Megaupload Founder Accuses Police of Assault, Denied Bail Again

enigmax
February 3, 2012
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MegaUpload
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Following a hearing today at the High Court in New Zealand, Kim Dotcom was again denied bail. The Megaupload founder, who authorities insist will likely flee should he be released, told the court that he’d been kicked and punched by police during his arrest. Dotcom added that during his time in prison he had been approached not only by women wanting to be his friend, but by an expert document forger.

Today, Megaupload founder Kim Dotcom appeared at New Zealand’s High Court to continue his fight against extradition to the United States on copyright infringement, racketeering and money laundering charges.

Dotcom has been held in custody since dozens of police raided his Coatesville mansion last month following a lengthy FBI investigation.

During the day-long hearing before Justice Asher, Dotcom’s lawyer, Paul Davison QC, appealed a decision by Judge McNaughton in the Auckland District Court last week which denied the 38-year-old German national bail.

Judge McNaughton had concluded that with all his resources, Dotcom posed a “significant” flight risk.

The defense said that Dotcom has several health-related conditions – one of which is thought to be diabetes – which cannot be properly dealt in prison, adding that the Megaupload founder wanted to be able to spend time with his wife who is currently carrying twins.

Just because Dotcom had access to a helicopter and private jet, Davison added, it did not follow that he would seek to use them to flee the country.

When it was Dotcom’s turn to take the stand he told the Court that during his high-profile arrest last month, police had assaulted him after finding him in a secure panic-room known as the “Red Room”.

“I was punched in the face, I was kicked down on the floor,” Dotcom said. “One guy was standing on my hand so my nail was ruptured and my hand was bleeding, it was quite aggressive.”

Dotcom also told of how that during his time in prison he had received “funny visits”, phone calls and contacts from people he had never heard of including a succession of women wanting to be his friend.

One unsolicited telephone call claimed he was a prosecutor who in return for receiving some money would help Dotcom get bail

“I immediately said ‘absolutely not’ and I gave the number to the officer,” Dotcom said.

Another, the court was told, was said to be an expert document forger.

“If people were to approach me and to offer such a service, I would tell them to go to hell,” Dotcom said. “I have no desire to run away.”

But lawyer for the United States government, Anne Toohey, said that the chances of the New Zealand resident fleeing were too high, a point on which the court eventually agreed.

Describing Dotcom as “an extreme flight risk”, Justice Asher again denied bail. Dotcom is set to appear in court again on February 22nd for an extradition hearing.

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kane4

i think i speak for everyone here when i say, i hope he escapes
- u mad
  
  I think I speak for every sane person, I hope he gets bail and gets the fuck outta jail.
  - bingonnan
    
    and gets fuck outta NZ – its worlds shite hole anyways..
    - Anon
      
      Yawn, such ignorant, hateful comments. You know little to nothing about New Zealand.
    - Anon
      
      Yes, and full of Orcs, apparently.
    - Xxx
      
      WHY did the NEW ZEALAND accepts the fucking LAWS established by the Americans — what did they gained??????
      
      WHY is HOLLYWOOD sucking for more money???
    - Ddgdgdgd
      
      what a hatefull comment and new zealand a nice place.u need to get your fact right it was the amercia who poke there nose in with the goverment over there
- Guest
  
  No, you don’t.
  - GUEST
    
    FREE KIM DOTCOM
- http://www.facebook.com/hopeyoufsckingdie Hope You Die
  
  I hope he proves his and his company’s innocence in the matter and makes the United States as well as the FBI look fucking foolish as hell.
  - LazyDave
    
    One can (foolishly) hope. It does suck to have one’s hopes dashed.
  - Anonymous
    
    FBI already look foolish IMO
    
    not related to mega, but hahahahahahahahahaha
    http://www.bbc.co.uk/news/world-us-canada-16875921
  - Xxx
    
    MOREOVER the FBI will have to pay for all the damage that it has done
    
    THAT will be REALLY NICE to see the face of HOLLYWOOD ++ FBI
  - Anonymous
    
    Maybe it’s just me, but the United States as well as the FBI already look foolish as hell. Not to mention New Zealand.
  - MeryR
    
    I thought it was “We all hope they cant be proven to be guilty” rather than “Hope he can prove innocence.” …
- Anonymous
  
  Unfortunately it’s legal to shoot an escaping prisoner
- guesty
  
  Nope, kim is a scumbag that deserves jailtime.
  While I think what is being done to Megaupload is bad, Kim Dotcom is a sociopath that belongs behind bars.
  Research his history and it’s hard to disagree
  - http://www.facebook.com/hopeyoufsckingdie Hope You Die
    
    History being the key word here.. *eyeroll* Everyone has done something they shouldn’t have at one point or another, that doesn’t necessarily dictate that they’re a bad person or that they’re still doing such things now. Get a fucking clue.
    - Anon
      
      “Everyone has done something they shouldn’t have at one point or another, that doesn’t necessarily dictate that they’re a bad person or that they’re still doing such things now.”
      
