Megaupload Trial May Never Happen, Judge Says

Ernesto
April 20, 2012
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MegaUpload
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A US judge has put a bomb under the Megaupload case by informing the FBI that a trial in the United States may never happen. The cyberlocker was never formally served with the appropriate paperwork by the US authorities, as it is impossible to serve a foreign company with criminal charges.

The US Government accuses Kim Dotcom and the rest of the “Mega Conspiracy” of running a criminal operation.

Charges in the indictment include engaging in a racketeering conspiracy, conspiring to commit copyright infringement, conspiring to commit money laundering and two substantive counts of criminal copyright infringement.

While the prosecution is hoping to have Megaupload tried in the US, breaking news suggests that this may never happen.

It turns out that the US judge handling the case has serious doubts whether it will ever go to trial due to a procedural error.

“I frankly don’t know that we are ever going to have a trial in this matter,” Judge O’Grady said as reported by the NZ Herald.

Judge O’Grady informed the FBI that Megaupload was never served with criminal charges, which is a requirement to start the trial. The origin of this problem is not merely a matter of oversight. Megaupload’s lawyer Ira Rothken says that unlike people, companies can’t be served outside US jurisdiction.

“My understanding as to why they haven’t done that is because they can’t. We don’t believe Megaupload can be served in a criminal matter because it is not located within the jurisdiction of the United States,” Rothken says.

Megaupload’s lawyer adds that he doesn’t understand why the US authorities weren’t aware of this problem before. As a result Judge O’Grady noted that Megaupload is “kind of hanging out there.”

If this issue indeed prevents Megaupload from being tried in the US, it would be a blunder of epic proportions. And it is not the first “procedural” mistake either.

Last month the New Zealand High Court declared the order used to seize Dotcom’s property “null and void” after it was discovered that the police had acted under a court order that should have never been granted.

The error dates back to January when the police applied for the order granting them permission to seize Dotcom’s property. Rather than applying for an interim restraining order, the Police Commissioner applied for a foreign restraining order instead.

The exact ramifications of the failure to serve will become apparent in the near future.

Update: Megaupload founder Kim Dotcom responds, and he’s not happy.

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Whoops

The good old U.S. of Arse!
- yello
  
  finally, true justice, the system isnt totally broken
  - Anonymous
    
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  - Fokcispa
    
    Hahahaha wait and see, the US will do something to make a prescedent out of this, if there is no law or correct procedure to do this, they will make it, easy as that, that’s what lobbies and politicians are for : )
    - Anonymous
      
      I wonder if Sweden will allege he thought about sex then request extradition so the US can grab him. i.e. the Assange manoeuvre!
  - Adsfgh
    
    I would rather say that real goal is keep him in custody and seize hardware for a long time, as the real trial would result in freeing him.
    - Anonymous
      
      what Nicholas implied I’m amazed that a student can profit $9598 in one month on the computer. have you seen this webpage ==>> http://sure2go.blogspot.com/
  - Fuckyou
    
    effin fbi faggots, good for them, always up in someone elses shit. they knew they couldnt do that, they just were hoping no one else knew they couldnt do it.
  - http://twitter.com/pranzak Triky Lyky
    
    Ha! US corrupted government.
  - Anonymous
    
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- Anonymous
  
  as Jack answered I am blown away that a student able to make $6529 in four weeks on the internet. have you seen this webpage >>> http://hireworker.wordpress.com/
- Blargh
  
  Don’t confuse the country with its corrupt, Arseholian government.
  - Bloaxor
    
    United Slaves of America? You mean those guys?
    
    Yeah, poor fellas.
    - Luckyd2039
      
      What great Utopian Society do you hail from?
      
      Are you one of those people that blame the rape victim?
    - http://profiles.google.com/zerianis10 Christopher Kidwell
      
      Luckyd, totally different things and yes, sometimes the rape ‘victim’ is at fault for cockteasing a guy/girl to the point of temporary insanity.
- Anonymous
  
  what Mike implied I am impressed that anybody able to make $9149 in 1 month on the internet. did you read this web link >>> http://realjobseeker.blogspot.in/
  - Jmorse43508
    
    Bullshit, you stupid work at home scammer!
- http://profile.yahoo.com/6A7UCUBXC7CLJVTRW6EWLNZRI4 Dee
  
  as Julia answered I didnt know that any one able to profit $7632 in a few weeks on the internet. did you look at this webpage!!! http://Gotoonlinejob.blogspot.in
- http://profile.yahoo.com/ZH3IFCBTGRQYNVBM62NIW3PWAM Kristin
  
  what Steve answered I’m alarmed that anybody can profit $4550 in 1 month on the internet. have you read this webpage (Click on menu Home more information) http://goo.gl/SQCsU
- Anonymous
  
  what Robin answered I’m alarmed that some one able to earn $4067 in 4 weeks on the computer. did you look at this website ===>>http://starjob.blogspot.in/
- Anonymous
  
  as Kim replied I cannot believe that anyone able to profit $7563 in four weeks on the computer. have you seen this web link ===>> http://seekwork2home.blogspot.com/
- Anonymous
  
  like Lillian said I am dazzled that a person able to profit $5335 in 4 weeks on the computer. did you see this web link ===>> http://seekwork2home.blogspot.com/
- Anonymous
  
  One of best friend share his online work, he told me the that last couple of days, he got paid 1600$ through internet work, I was amazed that I would you like to provide the webpage ??http://startbytoday.blogspot.com
Dundee

