taker up there & taker isnt Dubbys father|
|posted by (2012-04-20 22:00:05)|
|And now with a Black president... wtf dang manuel go play on the freeway, 100 bucks if you can catch a truck with your teeth. (sam's quote) Hopefully, the New Zealand legal system will be interested in how its citizen is treated in the United States...... hope so|
|There is am important point also being missed as well. Even it applies to Mr. KIM. It is even applied to people in the USA Illegally. Know what it is?|
The United States Constitution.
By the POS taking this action and most likely paid for by the RIAA and MPAA are doing this are working their butts off the keep him from hiring great attorney's and place him at the mercy of a laughable PUBLIC DEFENDER.
Their claim of money gotten from criminal activities is again laughable; it is a claim not fact or even if a crime has been committed.
The incorrect warrants were used and that is more than enough to have the case thrown out; BUT they are trying to get the correct warrants issued. HuH?
The act is already done and there is so much case law about that kind of screw up it won't work; even in a US Court.
The RIAA and MPAA and or other copyright holders have to prove they sent DCMA violation notice to Megaupload and they did nothing.
I am very very sure Megaupload when notified did not just sit there sucking their thumb and ignored any notices; they most likely deleted the claimed files after the notice was proved valid and the file were illegal; but maybe not as physically as fast as demanded by the Alleged Copyright holders.
The seizure of all of Megauploads servers including the seizure of thousands of innocent users data will result in millions of dollars in law suits.
Doing something like that is like the police not only taking out a bank robber; but also taking out all the innocent bystanders in the area as well. Military terms that is called collateral damage; yet this is not any military action.. It is solely a LEGAL ACTION and that type of damage has been done in the past and people responsible have paid hundreds of millions in judgements.
These POS KNOW their case is in the toilet and is falling apart. They are grasping at anything like a drowning person to save their butts; but it won't work.
Mr. KIM looks really really pissed and they picked on the wrong person to screw over. Mr. KIM could also make this a civil rights case and appeal to the world court.
This case I am sure will define for now and into the future how COPYRIGHT HOLDERS will be required to act and what they can and can not do.
|Not sure on how they plan to bribe the judge, because the refusal of appropriate legal representation should literally end that trial on its first day. At least that would and SHOULD happen in countries with a regular legal system.|
|thanks for article|
|posted by (2012-04-21 19:28:58)|
|Don't see why he would be so worried about prison anyway, with the types of connections Dotcom has he would be quite comfortable sitting in one of the U.S.'s Luxury Federal Country Clubs opps mean federal prison .I'm certain he would plea it out and get some sort of time ,5 years max with good behavior he'll be out in a year. If he's really smart just max the whole thing out then you have no fines ,no cost and restitution becomes voluntary ,good luck collecting that.|
|@#3, Yep,, sure ain't the USA I grew up in,,,,|
Thanks for the article and information...
|life will never be fair as we all will never let it be|
|posted by (2012-04-22 11:42:35)|
|I like pie|
|Well I have come late to the argument, but I thought in the USA you are innocent till proven guilty?|
one other thing I would like people to remember is ENRON, those greedy little bas#@%ds, just took the money and ran. When they got caught they use the money they stole from hard working people and used it for their legal bills. No one said a thing when it was the people's money. Not only that, but they caused a big down turn on the Stock Market and even more people lost their money. The people who got hurt were in the millions. No one blinked an eye about where the money came from when they hired the most expensive lawyers in America and got off with a slap on the wrist.
|posted by (2012-04-22 19:03:27)|
|folks you are still not getting this, megaupload was NOT shut down for not responding to piracy claims. they were shut down because the US government claims this man was involved in a conspiracy to take the US down. as well as some other crap. and for money Landry'n. the reason y the RIAA came in to play was for the simple fact that MU was about to launch a new service that would give music artists more money for there work and dissolve the RIAA. well needless to say they didn't like this, so they wanted a chance to take this man's service down. as far as the MPAA goes they are just as much of babies as the RIAA is and wanted a peace of the pie just because a small portion of movies were hosted on MU. and yes just as it says in the law: innocent till proven guilty.....more like guilty till proven innocent....but you still must sit in prison till then. the Justis system is back words every ware. but the true reason this man is given a hard time is every one of the RIAA, MPAA, and the US government is GREEDY and all they want is his money!|
my friends kid keeps getting in trouble.....warrants issued all the time for them and even prank's a 911 call and the judge just lets them go.....in real LAW enforcement, a 911 prank is a federal offense and its a min of so much time in federal prison.
|posted by (2012-04-22 19:34:25)|
|the law that protects YouTube from doing the same thing should apply ,|
web services cant be punished for actions of the users....
just go to youtube and see how much copyrighted martial is posted there
all MU users should just go make a class action lawsuit in the US to get their data back.....how many billions that going cost the US Gov and the other morons
|America will continue to allow illegal file shares so they can slowly make arrests wshen they feel the need. Very strategic and powerful plan.|
|posted by (2012-04-23 11:37:10)|
|omg every one talk's but not one of you tell's the gov too stop this stuff! I have!!!!!!|
|Telling the government to stop aint going to work!! think they will listen to your words??|
Direct action is the way to go!!!
|posted by (2012-04-23 17:44:22)|
|"Their argument is that the MegaUpload’s owner shouldn’t be allowed to use money stolen from the entertainment industry to pay for a lawyer to help him"|
...and the prosecutors shouldn't be allowed to use tax money stolen from human beings to help them to stroke their egos and act like the self-righteous masonic capitalist pricks that they are.
|I am going to bash the USA, as a once bastion of freedom and freedom of expression, the likes of the Rothchild millionaires and suchlike have now put the USA about on a par with Iran and China for denial of rights and denial of freedom. Individual privacy has all but TOTALLY disappeared from the USA.|
Putting it simply in terms Americans and American president's can understand, the USA SUCKS REAL BIGTIME RIGHT NOW and looks very much as if it will continue to SUCK WELL ON INTO THE FUTURE.
Perhaps the Stars and Stripes should now feature BALLS AND CHAINS. . .
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