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ExtraTorrent.cc > Articles > MegaUpload Trial May Never Happen

MegaUpload Trial May Never Happen

MegaUpload Trial May Never Happen

Added: Saturday, April 28th, 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
The US authorities were told that the criminal charges against MegaUpload’s owner Kim Dotcom may never get to trial in their country: according to New Zealand judge, the efforts of American authorities to extradite Kim are fruitless.
megaupload-song-hits-big-on-the-web-umg-tries-to-take-it-down-300x1761.png


Liam O’Grady, the federal judge, has commented at a hearing over the cyberlocker’s content, saying that he frankly didn’t know whether they were ever going to have a trial in that matter. In fact, the American authorities have failed to formally serve New Zealand’s court of law with criminal papers, as the local media points out.

Meanwhile, Kim Dotcom’s attorneys explain that this new development may shelf the extradition case. Indeed, this wasn’t the first time that paperwork mistakes were made – New Zealand’s authorities seized the MegaUpload’s owner’s property without giving proper notice. Although this error was formally corrected a few days ago, the issue of serving papers to extradite Kim in the United States is just another embarrassing error. The federals’ lack of service meant the cyberlocker was “kind of hanging out there”, according to the judge.

Kim Dotcom’s attorneys claim that the FBI haven’t done this just because they can’t. MegaUpload’s lawyers do not believe that the service can be served in a criminal matter as it isn’t located within the jurisdiction of the United States at the first place. They confirm that a key defense against extradition was the claim by the owner of the service and others that they were charged with offenses that weren’t covered by the law on extradition.

In response, prosecutor Jay Prabhu told during Virginia court hearing that it might not matter, because Kim Dotcom owned 68% of MegaUpload. Meanwhile, there are still legal negotiations being held about returning jewelry and personal effects belonging to Dotcom’s wife.



By:
SaM
April 28th,2012

Posted by: 
SaM

Date:  Saturday, April 28th, 2012



Comments (9) (please add your comment »)

1
posted by (2012-04-29 02:15:28)
No avatarI bet the reason y the US hasn't provided any paper work is because they know if they do they will get busted. by not obtaining the correct warrants in the 1st place if Im not mistaken they are already in contempt of court. so by not doing a thing they keep there a**'s from getting in to trouble.

2
posted by ET babyTrusted UploaderSite FriendET junkieET lover (2012-04-29 03:21:31)
Simmoncelli avatarlol

3
posted by (2012-04-29 08:34:31)
No avatarlol...clamo thats funny...wtf is a NZ court going to do to the US state dept...nothing, and a whole lot of it. Some retard judge can say we are in contempt all day long, and it dont mean nothing. The problem is...to file charges and compel a defendant to court, a defendant must be in the jurisdiction of the court issueing the writ/warrant. Kim is in NZ, hence no "criminal papers" can be issued by a judge...extradiction comes first, then charges are read, and the defendant enters a plea. The judge hears oral arguments on bail and the defendant either posts a bond, gets remanded, or is ror.

4
posted by Blocked (2012-04-29 11:21:39)
menahunie avatarNew Zealand’s authorities seized the MegaUpload’s owner’s property without giving proper notice. Although this error was formally corrected a few days ago, the issue of serving papers to extradite Kim in the United States is just another embarrassing error.

I don't know how new Zealand's legal system works; but doing what they did and had in effect no warrants or wrong warrants makes evidence inadmissible in court. Not to mention all the damages done to innocent data storage users.
That is like shooting bank robbers and getting a number bystanders and saying oh well too bad they were in the wrong place at the wrong time..

5
posted by (2012-04-30 10:53:35)
No avatarthe funny thing in all of this if i may say so myself is that the US is now getting all the heat from this remember the original complaint was filed by the MPAA and similar groups also not all of the servers were in the NZ quite a few of them were in the US which were confiscated and the info on them are being used as evidence in the trial but my point is do you think the MPAA really cares at this point if kim goes to court or not thats just a bonus for them MEGAUPLOAD got a death sentence its dead it may never return from what has happened to it me personally i think that was the point of the MPAA filling the first complaint anyway they knew the US department of justice would do its best and use anything at their disposal to reach this goal sure in the end of this whole deal he is most likely going to walk away a free man but minus one company and minus several million dollars so in the long run i believe the heads of the MPAA are sitting around laughing patting themselves on the back going mission accomplished

6
posted by (2012-04-30 11:11:27)
phreakiphred avatarGood For NZ!

<sardonic>

Perhaps Obama will send a killer drone to take him out?

<sardonic open content> <-- te he -->



The more we do to you, the less you seem to believe we are doing it. -=Dr. Joseph Mengele

7
posted by (2012-04-30 22:29:23)
mork_blasphemy avatarI said a thousand times when this began that they would never ever extradite him..or any New Zeland citizen to the US on such "crime"...

8
posted by (2012-04-30 23:15:26)
No avatarrest of the world 1 u.s.a 0

9
posted by (2012-05-01 02:19:09)
dikhed avatarNOT HAPPENING! Hope .com sues the hell outa the yanks and nz police for this travisty



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