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onsdag 25 januari 2012

MEGAUPLOAD - gisslan hos USA:s kriminella världspolis


Arresterade vid razzia, Kim Dotcom Megaupploads grundare till höger.







DOTCOM & MEGAUPLOAD

23 Januari 2012 - text Al Jazeera
The founder of popular file-sharing website MegaUpload.com has denied charges of internet piracy and money laundering, three days after his arrest in the New Zealand city of Auckland.

Kim Dotcom, a German national also known as Kim Schmitz, appeared in court on Monday, demanding his release from prison on bail and stating his innocence.

His lawyer, Paul Davison, told the bail hearing that Dotcom, who has New Zealand and Hong Kong residency, had not been involved in any criminal activity.

"This is not a case where there will be any concession by Mr Dotcom," Davison told the North Shore District Court in Auckland. Davison added that Dotcom's company was only offering online storage. 

However, prosecutor Anne Toohey described Dotcom as an "extreme" flight risk and explained that he had fled to Thailand when he was previously wanted on charges in Germany.

She said electronic bail was also opposed as it would give Dotcom likely access to phones and the internet.

The judge, David McNaughton, declined to make an immediate decision on whether or not grant him bail.

McNaughton said the bail application was too complicated for an immediate ruling, adding he would issue a
written decision no later than Wednesday.

"Given the breadth of issues covered in this bail application and the seriousness of the issues, I am going to reserve my decision," the judge said.




Facing extradition

Working with US authorities, police in New Zealand arrested Dotcom with three other people during a raid on his home on Friday. He faces extradition to the United States to answer charges related to one of the largest ever cases of copyright theft.

He is among seven people indicted by the US justice department and FBI, which said he was "responsible for massive worldwide online piracy of numerous types of copyrighted works, through MegaUpload.com and other related sites".

Dotcom generated more than $175m in proceeds and caused more than $500m in harm to copyright owners by offering pirated copies of movies, TV programmes and other content, according to a statement.

Meanwhile, a report in the New Zealand Herald newspaper has detailed claims about Dotcom's alleged lavish lifestyle.

It reported that Dotcom ordered around $3.2m of renovations to the sprawling mansion that he leased near Auckland, with manicured lawns, fountains, pools, palm-lined paths and extensive security.

New Zealand police seized luxury cars worth US$4.8 million, including a 1959 pink Cadillac and a Rolls Royce Phantom, during Friday's raid on Dotcom's Auckland mansion.



25 Januari 2012

A New Zealand judge has denied bail to Kim Dotcom, the founder of file-sharing website MegaUpload.com, as a government official in the US confirmed the arrest of a fifth suspect in connection to the case.

David McNaughton, the judge, said Dotcom, a German national who is accused of copyright infringement, posed a serious flight risk before a hearing scheduled for February 22 at which he faces possible extradition to the US.

"With sufficient determination and financial resources, flight risk remains a real and serious possibility which I cannot discount and bail is declined," McNaughton said at the hearing in Auckland on Wednesday.

Dotcom's lawyer, Paul Davison, said his client would appeal the bail decision as soon as possible.

"All of his assets have been frozen, all of his resources have been taken, seized. He's living here with his wife and family. He has no intention whatsoever of endeavouring to leave New Zealand," Davison told reporters.

Working with US authorities, police in New Zealand arrested Dotcom and three other men from his Auckland mansion last week and seized luxury vehicles worth US$4.8 million.

In Washington, a US Justice Department official told The Associated Press news agency on condition of anonymity that Dutch police had arrested Andrus Nomm, 32, a citizen of Estonia and Turkey.

US authorities have indicted seven men in the case, two of whom remain at large, which the US Justice Department and FBI said were "responsible for massive worldwide online piracy of numerous types of copyrighted works, through MegaUpload.com and other related sites".

The indictment accuses the men of generating more than US$75 million in proceeds at a cost of more than US$500 million to copyright owners by offering pirated copies of movies, TV programmes and other content.

US authorities are seeking the extradition of the four men in New Zealand and are also expected to seek Nomm's extradition.
*


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---Update 2012-06-04---

Megaupload has no rights?