Is IT now Time To “MegaMistake”, it sound really awful .
- obscure or just stupid
  
  ?
  http://askyaz.com/wp-content/uploads/2011/03/worst-joke.jpg
Tru_freak

Good Finally shit starts falling into proper place
Anonymous

I Love This !!!
Fuck You MAFIAA & Fuck You Washington.
And I hope that our US Gov has to pay through the Nose for all they have done to MU & To Kim Dotcom.
Being Guilty of something does not matter at this point one bit but Justice must be served.
And our Gov & Others had put their feet in their Mouths long before this News Story.
Boycott The MAFIAA
No Theater & No NEW MAFIAA
Buy Used MAFIAA & Spend your Cash on New NON-MAFIAA INDIE Stuff.
- Andrew Lee
  
  LOL I could not help to think of “fuck you whale and fuck you dolphin!”
- Guest
  
  You know, before January of this year, I was going to go see Dark Knight 3 and Avengers in the theater. After SOPA and PIPA (and now CISPA), I decided I was going to stop going to movies altogether, but would grandfather those two movies in. Now, after the MU boondoggle, I’ve decided I can’t afford to donate a single penny more to the MAFIAA’s war chest. I’m not going to see those movies in the theater, and I encourage everyone reading this to go on a complete boycott of any and all MPAA/RIAA backed products, from now until those organizations no longer exist. Trust me, you won’t be missing much.
  - Titania Bonham-Smythe
    
    I still buy CDs (I’m old fashioned) but since SOPA/PIPA I only buy them second hand.
    - CLL
      
      Same here. I buy my cds second hand, although I will make exceptions for independent labels and bands who really deserve my money.
    - Guest
      
      I’m completely ok with people buying it second hand. The important thing is that the MAFIAA doesn’t see a penny from you, no matter what.
    - Guest
      
      Indie stuff is fine, too.
  - Anyone
    
    waiting a few more weeks/months for the DVD/Bluray Rip is an acceptable price to fight those fuckers
  - Scott Larson
    
    Great, we need more people like you.
    Sign the petition and make yourself heard
    http://www.change.org/petitions/no-more-attacks-on-file-sharing-culture-and-technologies-pledge.
    We cant be ignored when we have numbers of people work together to bring to light all of the corruption in this country.
    - Legtitimate007
      
      im voting right now
- Anonymous
  
  Before anyone gets their hopes up, I don’t think we have all the pieces to the puzzle here. Although Megaupload – the corporation – has not been served, my understanding is that the seven defendants were served. So, it is still possible that a criminal case could go forward, just without the corporation as a defendant.
  
  However, this could complicate things tremendously because it is unclear how the corporate assets could be seized, whether the evidence was improperly obtained, etc.
  
  But I’m not a criminal attorney and am not sure how this all works, but I can tell from what I’m reading that we don’t have all the information we need to celebrate just yet.
  - http://profiles.google.com/zerianis10 Christopher Kidwell
    
    Forgetting something: NEVER DID THEY ENTER THE UNITED STATES! That means that they cannot be charged with crimes in the United States by international law.
    
    The United States and some other countries are trying to BS that they can make ‘extradition treaties’ to other countries to charge people with crimes when they have never entered the second country in question, but the fact is that most national founding documents from the Constitution to the Magna Carta specifically DENY that power from any government.
- Nunya
  
  Umm… you realize that being a US Citizen, that is YOU that he will be suing the heck out of as far as where the money comes from, right? Unless of course you pay no taxes…
  - Guest
    
    At this rate, paying restitution to Kim is probably going to be one of the cleanest and most honorable thing ever done with taxpayer money under the current administration. Maybe on only clean and honorable thing.
- Gofuckyourself
  
  i agree, but there are always a group of ”i dont’t care” assholes that wont follow the boycott, same thing with gas, cant boycott because they will still buy it no matter what, no gas for a week thats all , no one saying to never buy it again, people still have to go to work.
Jay

LOL I bet the New Zealand government will be pissed off and worried that they might have raided and arrested a lot of people illegaly.
- Bumps
  
  Interesting that a country that told the Frogs and the Yanks where they could stick their spies and nuclear warships, allowed this to happen. David Lange would be rolling his eyes to see this type of foreign intervention happening again on Kiwi soil.
Zoro

the rule of Law supersedes all lobbying efforts by the big corporations, procedures have been put in place to ensure that everyone is treated equal before the courts.

It doesn’t matter how many millions the big lobbies funnel into congress, the fact and the matter is that EVEN congress is bound by the rules of law.

The current anti-internet bill (CISPA) may pass congres, Obama might even sign it into law, but that does not mean that it cannot be invalidated by the courts, specially if CISPA is found to infringe on the American Constitution and the freedoms that it grants the American people.

