|Artyom Vaulin, the alleged KickassTorrents owner, through his lawyer has asked the DoJ to drop the charges against him and release him from prison, arguing that he can't be held criminally liable for KAT users’ infringing behavior.
Artem Vaulin, the alleged founder of KickassTorrents, was arrested in Poland in July and has been held in a local prison since. The Polish police acted on a criminal complaint from the US government, and now the 30-year-old Ukrainian is charged with criminal copyright infringement and money laundering.
Vaulin hired an expert in file-sharing cases, who was defending MegaUpload and isoHunt – Ira Rothken. The lawyer claimed that allegations against the site owner are baseless. While not addressing whether Vaulin is indeed the owner of the site, Rothken argues that the changes don’t hold up and requests the US authorities to dismiss the criminal complaint against his client and release him from prison.
Ira Rothken argues that the alleged KAT owner can’t be held responsible for the infringing actions of the KickassTorrents users, since criminal secondary or indirect copyright infringement does not exist under US law. The lawyer points out that KickassTorrents itself never hosted any infringing content, but only stored torrent files. In other words, possible copyright infringements would take place after the visitors had left KickassTorrents. Besides, the affidavit lacks specific examples linking Vaulin to infringing downloads: actually, the only relevant infringement quoted is one committed by an agent from Homeland Security Investigations.
Vaulin’s defense believes that the absence of any specific allegations is not an oversight, but rather a side effect of how far the site owner is removed from the copyright infringing acts. Noting the weakness of the criminal claims, Rothken asks the US Department of Justice to drop the charges against Vaulin and set him free.
The lawyer has sent the US government a letter, which also urges the authorities not to question, interrogate, or interview Artyom Vaulin. In addition, Rothken asked to allow him immediately speak with Vaulin in prison so he can assist with his defense.
Thanks to TorrentFreak for providing the source of the article.
Tuesday, August 9th, 2016
|posted by (2016-08-09 18:24:39)|
|I agree with him. He didn't have anything to do with what users did with the torrents.|
Look at eBay. All the fraud and scams that go on there but eBays defense is always, we only facilitate the sale of items, we don't actually sell anything. And eBay has been dismissed from every case ever brought against them
|They would have to release Charles Manson then, correct me if i'm wrong but he didnae murder anyone. Kinda same thing really if you get what i mean|
|posted by (2016-08-09 19:15:50)|
|Are you saying that human life and Money have the same value. The take down of kickass was about money. Movies, music etc..|
|Of course not..........|
All i'm saying is why has Manson been imprisoned when he never murdered anyone..
Why has Vaulin been imprisoned when he never directly,,,,,, ah never mind...
|#FreeVaulin! the entertainment industry has made more money in the last few years than ever before, all this nonsense with busting torrent sites needs to stop. the DoJ ought to be more worried about literally anything else on Earth instead of some whiny hollywood execs complaining because people saw their movie that was going to be on tv for free eventually anyways. that goes the same for the music industry, too. 'artists' complain about people stealing their music need to start making music actually worth buying.|
|Its all good Soup. I think we got it. The yanks have their man I doubt he is going anywhere outside soon. In hindsight maybe he should of operated KAT from inside The Embassy of Ecuador In London.|
|posted by (2016-08-09 21:49:26)|
|I can see both sides of this situation. I love getting films, TV and music for free but if I were a copyright holder, I'd be mad that my film or song was being viewed or listened to without me getting my share of the profits. Though Vaulin shouldn't be held responsible.|
|posted by (2016-08-09 22:04:16)|
|Soup, you are beyond stupid. Charles Manson was convicted of MURDER and for CONSPIRACY to COMMIT murder. He planned it and got everyone to carry out his plan, that is guilty of murder. If I have a friend of mine hunt down some guy named, let's call him, Soup, after my friend did his business, I would be guilty of murder as well because I had him do it. Oh, by the way, genius, Charlie was at the second murder scene and watched as the people were murdered, again, GUILTY.|
The DOJ will absolutely have to give up this nonsense and rescind their arrest warrant as they have no case, AGAIN
|posted by (2016-08-09 22:23:55)|
|Sorry soup I get it. You were talking in Legal terms.|
|it's the money laundering that took him down that's why homeland security got involved|
|That doesn't pass the straight face test. Can he say that with a straight face?? lol Blaming the users. He better hope he doesn't get a pirate celly. Well, he is admitting he is the owner of the site so we can drop that "alleged" crap right now.|
|A popular torrent usually reaches around 30 to 40k seeders and leechers worldwide.|
So the loses would be very little, They've just been blown way out of proportion.