      Indeed, but a collective, consistent set of acts can sometimes tell what kind of a person s/he is, can’t they? Much more if they’re documented like that of Mr. Schmitz.
    - Danny
      
      @Anon
      
      The stuff you read about him is ancient history and probably a skewed biased view that is being touted by the media industry. The very same industry that paid to have him banged up!
  - http://www.facebook.com/people/Flibberdy-Gibbet/100002270550493 Flibberdy Gibbet
    
    fail troll is fail
  - I Hate Hypocrates!
    
    and i say you’re just another hypocrate wanna be… since you’re lurking on torrent… either you’re a feds spy… or you just plain stupid that want to play good guy
  - Tesla
    
    He is NOT a sociopath. He has hurt no-one.
    He has not done anything that any Wallstreet golddigger would do.
    You are a sociopath for condemning a man without hearing a defense.
    You belong in a straight jacket in a rubber room for even airing in public such a dictatorship style opinion.
    Stocked, tomatoed and rotten eggs for you and your pathetic opinion.
    Ridiculed and flogged in public for such asinine remarks.
    Stop condemning people without proof!
    Your opinion is officially less than worthless, go air your brain, please!
    - Anonymous
      
      You clearly don’t know anything about Kim Schmitz, how he stiffed people in the past, and reneged on one of his ownership deals with someone when Megaupload was started. He’s a lying, deceiving and greedy piece of shit, and is finally paying the price for this.
    - Anonymous
      
      Wake up Anonymous, read the news. Every single day now hackers of every stripe, criminal and otherwise, are running rings around your failing corporatist governments. You can conduct a war from a bedroom laptop now. We watch your corruption and we bring you chaos in return.
  - Ursaring93
    
    Kim Dotcom’s past doings have nothing to to with Megaupload and the therefore should not be the basis of the ruling in this case.
  - Safoomanaz
    
    boooooooooooooo
  - http://www.facebook.com/people/Kenneth-Edwards/506752834 Kenneth Edwards
    
    ???? do ur research
- LazyDave
  
  You wish.
- Xxx
  
  MAN he should stay quiet UNTIL he is BAILED and go to GERMANY where the fucking AMERICANS — HOLLYWOOD would not be able to apply their LAWS
  
  HOPE germany never sign the ACCORD ++ let more SERVER in GERMANY.
  
  HOPE Germany become the WEB root
  - FinalApokylypse
    
    He’s likely to be extradited.. Staying quiet means hes more likely to end up in America which would be far worse for him.
- Anon
  
  Lockers are done for now (they will all in time lock down public sharing and move to a log in system)…HE IS GOING TO BE THE FALL GUY but he is far from the only one who has profited from these sites…he cannot defeat the USA he has not even close to those resources. As you see he is just a computing geek now totally out of his depth. They know that he is an easy kill.
  
  As for legit files they need to sort that out opening all accounts up on 24 day amnesty to the person who holds the account to let them extract data they need. After that shut mega down. They can’t filter it there is too much data on mega servers and they also cannot out of hand delete it.
  
  Now these raids have happened the mega business is finished people will not return. If he is acquitted the compensation would be insane so they will not allow that. Mega is finished.
  
  Kim DOT fall guy is gonna loose his belly and be banged up the ass in a federal prison in the USA. His PR made him look tough he is just a big sensitive guy…I fear for him in a US jail and feel sorry for him…this is a suicide watch waiting to happen people. They will never let him go they will utterly destroy this man as the FIRST big example. More will come in 2012…the USA will soon announce “a war” on file sharing – shoulder to shoulder with the EU. Had many of those in the past never worked but for a short time they destroyed a lot of peoples life’s.
The one who knows

FUCKING USA
- http://twitter.com/ahm Avery
  
  this is New Zealand, idiot. nobody forced them to comply with any US requests
  - James
    
    Yes they did. Everyone know the US would be putting pressure on NZ.
    Everyone knows the Jews are paying big to get him in Jail.
    - Zig
      
      Obvious MAFIAA troll is obvious.
      
      “James”, just go away with your fake vitriol and your very real anti-semitism.
    - Jewy
      
      Why should he go away, he’s right! The american jews are money grubbing pricks!
    - PlatinumC
      
      Ditto.
      US has been under the jews hands from the age of time IIRC ;)
    - LazyDave
      
      “Everyone knows the Jews are paying big to get him in Jail.”
      
      Actually, I didn’t know that. Then again, I haven’t seen any irrefutable proof of that either, and it does sometimes feel conveniently easier and better to believe whatever one wants.
    - It’s a fit-up
      
      When did this site get infiltrated by Stormfront?
    - Djdj
      
      totally agree everyone know’s that the jews run the entertainment industry….
    - Zig
      
      “totally agree everyone know’s that the jews run the entertainment industry….”
      
      Oh yeah, like Rupert Murdoch. Oh, wait…
  - somebody else
    
    Perhaps, but the studios do spend millions of dollars in New Zealand, it’s one of their favorite filming spots. Could that have biased the local politicians or are they incorruptible?
- LazyDave
  
  Fucking ignorant, hateful commenters. :)
  - Danny
    
    They are hatefilled for a reason.
    
    It is people within the US government that have been bought by the MAFIAA and got this guy locked up, and his business destroyed, without any due process.
    - LazyDave
      
      “without any due process”
      
      Let’s see:
      
      1. U.S. government investigated MegaUpload since 2010.
      
      2. Collected and documented evidence.
      
      3. Grand jury indicted MegaUpload (especially Mr. Schmitz)
      
      4. Secured warrants for seizure.
      
      5. Coordinated with New Zealand authorities especially based on existing extradition agreements between US and NZ.
      
      6. Eventually arrested Mr. Schmitz and seized said articles based on warrants.
      
      7. Conducted bail hearings.
      
      8. Will eventually go through extradition and/or actual trial in the U.S. if ever.
      
      Which part of due process here wasn’t followed exactly? If you’re suggesting one’s assets shouldn’t be seized, much more the seizure warrant be disputed in court before enforcing it, then I suppose actual drug lords should fight those seizure warrants to shut down their drug labs too. While this is an analogy, a point here is the point behind seizure warrants is to gather evidence and stop the activity while giving the accused the chance to dispute all that in court.
      