US broke its own rules

by going after Internet giant

rt.com
June 4, 2012

More than four months after federal agents shut-down the file-sharing service Megaupload and ordered a raid on the New Zealand mansion of its founder Kim Dotcom, attorneys are asking a US court to dismiss the case against the website.

Ira Rothken, the California-based attorney of both Megaupload.com and Dotcom, is calling for a US federal court in Virginia to dismiss the criminal case against the website. According to Rothken, the website’s Fifth Amendment rights were violated when the FBI ordered for Megaupload to be taken off the Internet earlier this year.

As a result of the agency’s demands, Megaupload’s servers were seized and millions of files uploaded to the website — including those owned by paying subscribers — were made unavailable and are still inaccessible today.

Now Rothken says that the prosecutors in the case failed to guarantee due process for his clients and is asking the court to dismiss the charges. Since Megaupload was hosted overseas, argues the site’s attorney, the Department of Justice has acted improperly in its attempts to prosecute.

“Both prongs of the procedural due process test are plainly met here. The Government has seized Megaupload’s property and domain name, ruined its reputation and destroyed its business pursuant to an indictment which is fatally flawed as a jurisdictional matter. Megaupload now finds itself in a state of abeyance, with no end in sight,” writes Rothken in a newly released statement.

“As a result of the Government’s inability to properly serve the summons on Megaupload, this Court lacks jurisdiction over the company. In the absence of effective service of process, criminal proceedings against Megaupload cannot commence, and as the Court has aptly noted, we ‘frankly don’t know that we are ever going to have a trial in this matter’.”

Indeed, those were the words US District Court Judge Liam O’Grady had for the case in April, when the proceedings against Megaupload were already three months old yet grossly underdeveloped.

Rothken condemned the court system at the time for failing to properly play by the rules by opening a case against Megaupload and Dotcom over copyright infringement and other related crimes by seizing the website without first bringing charges against it. Last month Judge O’Grady even warned the FBI that the trial was in jeopardy because the Justice Department jumped the gun on the case.



In an interview with Radio New Zealand last week, Rothken added, “We’re optimistic that the case against Megaupload will be dismissed” and called the entire federal witch-hunt “flawed.”

“Megaupload is a Hong Kong corporation, it does not have an office in the United States and we’re just asking the US to play by the rules,” said Rothken. “One would think that they’d have done more legal research before filing this type of indictment against a foreign corporation.”

Speaking to AFP, Rothken added, “The rules in this instance didn’t allow a foreign corporation to be served and indicted as it has not have a presence in the US. We believe the law is clear in that issue, and we’re asking the court to dismiss the case.”

Dotcom, a German national, is currently under house-arrest in New Zealand. American prosecutors are hoping to extradite him for charges relating to his involvement with Megaupload though have been unable to do as much so far.

A court hearing scheduled for the matter is slated for this August. In the meantime, though, his attorney says that the shortcuts that the US government tried to take in the case might very well cost the court a victory.

“This case was flawed from the start, once this case gets dismissed it can’t be fixed,” Rothken added to the radio network.

Dotcom previously told the website Torrent Freak that he predicts he will prevail over America’s attempt at prosecuting him but that the government has already made their point.

“We have already been served a death sentence without trial and even if we are found ‘not guilty’ which we will, the damage can never be repaired,” said Dotcom.

Rothken adds this week, “Megaupload is thus deprived of any procedure to clear its name or recoup its property, in clear violation of its due process rights.”
*

http://www.infowars.com/megaupload-has-no-rights-us-broke-its-own-rules-by-going-after-internet-giant/



Länkar på InfoWars

  1. Megaupload Trial May Never Happen, Judge Says

  2. Megaupload indictment returned with charges added for Kim Dotcom and others

  3. Megaupload boss: Site popular among US government users

  4. Users flock to rival file-sharing sites after FBI shuts down Megaupload site, arrests founder

  5. Is the Case Against Megaupload Coming Apart?

  6. Internet Wars: Anonymous Attacks DOJ After Feds Shut Down Megaupload

  7. Law Professor: Megaupload Prosecution A ‘Depressing Display Of Abuse Of Government Authority’

  8. Feds say Megaupload user content could be deleted this week






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Nätcensurlagen i USA (SVT)



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Tillslaget mot Megaupload (SVT)



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ACTA (SVT)





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