Long live the courts! Long live justice!
- Guest
  
  That’s good, since CISPA automatically violates the 4th Amendment.
- Nadia
  
  ”It doesn’t matter how many millions the big lobbies funnel into
  congress, the fact and the matter is that EVEN congress is bound by the
  rules of law. ”
  
  Congress members own words, the law is for others, not us. look it up yourself.
- Jack
  
  You’d be rather disappointed with how many judges are on the take in one way or another and how the interpretation of the law is subject to political expediency.
O0mg

now i just hope that mega owner kim SUE THE HELL outa the united fails the most hated people in tha world ! even by their own citizen ….
- Kicking K
  
  he’d have to enter the states in order to sue them … so he’d get arrested all over again.
  - Anonymous
    
    No, MegaUpload the corporation would send lawyers to sue.
  - http://profiles.google.com/zerianis10 Christopher Kidwell
    
    No, he wouldn’t. The only thing that has to be in the United States is his lawyer. He could do his testimony by phone-conference to avoid that possibility.
- http://pulse.yahoo.com/_VVN4YOQMSNYX6SJAFXXCC2MREE MARCUS
  
  To ZerOmg: How about you tone down the hate Nugent? This news is good news most of all for the US people.
- Casylius
  
  You are just blatantly a nutcase. Only the dumb ass whine about their country.
Asdf

Oh, what a surprise. Not.
Anonymous

although they may not be unable to prosecute Mega in the US, will they still be able to extradite Kim? if so, considering they are trying to deny him any legal representation just so as to get a conviction, i hope he is well covered. the Feds have made pricks of themselves and they are REALLY GONNA BE AFTER HIS BLOOD! if they cant get him back to the US, i wonder how much influence they will be able to put on the NZ government and courts to get him locked up there? how long will it be before they go after Mega again, this time making doubly sure that all i’ s are dotted and t’ s crossed?
- http://profiles.google.com/zerianis10 Christopher Kidwell
  
  Nope. If the judge drops or forces the government to drop the charges, they cannot extradite him.
- MadAsASnake
  
  Extrordinary rendition is pretty much all that is left. NZ government has shown no interest in prosecuting.
politux

Epic fail. I love it!
http://twitter.com/Anime4PSP Anime 4 PSP

aaaaaannnnd, USA govt failed. again
us govt keep on making itself look as villain and for what really? for the love of greedy corporations. Isn’t usa ashamed of itself yet?
when will us govt go to some mafiaa party and bend as little slut?
oh wait, that happened lots of time already
foff

Good, Finally a little sense. Just because a company has a few assets in the US does not give the US fucking jurisdiction all over the world. If that were the case then US could seize half the businesses in Mexico since drug money is probably invested in them in one way or another.

Anyway if the case falls it seems the damage has been done. The question then becomes will some of the cyberlockers return. I would guess that most of the data is long gone so most links remain dead which means they would all be restarting from zero. I dumped my premium memberships to all the sites that quit sharing would only go back if uploaders started using them a lot. Anyway it would be nice to see some come back. Hope it happens. I am pretty sure given a chance megaupload will be back. If they do I bet their servers find a home outside of the USA.
- http://profiles.google.com/zerianis10 Christopher Kidwell
  
  All the data still exists on Carpathia’s servers. The bigger issue is what would the government do if the case is dismissed and MegaUpload reopens.
- Asd
  
  hint: the drug money is going right back to the ol US of A
  
  The drug war brings a TON of funding to the american gov and the alphabet agencies. The DEA wouldn’t even exist without the war on drugs.
Jason

Bahaha hey feds, U Suck.
http://www.facebook.com/profile.php?id=100002639684444 Ryan Smith

Don’t worry. Governments around the globe are working together to make sure these pesky rights we have will not be an issue in the near future.
- no1_2_u
  
  Yep.
  
  Looks like “1984″ is coming fast & hard!
Verticallogic

they went after the wrong person. now that someone who is willing to fight all the way and has the money to do it, the mpaa and the us government will back down because they are scared they will lose and open themselves up to a huge civil suit. the us government will lose. we should all be a little sad that this will not go to trial. if it doesn’t go to trial so megaupload can kick their butts then there is no way things will ever change. if it did go to trial megaupload has the ability to make everyone look like fools. the us government just bit off more than they could chew.
- Anonymous
  
  I really hope you are right. I am so sick of the gov’t trying to take control of the internet and all that goes on here. The US is so fucked up in terms of financial issues, lack of jobs, gas prices rising and they are doing seemingly NOTHING about that, yet they are worried about people stealing music and movies off the net..Gee let’s think here, if people were able to MAKE ENOUGH MONEY TO SPLURGE and not have to worry about paying over 4.00 per gallon of gas with the little to no money they make in their jobs now, maybe they wouldn’t have to resort to piracy online! I used to think our gov’t was okay, now I’m beginning to realize they’re a bunch of morons…
- Anonymous
  
  UGGH the only way that MPAA and the US government would bow down to citizens is if we netizens storm DC and demand that Kim get his assets and property back as well as the fair trial he deserves. Hence we must pressure the government and MPAA to unfreeze Kim’s assets. Reply to this post if you have any ideas. However replies with libelous and vulgar language will be not be read.
  - MadAsASnake
    
    I would expect the the Maga lawyers will now be putting pressure on HK and NZ courts to unfreeze all assets as there is no criminal charge possible. Not having the right of action is not a “procedural error”
Somebody

Holy Shit that is the funniest read I had all day. I could not wipe the smile from my face!
Pingback: US judge: Dotcom trial may not occur – New Zealand Herald | News Room
Anonymous

This is just practise for them. If they can’t pin this on Kim, they will sure try to pin it on Depositfiles, Uploaded and who else is still out there.
Anonymous

I am frankly surprised how this case has been getting worse and worse for the FBI and DoJ as each week passes. You can even begin to wonder if they are qualified to do the job they are doing.

It is clear to see this is no carefully planned case worthy of some huge racketeering charge enforced by the FBI. Nope it was only slapped together over a few weeks and more done as a bullying exorcise to scare the market.

