MegaUpload Lawyers Asked Court to End “Baseless” LawsuitAdded: Friday, May 31st, 2013
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
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MegaUpload keeps asking to have the criminal indictment against the website ended by the court. The US government told the court two weeks ago that it fears the end of the MegaUpload prosecution in case the judge makes the “wrong” decision. Now these words are being used against it, and in a new brief submitted to the court, the lawyers of the file-sharing service argued that the government admitted it may not have a case.
A few weeks ago, Kim Dotcom released a white paper where he accused the Obama administration of being corrupted by Hollywood and told how the entire criminal case against his company was baseless. His legal team now argues that the case against MegaUpload should be thrown out, because the government has admitted there’s no legal basis to keep it in criminal limbo.
At the moment, the two parties can’t agree on “Rule 4” of criminal procedure. The latter requires the authorities to serve a defendant at an address in the US, but this is impossible because MegaUpload is based in Hong Kong. The American government claimed it would find a way to serve MegaUpload, but this is yet to happen.
So, within the last few months, MegaUpload has been requesting an end to the case and the American government has been arguing against it. This continued until the government stressed the importance of the pending decision by claiming that the wrong choice could put an end to the lawsuit. Dotcom’s lawyers claim that the US government appears to be contradicting itself – first it argued that MegaUpload can be served only after Dotcom and his colleagues are extradited from New Zealand, but later backed away from this stance.
MegaUpload complained that the government has changed its tune and claimed that due to delays in the extradition process, “temporary” dismissal would become permanent and therefore contrary to the interests of justice. Actually, the authorities seem to confirm what the court has already observed – the defendants may never be extradited and therefore criminal proceedings may never commence. The logical conclusion is that due process demands the Superseding Indictment be dismissed. The recent briefs from the both parties prove that the oncoming court decision will be a pivotal one.
Thanks to TorrentFreak for the source of the article
May 31st,2013Posted by:
Friday, May 31st, 2013No comments
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