Half the people who download go watch it in the cinemas anyway so if you count that
it is very little Globally. In the end its still illegal and if you wanna profit from
it you better make sure you don't get caught like this dumb arse
|Right,Hand Grenades to doc data bits,Soup. No media went through the site, just the docs. It got too facebookish and proper like everything's okay and it is not . Charlie was doing things before Tate-Labianca. Thanks ET for being here.|
|I'd just like to let it be known that if any user provides me with a link to a download they are liable to copyright infringement, now that's a crazy rule, & yet poor Art has lost his liberty because of it.|
|posted by (2016-08-10 12:26:27)|
|Maybe he should use the Hillery defense. Seems to work well against the DOJ.|
|Unfortunately, if they want to put someone away, it doesnt matter whether they are guilty or innocent, they will still put them away.|
|posted by (2016-08-10 12:58:52)|
|Manson was charged with directing the murder, so correct he did not commit the murder but instructing someone to murder also has the same sentencing.|
|america says jump, europe jumps through burning hoops on a tightrope without a net,|
we should be saying a big F@#k U america, bunch of scheming robbing scumbags, america says block torrent sites, ET in uk is blocked, but i can use an american proxy to login, maybe they should clean the crap off their own doorstep before asking us to clean ours
|"since criminal secondary or indirect copyright infringement does not exist under US law".|
|Pirates upload torrents they don;t know that anyone is actually going to click the link. it's the user's fault for clicking! lol|
|it a all about power boys,always has been|
|I generally only download something I've paid for already. I have a huge collection of VHS, Laserdiscs, and DVDs. I also have a ton of vinyl from my DJing days, along with a few thousand CDs. I am not gonna pay for all this stuff AGAIN. I've been slowlw going down my lists and DLing all my stuff in digital format.|
|posted by (2016-08-11 01:54:06)|
|@22 .. I keep having to remind myself to transfer my VHS to digital before it de-mags.. @#14.. You could take it one step further and be liable for criminal charges if you use the word torrent in public ... LOL|
|Soup that is a ridiculous and odious comparison. If you cannot see the difference, put yourself in the cell next to Manson. Yes, release him, and heres hoping things return back to normal asap. Missing my kat.|
|posted by (2016-08-12 08:05:46)|
|The US government should worry about their huge debt!|
When the dollar falls (and this will happen) it's not gonna stop, and the dollar is history (and government bankrupt)!
......dollar gone = power gone
|Just let the man go, he is only giving a lot of joy to many people and i do not think that is a crime, if you dig deeper into those accusing him you probably find way worse shit.|
|the people that split on him must go look in their own households .. their kids etc got music , videos on tablets,phones etc drop your price and we will buy your stuff .. its the same question before why make something to record on take the tapes take the CD & DVD recorder you gave us these tools we use it .. stop moaning and release the guy he help us to view stuff and be able to see different series etc .. he is killing or raping anybody .. go search for real criminals and leave us alone .. Pirates cannot die and we will not stop so rather give the money you spend of tracking us to needed people ,|
|posted by (2016-08-12 22:23:09)|
|lol blaming America for Britain banning torrent sites, get a grip, not only is the uk one of the worst infringers of internet freedom and one of the worst in the world at that, and I'm from the uk but just look how much cctv we have in this country, the most out of any country, our governments aren't exactly free of blame here and passing the buck onto America is just short sited. The uk from a internet perspective is very closed off from what we call democracy. That's a British government choice|
|posted by (2016-08-13 09:18:12)|
|So I guess if I Google for "illegal" content and it points me in the right direction. Google should be prosecuted?|
|hey selsley.. thats because we bad ass mofo's over here in the us of a. damn skippy!|
|posted by (2016-08-13 23:27:44)|
|Free Art, hope all goes well & he is free & continues to run Kat with no problems.||
Most Popular Stories