This is all why they have been making a vast array of errors in their implementation of this goal. So let me get this straight when they are aiming to extradite Kim Dotcom and his co-workers to the United States to face completely no charges at all because they cannot lay criminal charges against a foreign company.

Well let them keep in mind that if their case collapse then Mega should then sue them for several hundred million dollars. There would also likely be an investigation in how such vast blunders can occur along with resignations and other job losses.
- ac
  
  Of course it wasn’t planned…or rather they may have been planning it, but it was not ready to be implemented. They were probably desperate because of the huge success of the blackout the day before, and they needed to do something really fast to scare the masses back into complacency.
  - Anonymous
    
    No the plan all along was what they got.
    They scared the entire cyberlocker ecosystem into pulling back, because the **AA’s can’t stop them. They can’t track the users of them and this means they will have to actually use the system to have things removed.
    Its much easier to shift all of that burden and cost onto a 3rd party than to have to actually work to protect the government granted monopolies.
    
    The fact Mega was considering an IPO really hurts the idea that this was criminal in nature, and I am sure there was much screaming about how they are only rich because of the **AA’s content… which they can’t prove without lying at every step.
    It was amazing how they twisted the logic of servers rented in the US to apply US law, and now they are hoping everyone will ignore the whole game they played all along with every seizure. They made up the idea that because it ends in .com they have the rights to go after it, and huh… here it is in the law… you can’t do that…
    Maybe with luck this will be another wakeup call to the rest of the world to stop just giving into the US. If the most important thing in the US is the movies and music now… they have nothing worthwhile to offer or threaten to withhold to make other Governments ignore their own laws.
    
    Is anyone surprised by this?
Vincent Giannell

I don’t think the feds are gonna take this lying down. They’ll probably find another to have Megaupload history for good behind the judge’s back.
http://torrentfreak.com/ Rob8urcakes

If this whole sorry MegaEpisode wasn’t so damned tragic, I’d be tempted to roll about on the floor laughing my fecken ass off at the sheer, unadulterated incompetence of OUR authorities in the USA and NZ.

But this latest news highlights the very real problems we have when corporations try to tell governments and our well-established public agencies and authorities what to do. The corporations choose to forget that the government works for all of us, and they’re not just an extension of their corrupt and corrupting business model.

In short, fuck you MAFIAA. Fuck off and die already you evil CopyWrong Trolls.
lthrpuphlfx

It’s just a 4/20 kind of day!!! :)
- No1_2_u
  
  LMFAO!
  
  Light one up & rejoice!
Anonymous

Next the US invades New Zealand, to liberate them from the terrorist conspiracy. Or maybe nuke it; it’s only a matter of time before Chris Dodd and Cary Sherman start World War 3, it might as well happen now.

…OK, actually they’re probably just going make some weak excuse and try to convince the judge to let them go forward with the case anyway. Expect plenty of whining, screeching, and complaining, and little-to-no professionalism if and when the judge tells them no dice.
Guest

I bet this Judge will get a barrage load of abuse from Hollywood etc. and others. This judge will probably have a complaint made against him for being unfit to do the job etc and call for him to be sacked/resigned. MPAA etc. will probably go and file papers with some other judge who will no doubt have pressure put on him/her to continue to bring Mega to justice.

I hope that all of this Mega business totally collapses and that Mega sue for wrongful arrest and wrongful conviction etc. against the US.
- Anonymous
  
  He is pretty much bulletproof.
  He is the one who made the ruling that the US Government could get the twitter account details on a bunch of people for their fishing trip to destroy Wikileaks.
  - Pseudonymous
    
    If people would use encryption and remain truly anonymous then there would be nothing for govts to attack. WAKE UP PEOPLE!
    
    Wikileaks is out to violate privacy for their pseudo idealism. They take donations, they are about $Money$. Keep your money. Do things truly anonymously for yourself or be another Groupthink Tool taking it up the A$$.
    
    Stay away from $Churches$
- Anonymous
  
  It is nearly impossible to remove a US Federal Judge, they have lifetime appointments and you can’t even diminish their salary. They basically have to be convicted of a crime before they are removed.
  
  This judge used to be a prosecutor, so my guess is that he likely sees their actions as mostly benign. But, there is no excuse for not serving a defendant.
  - MadAsASnake
    
    Not only is there no excuse, but I beleive that in most juristictions you have to prove that you did serve. It beggars beleif that the DOJ did not know this at the time of the raids.
Pingback: U.S. Judges Says Megaupload May Never Go To Trial
MC

Doesnt matter. Mega is still dead. The sentence was carried out the night NZ anti terror cops raided his ass with a helicopter.

Even if MU could reform, they had business plans such as megabox and the IPO which surely could not be carried out now due to the stigma and investor uncertainty of being raided by the feds. Even if we know it was bullshit.
- Anonymous
  
  Actually this would help Mega in the end.
  They will never rent another US based server, and I expect to see more companies moving their operations outside of the US.
  The climate against innovation and technology is getting very stormy, and while the US is “protecting” IP they are chasing new IP out of the country to keep old bloated legacy players in the game.
  While they might not have a US IPO… there is this whole rest of the world thing that has its own markets and investors.
  If they can launch the Mega branded music selling site, and turn a profit… they will get investors.
  - MC
    
    Youre right. The take home message from all of this is for all internet companies to divest their american interests for their own safety. Theres a whole world out here witing for the formation of an internet economy that doesnt involve the states. The US should have a firewall built around them from the OUTside, not to keep us out, but to keep them IN, internet wise. Just refuse to do business with such a manifestly insane country for your safety and sanity.
    - http://profiles.google.com/zerianis10 Christopher Kidwell
      
      Forgetting that the United States is about 10% of the world economy.
    - Anyone
      
      I’m betting 10% is a good tradeoff if you are more secure from random attacks like this if you avoid the US.
      
      and if more corporations do that soon it won’t be 10% anymore ;)
  - http://profile.yahoo.com/OGB5ZLXHEA5IYIKCW3D67KWH2M M
    
    Plus if they survive the US Govt’s assault in tact, its and excellent indicator of the longevity of their business model.
  - Black Cracka
    
    IP should go away. It is no good when others are making money from what you create. Money should not be the incentive. It’s like the Art Industry. Completely worthless. STOP BUYING THIS SHIT, MORONS!
    