      (Man, you made me think for a while there! But thanks for helping me exercise my brain cells, which is sadly and seemingly lacking with some if not many people around here. I suppose that shouldn’t be surprising, though.)
    - Anonymous
      
      he had no chance of defending himself before his business (including lots of personal belongings of his customers) has been destroyed
      
      that to me is lack of due process
    - Anonymous
      
      1. U.S. government investigated MegaUpload since 2010.
      
      An odd statement seeing that a good investigation of this magnitude usually takes over 10 years. We can certainly tell they were rushing due to the mistakes made.
      
      2. Collected and documented evidence.
      
      And so many laws they could have broken in the process.
      
      3. Grand jury indicted MegaUpload (especially Mr. Schmitz)
      
      It is very easy to abuse technical incompetence in a one sided story. Copyright protection organizations have turned technical incompetence into an art form.
      
      4. Secured warrants for seizure.
      
      Sold their life away.
      
      5. Coordinated with New Zealand authorities especially based on existing extradition agreements between US and NZ.
      
      Them and at least 6 other countries. Coordinated is right when the FBI even sent the NZ police a photo of the wrong person. So some very sloppy research and badly planned raid.
      
      6. Eventually arrested Mr. Schmitz and seized said articles based on warrants.
      
      76 police offers and 2 helicopters can be classed an overkill seeing that was twice the number of people they sent for Osama Bin Laden. Not to forget Kim Dotcom would have appeared at the local police station on request saving them millions of tax payer funds.
      
      A few lies were told there. Like the gun they found was actually in the safe and he had a permit for it.
      
      Which part of due process here wasn’t followed exactly?
      
      You seem to oddly assume that the concept of Justice applies to this case. No this is just the US War on infringement where they run their “cut the head of the chicken” policy.
      
      Had there actually been due process involved then a good first step would be to prove, using a copyright owner of choice, that MegaUpload actually break DMCA law in Civil Court.
      
      You can call that the “test trial” to judge their legality before making what may be a huge mistake. Only should they fail the Civil case would it be appropriate to pursue a Criminal case.
      
      If you’re suggesting one’s assets shouldn’t be seized, much more the seizure warrant be disputed in court before enforcing it
      
      I would believe it best to actually hear both sides of a story before taking down a multi-million dollar corporation.
      
      then I suppose actual drug lords should fight those seizure warrants to shut down their drug labs too.
      
      Drugs now? Why not add bombs, terrorists, CP and more?
      
      Since you also ignore the harm caused to 4% of the Internet and millions of lawful files then let us try another analogy. This raid was more like burning down the Library of Congress because a few bad people were slipping in unlawful documents.
      
      Let us keep in mind that Copyright can be infringed lawfully in many ways from “fair use” down to DCMA “safe harbour”. In other words it is much less clear cut then finding bags of cocaine.
      
      While this is an analogy, a point here is the point behind seizure warrants is to gather evidence and stop the activity while giving the accused the chance to dispute all that in court.
      
      Had Justice been their goal then they would not have seized all his accounts to try to deprive him of the best lawyers he could afford. Their action is clearly an overkill when this business has well demonstrated to date their aim to comply with US law and to fight Court cases.
      
      Yes their aim is to shut down their Mega business using every legal trick and abuse of the law known.
    - Kr0nZ
      
      @Anon
      the part where they raided his home, seized his equipment, seized his money and shut down his site.
      Doing all this before even letting Dotcom getting wind of it
      
      I was under the impression ‘due process’ was giving someone a chance to defend themselve BEFORE ruining their life and business!
      Even if he wins the case, damage has been done MU will never be as big as it was because of your Mafiaa buddies
    - LazyDave
      
      @Violated0
      
      “Had there actually been due process involved then a good first step would be to prove, using a copyright owner of choice, that MegaUpload actually break DMCA law in Civil Court.
      
      You can call that the “test trial” to judge their legality before making what may be a huge mistake. Only should they fail the Civil case would it be appropriate to pursue a Criminal case.”
      
      While researching to write an article on the subject, I came across this:
      
      http://en.wikipedia.org/wiki/Copyright_infringement#Criminal_liability
      
      “Article 61 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) requires that signatory countries establish criminal procedures and penalties in cases of “willful trademark counterfeiting or copyright piracy on a commercial scale”. Copyright holders have demanded that states provide criminal sanctions for all types of copyright infringement.”
      
      I’m not citing Wikipedia as an authoritative source, but as a place to start. That likely explains how and why there are laws “criminalizing” certain aspects of copyright infringement.
      
      “I would believe it best to actually hear both sides of a story before taking down a multi-million dollar corporation.”
      
      I agree. Again, an idea (well idea, anyway) behind asset seizures is to gather evidence and especially stop the activity while still giving them a chance to dispute it all in court. If the respondent/defendant wins, the law can allow them some reprieve depending on how determined they are to pursue it. Otherwise, why bother going through trial at all?
      
      (Personally, I’d rather the law include provisions to likewise hold authorities accountable for their actions if they especially…especially…bring about what’s actually a frivolous claim, like what happened in Dajaz1. I mean, if you want to hold someone accountable, it’s only fair the same be applied to you, right? But that’s just me, of course.)
      
