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ExtraTorrent.cc > Articles > MegaUpload Calls for Dismissal in America

MegaUpload Calls for Dismissal in America

MegaUpload Calls for Dismissal in America

Added: Sunday, June 3rd, 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
MegaUpload’s founder and his legal team have asked a Virginia federal court to dismiss the criminal case against them in the United States. Media reports reveal that the defense argues the United States violated the website’s due process rights by destroying the entire business, without having properly served MegaUpload.

In case the court agrees to dismiss, the website case will be over. It was in the beginning of this year that the United States launched one of the biggest criminal copyright cases ever against file-sharing service MegaUpload and its employees, including Kim Dotcom, the founder. At the same time, the US authorities seized domain names, servers and personal belongings, after which they asked foreign authorities for the extradition of the defendants arrested abroad.

Since then, MegaUpload’s founder and his colleagues have been doing their best to fight against extradition in New Zealand and even had some success. The American case was based on the idea that the authorities failed to serve the file-sharing service as was required in a criminal case. What the US government did was just putting MegaUpload out of business and its due process rights have been violated. According to media reports, the Dotcom’s attorneys claim both prongs of the procedural due process test were met.

Meanwhile, the crucial issue in the motion to dismiss was that MegaUpload has never been served. The site’s lawyer Ira Rothken pointed out that unlike people, organizations couldn’t be served outside the jurisdiction of the United States.

Industry experts agree that if this stops the file-sharing service from being tried in the United States, it would be a major stuff-up for the government, which could find itself sued.

Thanks to Torrentfreak for the source of the article.

June 3rd,2012

Posted by: 

Date:  Sunday, June 3rd, 2012

Comments (15) (please add your comment »)

posted by (2012-06-03 23:47:17)
No avatarGOOD NEWS. The government of the united states keeps overstepping it's boundaries on all fronts and thinks they are untouchable. I hope this dismissal goes through and megaupload sues the crap out of the US. I am a United States citizen and yet I continue to see the US acting out illegally all over the world. Something or someone needs to stop this beast of a government and me as a citizen feels helpless against this big government and it's policies.

posted by (2012-06-04 00:02:15)
dikhed avatarHahaha then dotcom will be able to sue the government for loss of potential earnings. yeah boy!!!

posted by (2012-06-04 01:24:50)
No avatarmight i point out that the law suit against megaupload also names kim dotcom separately in the suit it names kim and mega upload so if the case is dropped against mega kim is still not out of the woods yet

@MP5Pound420 i agree with you i think our country does need to own up for what it does but we both know this will never happen can anyone remember when a world leading country was sued and it actually went to court little people cant sue a country and expect it to go somewhere in their lifetime countries have was to many resources

posted by (2012-06-04 04:13:42)
No avatar@dikhed: the only problem with that is the US government WILL take this out of taxpayers.
@raven1618: you can to sue a country. it just I don't recall any one ever doing it.

but any way even if this happens don't expect to get your stuff back let alone the site going back online. chances are they have already deleted everything. but I am sure there is more going on in the background.

posted by (2012-06-04 05:14:56)
No avatarsee ty clamo thats my point all along i have said that on several other posts this was the whole point of this lawsuit was to kill megauploud and it worked and lets look at some of the fall out from it several filesharing sites stopped sharing files like filesonic turned their filesharing abilities off a couple torrent sites went offline and the MPAA sits back laughs and thinks themselves on a job well done even if kim dotcom gets off the damage has been done

posted by (2012-06-04 14:47:24)
No avatarI wish btjunkies would step out of the grave and in doing so just like how others left maybe it would inspire them to come back as well.

posted by (2012-06-05 01:57:18)
No avatar@MP5Pound420

I made an account here just to tell you....yer a douchebag

No one in the US is overstepping anything here...asshat. Megaupload did wrong. Admit it or die in a fire. Your hate for America just show the ignorance of the rest of the world. We DIDN'T cause this. We DIDN'T justify this. We are just upholding the law....asshat

posted by (2012-06-05 04:40:47)
No avatar@Gestankfaust

I made an account here to tell you just how much of a moron you are...

The US thinks is can govern the whole world yet it doesn't even have a good hold of its own land mass... Who's law are you upholding? Your own is the answer to that "asshat" the fact remains is that there are other countries out there who don't like your laws, we think they are restrictive and tyrannical.

Plus the fact remains that in this article it is stated that the US is breaking its own laws by trying to serve a organization outside of US jurisdiction.

So how about you read everything fully before you make a comment and make yourself look like a "douchebag"

posted by (2012-06-05 06:51:43)
No avatarnow i might be wrong but i do believe kim dotcom was arrested with help from the new zealand government or did the US fly in their many black helicopters and steal him in the middle of the night also lets not forget that one of the charges kim dotcom has been brought up on is money laundering now all these little articles are about meguplaud being taken down but we see no articles on the money laundering charge maybe thats because thats the serious charge as much as all these little articles on anti piracy on this site love to make it look like the US cares so much about piracy on the net the true is that it really doesnt a hand full of senators and congress men do if more then a small amount using it as a catch phrase to get votes cared then bills like PIPA and SOPA would have passed rather then being the massive failures they were

now back to the money laundering charge i know lots of people love to white knight for kim dotcom but honestly does any of us on these posts know him do any of us know anything more about this then what we read in these articles if kim was laundering money in the US then he HAS broken a law in america even if he wasnt in the country at the time international laws work funny like that

also i would like to say that we as a whole until these trials start will not know the extent of what evidence is brought against the person none of us are in the know all we have are alot of one sided news articles to read

posted by (2012-06-05 09:05:52)
gahn81 avatarMeows and licks paws after using litterbox:)

posted by (2012-06-06 05:32:30)
No avatar@Raven1618. .<

This is called a period. You should consider using one once in a while. these paragraphs you're writing are nothing more than 1 really long never ending sentence.

posted by (2012-06-06 16:12:40)
No avatarThe real reason behind the raid on Magaupload was Obama. The DOJ takes orders from Obama then Obama likes the Hollywood because they donate over $3 million US. The trashing of Magaupload was illegal but no one in the USA will do anything against Obama. When we have change in Fed. government then we will see more lawsuits against Obama and his minions.

On Magaupload servers was private data which was not part of file sharing side was destroyed by US government. The owners of this data are suing the US government for the lost of private data. Value over several millions of US dollars.

posted by (2012-06-06 17:26:45)
No avatar@jerseyboy86 .................................................................... there you go insert where needed troll.

posted by (2012-06-06 21:49:59)
No avatar@raven1618. There should be one after "go". I'm just saying, you make yourself look stupid when you don't use punctuation.

posted by (2012-06-15 12:13:38)
Maskattack88 avatar@jerseyboy86. Not true, raven1618 doesn't have to use a "period" all the time. For example, if he wanted to, he could use something called a comma, instead of a period. And beside this isn't fuc_king grammar school b!tch! This is the internet, sentence here doesn't have to be complete, spelling doesn't have to be perfect. As long as you understand the point it's all the same sh!t.
Look at your previous post, you used the word "donate" when clearly it is suppose to be in the past tense, and should be "donated". If you're going to go around criticizing people's speeches and writing assessment you better start with yourself first before you make judgement of others, I'm just saying. I mean be my guess, correct every single grammar error online, but in my opinion it's pointless.

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