    Is it really even worth downloading?
    
    The Movie Industry needs to just die. The movies aren’t that entertaining. Downloading them free is more fun than actually watching them. Stop wasting Millions of Dollars by making crappy films.
    
    The Music Industry needs to die. Music should be made for fun and NOT sold on CD. It should be free as in $0. Do it LIVE! Stop paying the Record Companies.
    
    Physical instruments can cost money but music is FREE!
    
    Do NOT EVER pay to download files. Fuck pay filesharing sites and Fuck iTunes.
    
    This is not innovation, this is Capitalism. Apple is the new Microsoft. The Mac Malware is in the wild. ;)
MegaBlunder

MegaBlunder

M – E - G – A F – B – I Blunder
MEGA MEGA
MegaBlunder

M – E – G – A Can’t Serve in U – S – A
MEGA MEGA
MegaBlunder

Bit by Bit, Case is Gonna Quit
MEGA MEGA
MegaBlunder

Panic Room, Court Room, Server Space, IN YOUR FACE!
MEGA MEGA
MegaBlunder

http://www.youtube.com/watch?v=o0Wvn-9BXVc
- aNalOminous
  
  How Script Kiddies Breed
  ————————————-
  
  Denial of service is for lil’ Bitch
  Like the U.S. Gubmint and Anonymous
  
  Give their knob$ a shine, (H)acktivists whine
  The Unintended Consequences take no Time
  
  Too many NoObs with sumthin ta prove
  Whore-Moans and meat dresses tryin ta grow B(,)(,)Bz
  
  Without an SQL injection they lose their erections
  Don’t care about Condoms or Intrusion Detection
http://ilike1664.myopenid.com/ Lloyd

This is what happens when you let the Corporations of America run the country.

It’s going to be one huge fucking bill the MAFIAA have run up on the tax payers behalf.
- http://profiles.google.com/zerianis10 Christopher Kidwell
  
  I doubt it. Two words: sovereign immunity. You cannot sue the United States government unless they allow themselves to be sued.
  
  Yeah, I know…. outrageous and can lead to massive abuses of power, but still possible.
- http://profile.yahoo.com/OGB5ZLXHEA5IYIKCW3D67KWH2M M
  
  This is what happens when you let corporations LOBBY government in America. It’s only natural that any corporation (Which is just a big group of individual citizens) would want to secure their future as much as possible.
Bbo

Can the US get sued?
- http://profile.yahoo.com/OGB5ZLXHEA5IYIKCW3D67KWH2M M
  
  If the answer were yes, the courts docket would be full until sometime in the spring of 2874.
Pingback: Kim Dotcom Lashes Out Against “Corrupt” US Government | TorrentFreak
http://profiles.google.com/zerianis10 Christopher Kidwell

BWAHAHAHAHAHA…. Oh fuck.! Laughing so hard right now that I am seeing stars, because I knew that this was coming down the pike sooner or later.
Pingback: Megaupload Takedown | Pearltrees
Nzeder44

Typical US cockup. Guilty until proved innocent. Yeah right!!!! The opposite is better.
- Guest
  
  No, these days it’s “Guilty until proven dead”
  - http://profile.yahoo.com/OGB5ZLXHEA5IYIKCW3D67KWH2M M
    
    ”Whoa whoa whoa officer, please don’t accidentally shoot me on purpose”
    - James
      
      Or don’t Zimmerman me.
    - El Negro
      
      Ok Negro.
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Bob

Thing is if he does sue, hell need to sue NZ police. Although not their fault, unfortunately they are liable for bending over to the USA Feds with disregard to their own law. Sounds like they got all excited when they were asked by the feds and wanted to be the big men.
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http://profile.yahoo.com/4722BUZB5OR4JI4ZHEE7NE77UQ berysax

HAHAHAHAHAHAHAHAHAHAHAHA!!!!!!!!!
- Iid
  
  shhhh…
Anonymous

On the other hand, a judge will not casually say that he thinks that a trial may never happen. Such a statement must be intended as a strong signal to the prosecution that they should consider some sort of retreat (if not a full retreat), such as reconsidering what evidence they will have remaining come trial.
- http://profile.yahoo.com/OGB5ZLXHEA5IYIKCW3D67KWH2M M
  
  Agreed. This is a clear “Hey prosecution, I’m trying to be nice here…check your case before you wreck your case”
  - Racist Gangsta
    
    Ok Negro.
- MadAsASnake
  
  Pretty sure the Mega lawyers wouldn’t have missed the lack of service. The US prosecutor cannot put this right as that right of action does not exist. Hopefully, the whole rotten thing wil unravel pretty quickly now.
FTYYGGFFD

JUSTICE STILL EXISTS! THANK YOUUUUU JUDGE..GOD BLESS!
- Anyone
  
  there is no god
  - Guest
    
    Agreed but notice that spirituality is not religion. :)
  - DeadDawg
    
    There is only DoG.
    