      Spinning folksy analogies can be sometimes fun, as long as it accurately explains reality. One doesn’t have to like it, of course, but it helps to be aware and understand how and/or why something happens in the real world in order to possibly…possibly…avoid it.
      
      I guess you didn’t read the indictment then? Or is it easier to just disregard them as fantastic rubbish without actually debating the points raised there? I actually would’ve disagreed with some of the details pointed out in the online indictment if I didn’t find certain laws and legal decisions actually supporting it (well certain, anyway), and I’m not even a lawyer!
      
      If there are two things I opined from this episode, they are:
      
      1. One should expect their opponent (even the government) to not necessarily be fair dealing with you. (and I’ve had my fair share on my side, but thankfully got them resolved…)
      
      2. One ought not to give someone a materially-enforceable claim against you.
      
      Unfortunately for MegaUpload, they did especially the latter. It’ll be obviously outrageous if the government seized your property, raided your home and arrested you without any legally-valid basis, but that’s not quite what happened here even if one wishes to believe some conspiracy occurred.
      
      “he had no chance of defending himself before his business (including lots of personal belongings of his customers) has been destroyed”
      
      @Anonymous – no chance because he can’t pay to get good lawyers? If anything, the government is making it practically hard (if not impossible) to afford defending himself. But if NZ laws are similar to those in the U.S., then a court can probably appoint one for him. Don’t know if there are any willing takers, though, unless someone likes a challenge such as this.
      
      If/when this hits actual trial, we’ll then see more details. Although I can’t help but think Mr. Schmitz is in deep shit, I’m always willing to give the benefit of the doubt. Then again, all this is ultimately dependent on the judge, jury, etc. deciding the case despite what everyone else wants to believe anyway.
  - /b/loody flies
    
    no,you are delusional if you dont think the filthy jews control America,they have been kicked out of every country they tried to settle in and the whole dam world hates them as a race so doesn’t that tell you something about the filthy kikes? the jews are trying to controll the whole internet now ,prob to raise more money to kick out the Palestinians so they can keep there land.dig deep enough into most of the worlds issues and you will find a smirking jew counting his millions
    - LazyDave
      
      Yawn. Racist, hateful, delusional, ignorant comment.
      
      In my country, Jews are welcome just like everyone else who comes here. Americans, Brits, Aussies, Chinese (some of whom are very commercially successful here), Muslims, Protestants, even Buddhists.
      It’s a shame you have to comment like that, much more 3 people (as of this comment) liking it.
      
      Try letting go of such hate and ignorance like that for a change, just as I’ll be letting go of this comment soon after and moving along. I wish you well. Really, I do.
James

lawyer for the United States government ? Isn’t this a copyright case?
Fuck the fascist US, JEWSA. The US is now the biggest threat to the world, and would be the biggest threat to us all that we have ever seen.
John Key

New Zealand. America’s bitch.
Realguides

Kim Dotcom in Court 3/02/12

http://www.youtube.com/watch?v=OSQitZdVToE
- http://TorrentFreak.com Enigmax (Andy)
  
  Thanks, we’ll add that in above
- ZiggySig
  
  Did I understood the last part correctly? The prosecutors can’t even read the documents without stamping “guilty” all over it?
  - LazyDave
    
    That’s the point of their side, isn’t it? But of course, prosecutors know very well they’re not the ones ultimately deciding who’s guilty.
  - http://tinyurl.com/ANoiXioNA-personal-info ANoiXioNA
    
    That’s ridiculous….. omg…
    
    They can’t even decipher the date format on a visa/passport……
    Guess all that talk of multiple passports/visas was just bull misinformation.
    - http://twitter.com/icanhazsake Ninja
      
      One paid not to do so. Money my friend, speaks volumes. If money says he had multiple passports then he had multiple passports. If money says he was a dangerous Godfather then he was a dangerous Godfather, much like Tenebaum and the UK student from the file sharing forum. Haven’t we learned this sad truth yet?
    - Tom
      
      That was a huge WTF moment.
James

He really needs a better lawyer. He cannot be extradite to the JEWSA as he would not receive a fair trial and his life would be in danger! He should be able to claim asylum. Also, isn’t NZ a common law country? Will he be receiving a trial by Jury, and if not, why? He should then approach the Queens bench.
- LazyDave
  
  “Will he be receiving a trial by Jury”
  
  If it makes you feel better, he will be based on what the indictment indicated.
- http://twitter.com/YabbaDabbaTru YabbaDabbaTru
  
  wow, you get quite the hard on for Jew’s. Leave your address and i will send you some more rubber gloves and ky jelly.
Pingback: Niegan (otra vez) la libertad bajo fianza al fundador de Megaupload - FayerWayer
http://www.facebook.com/rene.a.sanchez1 Rene Sanchez

Wow all this Money and time that there wasting they should just slap on the wrist and that is it,!! for the US and the others should worries about More Important thing’s and stop wasting Tax payer’s Money On this type of Bullshit just give the guy his Bail and they are Violating His Civil Right’s
Pingback: Delimiter – Megaupload founder denied bail again
http://twitter.com/sexvids sex video news

lawyer for the United States government, Anne Toohey …hmm this guy is holding up alone against the USA … kudos bro !
fuck the Mpaa

damm New Zealand sound as bad as the us is get
- LazyDave
  
  If this is what you have to go on to reach that conclusion, then you’re limiting yourself to what New Zealand has to offer.
  - -1
    
    I live in Christchurch, NZ. It’s just as awful as it sounds.
Pingback: Dotcom, el fundador de Megaupload, acusa a la policía de asalto y agresión: “me patearon en el suelo”
Mc

Theres no way he is going to get a fair trial in america. Id run too.
Pingback: Dotcom, el fundador de Megaupload, acusa a la policía de asalto y agresión: “me patearon en el suelo” #iMapas — #iMAPAS
Anonymous

I think the Court is wrong on that matter when he has never run away before and with all his companies and bank accounts locked up he has far too much at stake to not fight back and recover what he can.