    DoG maddit!
Teejones1766

Well, as soon as all you girls get over your utter glee or whatever the fuck you personally feel regarding Mega-up, so what? WHO CARES?
You all act as if you’re so important, so interesting, so revolutionary, so fucking aghast at the possibility of WHAT? You being, like what, fucking important enough for anyone the actually give a shit about?
This just in: no, you’re not that fucking important. You are NOT International Men of Mystery, Game Changers, fucking Spies, or even interesting. You all live stupid, vapid, prosaic, shitty lives like most everyone else only, unlike everyone else you need to create your own drama and pray to Saint Victim, patron of all bed-wetters. Jesus.
So you download movies from Hollywood or Pornwoody. How utterly stupid. Or bit-torrent, or file share. Oh, yes, oh my yes, the Dream Police are on their way to pick up your hang-wringing girly-asses right now, for fucksake. NOT!
NOT now, not ever. No one gives a rat. Get over it.
- http://twitter.com/heydarguise heyguise
  
  Y U So Hyperbole?
- Guest
  
  Apparently you cared enough to write an inane, expletive-ridden post.
  
  Did you have to suck PelouzeTF’s cock, too?
  - Idealism_is_Bullshit
    
    It’s ok to be gay.
    
    “Rectal shields armed.”
    
    Hyperbole or not, the guy is correct and it could have been summed up in three words.
    
    Who really cares?
    - Guest
      
      I don’t believe homophobia was being hinted at here. It’s more of “You don’t need to be gay to be a downright cocksucker.”
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Pianogamer

Now I finally understand the Mega Conspiracy: US government and the MPAA are conspiring to take out an international business.
- AESHole
  
  Privacy and Encryption could have helped, but nobody cares about Privacy in the age of social networking. It’s the users that inadvertently brought this on knowing that the U.S. Gubmint and MPAA would do exactly something like this.
  
  THINK next time, people. Foreigners ruin our free downloads by not securing theirs. I encrypt.
  - http://profiles.google.com/zerianis10 Christopher Kidwell
    
    Problem is that encrypted files have gotten a bad name by jackasses like the people who release 720p cartoons encrypting them, then insisting that you use Sharecash or something like it to get the password.
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Hustlehard602

all that money the government but into this bullshit. . could have given that money to the cities across the country & started trying to fix real problems here in the states.
- Dyke-Diva
  
  The MPAA is more likely where the money comes from than from our Government. The Government does not like competition, so they probably also get paid by the MPAA.
  
  Government is making cash or breaking even, but at least the MPAA is losing money. The price of movies will go up. The downloads will continue.
  
  In the future people will wonder what the big deal was even about. Moving pictures of a bunch of gay people and the straights that worshipped them. LOL
  
  Kill Your Movie Player.
lthrpuphlfx

To Torrentfreak.com,
Could we please have a dislike button?
There are some comments on this forum that I feel don’t deserve a response other than a DISLIKE.
And you know who you are!
- Anyone
  
  you’d have to take that up with disqus
  at least there is the “flag” button for the worst trolls
- 4chanFaggot
  
  I f|_|cking dislike that F]_{cking idea Lulz faggot
Anonymous

My guess is that the US is arguing that the seven individuals that formed the conspiracy were the true owners of all the assets attributed to the corporation and that the corporation was just a shell to further the conspiracy. So, the government’s argument is that the “corporation” did not truly exist, it is just the conspiracy that existed, and a conspiracy is just individuals who were all served in this case.

Megaupload will obviously argue otherwise. Notice the facts that have been released by Megaupload recently. An IPO was planned. 220 employees. Many divisions, including a clothing division – all facts related to showing that Megaupload was a real corporation and not just a shell to further the conspiracy. These facts were probably recently briefed and argued to the court.

The judge has hinted as to how he is going to decide.
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Anonymous

No this is bad! Megaupload will WIN if they go to court and the US government will be forced to allow them, and the other similar business they are shutting down illegally, to operate.

If it never goes to court, Kim Dotcom walks with his money but we all lose a big piece of our internet freedoms.
- Free4Life
  
  Are you stupid? Who cares about Megaupload. There are thousands of places on the internet just like that if you look. They can’t take them all down and Megaupload was out to make money anyway. They want you to eventually pay to use them. Fuck em.
  
  All free all the time or die.
  - Anonymous
    
    Are you an ass hole?
Anonymous

Does this mean he will be getting his cars and property back?
S A

Sadly, this stems from the tendency in the US for egregious violations of law by law enforcement to be forgiven in court. Prosecutors can get almost any Constitutional violation ignored. I’m glad to see other countries are not so willing to ignore basic civil liberties.
Ebodin999

Ugh, you guys, who cares anymore? Aren’t there bigger things to worry about than Megaupload?

The United States government has bigger things to worry about than this piece of crap case. You know, like trying to fix the busted economy, protect its citizens, send more aid to those in need than any other country on earth…

Sure, it screws up sometimes (you know, like everyone else does) but picking on the United States does not make you funny or intelligent. You look like an idiot, to be honest, ESPECIALLY if you’re a citizen. If you don’t like living in what can be called the greatest country on earth (and please note the word can, because some people nitpick everything), kindly get the fuck out of here, the real citizens don’t want you here.