Still staying in jail could be worse and why can’t his wife visit him?

What I find most bad in all this is what he was arrested for in the first place. That document was wrote by an idiot who does not even know the law and only knows how to abuse it. Based on what we can understand then what we cannot fully understand causes huge doubt.

I doubt DoJ will have an easy case here when us file-sharers are well aware of the thousands upon thousands of links they did DMCA take down. So now they moan about like 0.000001% of files which is not proof of anything yet anyway.

The end result is always the United States wanted to destroy this company and they only stuck enough shit reasons together to fool enough people to get it done.
- Anon
  
  “That document was wrote by an idiot who does not even know the law and only knows how to abuse it.”
  
  And you know better? Are you completely and intimately familiar with New Zealand law et al?
  
  I don’t claim to be, but I’ve read enough online to understand (and somewhat grudgingly agree) with this latest development on Mr. Schmitz.
  - Danny
    
    The new incarnation of Anon is even more retarded than the last!
    
    Have you read the indictment? (your boss probably wrote it) It is not based on proof but on a load of hear say bullshit made up by the MAFIAA. There is no proof of any of the insinuations and for a CIVIL matter like copyright infriongement they should have sued him.
    - LazyDave
      
      “Have you read the indictment?”
      
      Yes I have, which can’t be said the same for some people around here. It’s filled with charges that will be heard and demonstrated in actual court, and Mr. Schmitz et al will be given a chance to logically, factually, reasonably dispute them all.
      
      I actually feel lazy to point them out since I already have in other places with other ignorant, hateful, lazier people who felt like commenting what they don’t like without bothering to read…much more understand…the charges labeled against said respondents. Then again, if arguably narrow-minded people like you still won’t be convinced of the charges and so on inspite of the material, or even try to debate the rationale behind the charges rather than spew off bullshit, then I guess there’s no point arguing or convincing you. OTOH, I don’t have to convince one like you of such.
  - Anonymous
    
    Gee it was a United States document and not New Zealand. The only used Interpol to pull it off in other countries.
    
    Do I really need to remind people? I guess it needs an update so quotes follow…
    
    The indictment alleges that the site was structured to discourage the vast majority of its users from using Megaupload for long-term or personal storage by automatically deleting content that was not regularly downloaded.
    
    That is called saving server space and part of the T&C. I believe premium users had longer storage.
    
    In addition, by actively supporting the use of third-party linking sites to publicize infringing content, the conspirators did not need to publicize such content on the Megaupload site.
    
    Pirates can certainly list their uploads on 3rd party sites, like filestube, without any help from MegaUpload. Mega pointing users to third party search sites does not seem a problem. Then let us not forget that media owners need these same sites to either publish their own works or to find them to issue Mega a DMCA take-down notice.
    
    Instead, the indictment alleges that the conspirators manipulated the perception of content available on their servers by not providing a public search function on the Megaupload site.
    
    Now the DoJ go retarded. Based on US Court cases against RapidShare and HotFile it has been found to be unlawful for a Cyberlocker to provide a search function. How can they expect someone to do something unlawful?
    
    and by not including popular infringing content on the publicly available lists of top content downloaded by its users.
    
    Yet more retarded. So they now moan at MegaUpload for NOT promoting infringing content?
    
    As alleged in the indictment, the conspirators failed to terminate accounts of users with known copyright infringement
    
    That is NOT what I publicly heard. They are certain to carefully follow DMCA law but everyone can soon see the evidence in court.
    
    selectively complied with their obligations to remove copyrighted materials from their servers and deliberately misrepresented to copyright holders that they had removed infringing content.
    
    Only claims by the RIAA and we know what liars they are. They do kill the links and I have seen thousands taken down myself.
    
    For example, when notified by a rights holder that a file contained infringing content, the indictment alleges that the conspirators would disable only a single link to the file.
    
    Since all related uploads share the same file to save sever space then it is correct to only move the link and not the file. Some lawful reasons include…
    
    1. A rights owner may only want to remove unapproved copies of their own upload and not their own original source file.
    2. In most countries a personal backup of purchased media is allowed so it is fine to upload and view anywhere provided they do not make public the link.
    
    Why should they have their lawful uploads removed because someone else infringed the same file?
    
    deliberately and deceptively leaving the infringing content in place
    
    Correct. However the vast volume of DMCA “take down” notices well highlight that infringing public links are taken down on request.
    
    to make it seamlessly available to millions of users to access through any one of the many duplicate links available for that file.
    
    I expected this is more retarded DoJ. Are they even aware that pirates upload many copies because MegaUpload keep deleting them? Do they even know DMCA law? Owners have to find the links to request their take-down.
    
    The indictment charges the defendants with conspiring to launder money by paying users through the sites’ uploader reward program and paying companies to host the infringing content.
    