If, United States citizens, you do not like your political leaders, please have the logic to VOTE FOR THE ONES WHO WILL ACTUALLY GET THE JOB DONE. Do not vote for some rich man whose made politics his career. He doesn’t know how you live and cannot hope to empathize with you. Anything he promises is something he was told would sound good to you.

Now, if you’re going to go on about the Middle East being the United States’ fault (which is bound to happen if anyone responds to this, since people like to point out all the flaws they can) kindly look up the Balfour Declaration on Wikipedia, click on the picture on the right and tell me it was the United States who started the mess.

Yes, the United States messes up. But only those who are insecure about themselves point out other’s flaws. It’d be nice if you’d stop, please. The abuse America receives is uncalled for, and frankly, it’s embarrassing for everyone.

Please also remember that United States support (say, sending troops and resources to aid and assist when required) is tied to popular support. If the United States is hated, why should we want to help out our abusers when they’re in trouble?

To all of those people who are perfectly fine with the United States and think your peers are acting like children, this isn’t directed to you. I think your countries are perfectly fine and respect them the way I hope you respect the United States.

If you bothered to read about the Balfour Declaration and you are British, I’m not pointing fingers at you either. I’m just sick of people acting like the United States is the root of all evil. You have a kickass country with a kickass background.
- Fokcispa
  
  You are just full of the propaganda that is killing the world, all the US needs to do is manufacture popular support using media (controled by corporations).
  All the kickass background you say about the US just points out to how programmed and conditioned you are to believe in everything they tell you, instead of looking for the facts that really happened, same now, you are believing on what they told you is a democracy (with 2 heavily lobbied parties).
  Most of the problems of the world are thanks to people that buy to much on their leaders propaganda.
  What you are failing to realize is that calling yourself righteous does not make you so.
  This has a very long background in history, the righteous crusades, the righteous with trials, the US righteous wars against Mexico, Spain, Corea, Vietnam, Irak, etc. Just tell me of one of this wars that did not left a lot of land, profit for selling weapons, profit for rebuilding etc.
  One day you might end up being not so in favor of what the US does, maybe by then it will be too late, since you failed to see this coming because you were not programmed by the media to fight against it.
  - Eurotrash
    
    This is why we have guns. Euro-types are the ones who want that right taken away. Where is the freedom again?
HotNoob

Sounds like ITunes was trying to stop megaupload from being a competitor by bribing a few officials :P
Mr.Afghanistan

Take that you stupid FBI Son of a B!tch ;)

Hail MegaUpload !!!
- MegaFailLoad
  
  Heh, Megaupload fail.
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Guest

You know how Hollywood refuses to serve the customers the stuff they want and effectively say, “Sorry, your money has no use here”?

Now it’s Hollywood’s turn to know how we feel, because the judge has just told them “Sorry, your money has no use here”. Ha!
Anonymous

Uhm, excuse me? They *ARE* “aware” that they have no jurisdiction. Absolutely, 100% aware of the facts, in every way. They had the jet on the tarmac, already running and ready to take off as soon as Kim had a hood over his head and could be fitted with earmuffs.

What the FBI did not take into account, is that judges in New Zealand actually have testicles, either literal or metaphorical, and actually asked questions, rather than simply cowering like a beaten dog and doing what they were commanded to do.

New Zealand is going to pay a horrific price for their defiance. Keep an eye out for “economic trouble” in NZ before October. You’re going to see a bunch of their banks…*ahem*…”fail”. There will also be a big change in the government, and maybe even some terrorist attacks.
- Anonymous
  
  Stay away from small planes my friend.
- Sofreshandsoclean69me
  
  Good I’m a US citizen and I hate my government, they are sorry ass wanna be police of the world greedy mother fers and I’m so sick of them ruining our country for the love of control and money
- Sodirtyandsostinky69meNZ
  
  It’s a control thing isn’t it? Cry more, like a beaten dog.
  
  Your ideology is to attack the bank accounts of innocent citizens in New Zealand.
  
  Your cure is worse than the disease.
  
  Greedy asshole.
  - Anonymous
    
    Bwuh???? Wha??? *blink-blink*
    
    Dude, I’m implying that the US GOVERNMENT is going to cause the NZ banks to fail.
    
    Moron.
Snickeridoo

Fatso Kim Schmitz the “hero” you all would fight a war for, is known to have sold his users IP numbers to a criminal lawyer, so he could sue them in Germany. The criminal lawyer later shot himself when he faced prison. I truly hope fatso had the courage to do like his buddy Gravenreuth, who by the way, paid Fatso a percentage for the IP numbers.
- Chameleon87
  
  That was in the early 90s.. twenty fuckin years ago..
  
  Also, he gave away logs about the contents of competitors BBS’s.. nothing to do with IPs. At least get your facts straight if you decide to dig up decades old crap.
  
  Calling him a fatso as an insult also doesn’t really make yourself seem like an intelligent lifeform. IQ on room temperature? Doesn’t even matter if it’s °F or °C .. you’re dumb either way lol
  - LowSelfEsteem
    
    It is much smarter to insult people’s IQ. Did your mommy beat you?
http://www.facebook.com/people/Don-Dilly/1624894683 Don Dilly

The problem is that without the company being indited, there is no profit to the mega conpirators, merely wages and dividends from a legally constituted company.

At best all they could hope for is a court case for non profit related infringement which is a civil non criminal matter for which extradition does not apply.