    That is the worst definition of money laundering that I have ever heard! The money of paying customers are hardly illegitimate funds to have the need to launder them and “giving it away” is hardly a genius laundering plan.
    
    The reward programme fairly exists to encourage people to upload. That is a fine idea until infringing files cause a problem and it is totally impossible for Mega to know what files are unlawful and what ones are not.
    
    Even the RIAA totally messed that one up when it came to DaJaz1. If they can’t do it right then who can?
    
    So what fucking monkey write that moron document which I easily blew of of the water?….
    - Mmoe
      
      Seriously you should be the one representing them!!
    - Anonymous
      
      If I can do that based on basic understanding of Mega and past Cyberlocker court cases then imagine what a team of top grade professional lawyers can do who know the situation a lot better than I?
      
      I would not be professional enough to represent them. They are also sure to have a rule about calling the Government’s appointed prosecutor “a retarded prick who should fuck off and die” :-)
      
      It seems clear to me that they not only misunderstand why Cyberlockers work the way they do but they also fail to consider “fair use” exceptions.
    - LazyDave
      
      “Gee it was a United States document and not New Zealand.”
      
      Actually, I also thought you’re referring to the U.S. indictment. I just initially thought you’re referring to this NZ bail thing since this is the main discussion point here. If you read the indictment fully as I have, then you’ve surely seen what the government will eventually allege and demonstrate. Namely, not removing the infringing content a year after reported, and MU employees allegedly (allegedly, anyway) giving financial incentives to those posting (and sharing, IIRC) copyrighted material without their owners’ consent. That and more will be revealed if/when this thing hits actual trial.
      
      If there’s one thing I do agree with people expressing outrage on, it’s this:
      
      “Even the RIAA totally messed that one up when it came to DaJaz1.”
      
      But that’s after reading related material, much more “consulting” with actual lawyers who fortunately took time to answer questions when asked. Now that one I’m not happy (saddened, actually) about because the government virtually didn’t “exactly” follow the law, much more somehow compensate the Dajaz1 folks for that.
      
      But…life isn’t always fair. That’s why we make the best and most of it.
    - Danny
      
      @Anon (Lazy Dave)
      
      Destroying someones livelyhood because of corruption and misinformation is not ‘life’ its tyranny. The USA was setup to stop tyranny, just think of the irony!
fifi

‘but by an expert document forger’ – surely he means a ‘crap document forger’ – an expert one wouldnot be in jail!
- Anonymous
  
  Who said (s)he was in jail?
http://www.facebook.com/people/Flibberdy-Gibbet/100002270550493 Flibberdy Gibbet

this is all bs smoke and mirrors… the whole reason they busted kim was that he was about to go live with a site that allowed music artists to sell direct to listeners and fans bypassing the utterly useless record companies. they even arrested his graphics artist LOL so obvious what this all was about.
- Tomlee80
  
  That is the case from what I’ve heard too.
- Danny
  
  Too true!
  
  I just hope he has the funds to smack the USA upside the head and launch it anyway!
  - Tesla
    
    If not, we can always donate to his cause.
    I know I will. And I never even used any Mega sites.
- Hn333
  
  LOL you guys are idiots.
  - LazyDave
    
    That’s an understatement.
Hoopsnake

Let’s hope he’s getting enough pies.
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Standingo

Fatty McFat Blubber
Levil

So, I’m just wondering something. Did everyone here just spontaneously become an anti-Semite, or were you always that way and I just didn’t notice before?
- Temple
  
  You got it all wrong. They are the ones who control and run the USA, Hollywood included, and they are the ones suing and screwing everyone. I am anti-those-people. The fact that they are Jewish is their problem.
http://kosso.co.uk kosso

I don’t think he’s be a flight risk at all.
He’d also be an incredibly hard person to hide.
- Tonybalony44
  
  …inside your mom
- LazyDave
  
  “He’d also be an incredibly hard person to hide.”
  
  Hmmm…with his 6’6 height and 290 lb frame…you might have a point there. :)
Barse

Time for all countries to end extradition arrangements with the United States.
http://kosso.co.uk kosso

An interesting and valid point made by Kim Dotcom in the video (from around 2:40) about the vast legitimate use of Megaupload :

“We are hosting 12 billion unique files from over 100 million users. And if you take all movies [and] music files together, that have ever been made, and even [if] you have have ten instances per movie, per music file, you will never have more than 100 million files.

So, we have 12 billion unique files on our servers, [which] clearly shows that the legitimate number of files outweighs any infringement by a vast majority.”

Naturally, this doesn’t account for compressed / split files, often used for illegitimate use, but it’s still a good case for allowing the legitimate users access to retrieve their digital property.
- LazyDave
  
  “but it’s still a good case for allowing the legitimate users access to retrieve their digital property.”
  
  I doubt anyone’s disputing that. But if anyone is materially obligated to help those legitimate users to retrieve, say, their theses, it’s MegaUpload. I do hope they’ll figure that out for them, and fast.
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Tesla

fREE tHE mAN
He is NOT a terrorist.
Innocent till proven guilty.
1 alleged copyright infringement does not deserve terrorist treatment.
The U.S.A. Feds are the terrorists!!
This will be a black year for them.
A year the world will remember as the year the U.S.A. falls.
The American Roman Empire Declines and Rome U.S.A. burns as Nero Plays…
- Jim
  
  what about money laundering charges, etc?
  - anon
    
    these are bogus at best
    - LazyDave
      
      That will be determined, much more decided, in trial. Of course, one can always believe Mr. Schmitz et al won’t get any so-called fair trial, depending on one’s definition. But hey, is any trial is better than no trial?
      
      (And sorry to the actual Anon guys. I’ve been wanting to use my LazyDave nick again, but Disqus apparently won’t let me in this specific article. Ah well.)
Guest

help Anonymous, Destroy everything. We Need You
- BionicTeddyBear
  
  http://xkcd.com/932/
- LazyDave
  
  Until they compromise a web site where your credit card details are stored in, perhaps. Zoiks.
- Anonymous
  
  http://www.bbc.co.uk/news/world-us-canada-16875921
  
  read that and try to stop yourself smiling xD
Tesla

Google, Yahoo, Bing, Wiki..etc.. are all just as guilty, if there is any guilt.
I don’t believe or agree that there is any guilt. Its called sharing information which we as the people of the world have a right to. The U.S. Corporation of Media cannot suppress the world.
They are not immune to the wrath of the people.

My LOIC and HOIC s are aimed and ready
Set the date!
Tesla

Too bad Kim’s not an American Citizen, we could vote for him to become the next President.
That would be enjoyable.
- BionicTeddyBear
  
  I guess that means drinking car battery acid is enjoyable too…
1ofmillions

we r borg….resistance is futile…..you will be assimulated

all hail tpb
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John WooHoo

NZ police probably wanted to soften him up to get to plead guilty so its easier for them and US.

You know how it is with some lazy & abusive cops. They ignore the law since they are above the law.
exhaust

They are making an example out of him. The MPAA and the US government want to crack down on file sharing right? What better way than to paint one of the largest, most influential people in the fire sharing world as an evil criminal? Rally support of the ignorant. He definitely broke some laws but they are sending him straight to the butchers block.
Anonymous

Looks like porky will be sitting there for a while. The High Kangaroo Court has spoken lol. surfing-anon.tk
- Guest
  
  spam
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http://profile.yahoo.com/KNWWZLQ4XNS3RZ3H2GZ3CW4PKI Judy

wowwww!!!!!!!! I found a wonderful place for seeking casual lovers and one night stand thing… it is #### casual’mingle. ‘co ‘m ####?What r u waiting for? sign up free and get hooked up right now!!!!
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nightflier

The United states of new zealand, seems the usa have there foot in every country almost ? and the annoying thing is all these countries allow themselfs to be dictated to by the yanks. Why dont these governments get there own brain and run there own country as it should be run.
Erthwjim

So this is how wikipedia describes racketeering:

Several forms of racket exist. The best-known is the protection racket, in which criminals demand money from businesses in exchange for the service of “protection” against crimes that the racketeers themselves instigate if unpaid (see extortion). A second example is the numbers racket, a form of illegal lottery.

Why does that first part, protection racket, sound more like what the MPAA and RIAA do in the form of their suing schemes than what Megaupload does? In fact I would say what is happening right now to the Megaupload founder is more in line with racketeering than anything Megaupload probably did. Hypocrisy abounds within the entertainment industry, from the top executive level down to the artists.
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http://profile.yahoo.com/RAIXMP3GGC7ALBVJVBNLTNF3EY Snuffaluffapuss

Remember that guy Bernie Madoff who swindled people out of countless millions and was worth a fortune? Clients and his own family actually killed themselves because of his douchebaggery. Yeah, he got bail. Lovely system we have here eh?
- LazyDave
  
  Last I read, Madoff’s confined in FCI Butner Medium after his sentencing. So…it’s all worked out, right?
  - http://profile.yahoo.com/RAIXMP3GGC7ALBVJVBNLTNF3EY Snuffaluffapuss
    
    Not sure what that has to do with being granted bail, which this article is about, right?
    - LazyDave
      
      Ah sorry. If anything, it depends on each case’s set of facts, which is something lawyers with real-world experience have consistently drilled into my thick skull. It so happens the judge in Mr. Schmitz’s case was convinced of flight risk, so denied bail. One may find that unfair, but you’re bound to find others who likewise were denied bail as well for lesser or worse crimes.
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jack murdock

Im not so sure about those figures he dropped at the end. There are around 8 million bands on myspace alone and many of them have multiple albums out. If you assume that each artist has an average of 3 albums and there are 10 copies of each album, you are already left with 240 million files.

But how about video games? Well, lets assume that there are 20,000 games out there. and each one has 10 copies like he said. Another 200 milllion files. But then again, many recent games are too big to be downloaded as just a single part, right? I’ve seen games that are split into as many as 20 separate parts, but lets just go with 15 parts.shall we? This brings it up to 3 billion.

How about tv shows an movies. Well, as of today, imdb has 2,109,194 titles on hand which adds at lest another 20 million files.

The reality of the matter is that most things are copyrighted and that creates a huge demand for them on filesharing sites, especially all the latest and greatest movies and games.

Billions of people don’t flock to megaupload to either pay for a premium account or wait in line to download something that is freely available anywhere.
- Anonymous
  
  “But how about video games? Well, lets assume that there are 20,000 games out there. and each one has 10 copies like he said. Another 200 milllion files.”
  
  Problems with math, dude?
  
  EDIT: Btw, you really think every single song, game, movie and series is on MU?
  - http://pulse.yahoo.com/_UJ4XRIA3A3E6MYGK755EGWLN4Q Dani A
    
    he also missed the fact why the site was raided in the first place…
    the site uses a hash of each file to check to see if its already uploaded, and if so, it just provides a link to the already existing file…
    and when asked to take it down, they deleted the link instead of the file…
    so there would only be 1 or 2 copies of each file… (if one was packaged distinctly different from another, for example.
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Nomailforyou

Imagine a world without the USA. Not peaceful world, not world at war. Just normal. Imagine a world in which Europe says “I don’t care” to US government claims, instead of spreading ass cheeks. Oh the great world it would be. All it would take would be to fire the european comissioners, who obviously are US spies.
Just tell the US gov. agents to eat shit, and respect the US people.
Utopia banished ? So far, yes, but for how long ? Nobody needs the nazi US government.
- Heh…
  
  I’m with you on this!
  
  I’m from Switzerland and if the USA come and try to meddle in our affairs… to quote a famous American film: we’ll give them a war they won’t believe. Not a military war but a war of will (although we’d kick their ass if they invaded).
  
  Frankly I think Switzerland gave quite a bit of shit to the USA in recent years, which I’m proud of.
  Last year Bush canceled a visit here after a group of citizens threatened to have the authorities arrest him for war crimes. The DHS (or was it the Secret Service?) shat their pants at the thought of an angry Swiss mob.
  
  We also had the Polanski case: the USA refused to do all the paper work and provide all the required information about his first trial in the US. Instead of telling them “sure, we’ll ignore our own laws and send him to you” like most European governments would do, we told them “fuck you, if you won’t do as we say he goes free no matter what he did”.
  
  And recently. Switzerland was one of the few countries who refused to sign ACTA.
  
  Don’t get me wrong, we’re not perfect but we’re really closed to foreign interference of any kind.
  And I admit we’re not really a pain in the USA’s ass, at least not when they don’t try to fuck with us. But that’s the thing, every time they try to mess with us they fail miserably because we don’t bend over to them.
  
  Downloading here is legal, uploading is not enforced (the police won’t do shit about it. You have to sue people yourself, and then the courts would only force the guilty party to pay $1 per song they shared (no matter how many times they shared it).
  We also don’t extradite citizens no matter what, unlike the UK or a few countries involved in the Megaupload shitstorm.
  
  And if we need anything, we can do a referendum at any time to change the law or force the government to do what we, the people, want. If we cared enough about it, we could make file-sharing 100% legal, including hosting websites full of torrents and actual files. The thing is, we don’t care at the moment because as I mentioned above, downloading is legal and there’s plenty of sources to get the files from.
  But this I am very sure of: if the USA could magically kill every source of “pirated” content on the web, we’d immediately have a referendum to make hosting and distribution of such content legal in Switzerland. We’d change the law so that anyone in the world could host a website like the Pirate Bay, except with actual files instead of torrents, on servers in Switzerland. I’m sure there would be enough young voters who’d strongly care about this to make it happen.
  Seriously, a referendum is all it would take. Too few people would be against piracy AND care enough to vote to stop legalizing it through referendum.
- http://pulse.yahoo.com/_UJ4XRIA3A3E6MYGK755EGWLN4Q Dani A
  
  I am with you on this… and I am a US Citizen… :| can I yet be considered a refuge from a totalitarian regime?
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Fon Master Ion

I think THIS Should be a “Payday: The Heist” Mission:
Break Kim Dotcom and Other MU People that were Arrested, OUT Of Prison.
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Santyacoolie

New Zeland is suck a pussy having extradite agreements with the corrupt hollywood controlled power. Same thing that happened to the prince of pot in canada. the US reached in an took him out to arrest under laws in a county he wasnt in! they should not be able to do this!
Anonymous

Search and download all the great stuff from the file-lockers that are still operating and put them up on the torrent scene. This is the start of the end of filelockers. Soon you won’t be able to access stuff other people have uploaded and made public. When blogspot (Google) announced they were not going to allow people to put up music blogs with download links to material, I didn’t think it mattered. Now I realise it did because I sourced hundreds of rare tracks from people’s personal blogs (esp. vinyl rips). I’m hitting 4shared, zippyshare and filestube hard at the moment – I learnt my lesson and this time I’m going to grab as much as I can. As Kim Dotcom says in the video – Megaupload hosted billions of file – if thats the case imagine how much will be lost if all filelockers are shut down. As a little test type into Google this:

zippyshare deadmau5
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Gguest

In my opinion it is quite ironic that we are telling all these sites to STAY AWAY from American domains and hosting YET TORRENTFREAK is hosted in the USA… It would be a good idea to move this site out of the USA as a statement.
bismarket

Hollywood spends almost $80Million on movies like Jack and Jill yet claim they’re losing this/that cash every year. who do they think they’re kidding?…The NZ courts apparently;-(
Drostie

A bit of a technical point to the article-writer, and this came a bit as a surprise to me as well:

At least legally speaking, he is not accusing them of “assault” but rather “battery.” Assault is when I punch my fist into my palm while looking at you menacingly. Battery is when I go a step beyond that and punch my fist into your stomach. Assault is the crime of threatening violence; battery is the crime of actually being violent.
Anonymous

Dotcom added that during his time in prison he had been approached not only by women wanting to be his friend, but by an expert document forger.

Maybe the latter is who Obama should have used instead of the idiot he got to create his fake birth certificate.
hollywood rules!

go hollywood…you’re getting what you want…. It’s unfortunate that in this day and age we live, overblown stage presence influences political and legal decisions. spend time and money elsewhere…
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Alihgahgh

come on guys megaupload hosted almost every hollywood production ever created what did they think was gonna happen.

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