On a comment on a much earlier mega story I said of federal incompetence and that they are so used to people going for a plea bargain rather than have the case proven in court, many cases where people hold their ground fall apart due to incompetence.

That said, the way this case has gone makes me wonder if they knew full well there was no case but wanted to cause as much damage as possible including encouraging hosting companies holding mega’s data to destroy it and even going as far as last week threatening those hosts with possible legal action.

Add to that the heavy handed threats the MAFIAA have been making in recent weeks bad mouthing other lockers trying to get voluntary shutdowns in light of the mega case. It all points at the very least to the feds and the MAFIAA knowing for some weeks the wheels were going to come off the case. It is most likely they all knew right from th start and the whole episode has been an exercise in creating as much collatoral damage for cyberlockers as possible.

The lesson here is that if you are running a site and fear meddling by a corript USgov, incorporate as a non US company.
- Vinnie Bertolini
  
  Are you disrespecting Italians?
  
  Racist.
Gruz

Tu POLSKA!
Przejmujemy t? stron?!
:)
Bouveron Remi

go in china kim you was the best , god save you, and black for we
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Anonymous

But but but… Piracy!
- 1eyedWilly
  
  I wanna pirate your mom with old one-eye. MMm.
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Smokescreen

Ladies, I do not think anything here was a mistake. US knew they did not have a case but would do whatever to strike terror to millions.

Its strategic and sounds like the US. Mind you, who knows how long it would take to release their assets and if its ever going to be released. So do not rejoice yet.
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TUndertaker

And if wupload and fileserve group (fileserve, filesonic, uploadstation, filejungle) come back now and recover all deleted files. The cyberlockers should recover all deleted files. But EVERYTHING.
- LadyDaDa
  
  Aww did you lose your pr0n?
  - TUndertaker
    
    No. Many people lost all their files. Some of these were personal files.
Anonymous

delicious irony. the mafiaa which is made up of several corporations the us supreme court has declared persons can’t sue megaupload or charge it because it’s a foreign corporation which is not a corporation.

petard, it has been hoisted. all around. I’m on the mobile version right now and I have not read dotcom’s response yet, but I hope he sues all parties involved.
- HoosierDaddy757
  
  Petard, or leotard? :-)
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TUndertaker

And if wupload and fileserve group (fileserve, filesonic, uploadstation, filejungle) come back now and recover all deleted files. The cyberlockers should recover all deleted files. But EVERYTHING.
http://profile.yahoo.com/XBVD4HDTTHAS2FLXZZZQGKZELU Gabriel

my buddy’s sister earned $14453 past month. she is making income on the internet and got a $430400 condo. All she did was get fortunate and try the advice made clear on this web page (Click on menu Home more information) http://goo.gl/8bW2r
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S Abramowski

they will bring him to guantanamo
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Hftu

Go get them Dotcom!
http://khanneasunztu.wordpress.com/ KhanneaSuntzu

Interesting analysis. If “megaupload” can be taken down by hit squads outside the US…… what other corporations might end up on that list. Now there is where it gets spicy. A LOT of expatriate/outsourcing corporations (oil, mercenary, banks, weapon) might suddenly find themselves angled in the CONUS politicized legal woodchipper one day.

A lot of people might have gone worried out there. Kim CrapCom might be fishing these legal waters and pissing on these anthills. Yummyness.
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Anonymous

I have no affection or respect for the Megaupload scum but the arrogance of the US government is a far more serious evil. Their success in Indicting non Americans and extraditing British citizens to the US, with the cooperation of their lap dog, paid off British politicians and judges must have given the FBI the impression that they can buy or intimidate the Kiwis into bowing to their demands as well.
- Think For Yourselves
  
  Finally some truth. They are both a problem.
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Anonymous

lol, thats just like WAY too funny dude. WOw. Epic fail indeed!
Anon-Data.tk
Sssss

So will MegaUploads be compensated for the enormous downtime that occurred due to this illegal raid?
- Anonymous
  
  they better, the FBI won’t be happy though :D
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Anonymous

Americans out there just start an election season boycott and elect a president that would allow a fair trial for Kim Dotcom.
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Kukuklan

Megaupload’s lawyer Ira Rothken says that unlike people, companies can’t be served outside US jurisdiction.

But companies are people. Mitt Romney said so. As did the US Supreme Court.

Or is it that companies are only people when it comes to rights and benefits, but not when it comes to liabilities and criminal charges?
Inbred-Right-Wingers-Inc.

Fuck the American Empire!
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Sduykfsdu

I think that now Kim should make new company ask for donations like in kickstarter and start service AGAIN!!!
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Jack37

I am just looking forward to the counter suits. Stolen property, false imprisonment, conspiracy to destroy megaupload. Then make a list of how much the operation cost the american tax payer. Find out who was behind it and sue the bastards individually.
Lion

This is because the FBI is being control by multimedia companies for profit lol
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http://profile.yahoo.com/BXQDLZXFVJDQ5D2PIYZ7LAYLS4 Eileen

my neighbor’s step-sister got paid $17719 a week ago. she works on the internet and moved in a $465500 condo. All she did was get lucky and set to work the steps exposed on this site (Click on menu Home more information) http://goo.gl/mv8Jr
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http://profile.yahoo.com/F35BDR3RED44GHYQVZ5HQH2YGA Marisol

my co-worker’s sister brought in $13188 the previous month. she makes money on the internet and got a $569000 house. All she did was get blessed and put into work the steps made clear on this web page (Click on menu Home more information) http://goo.gl/1Pzio
Geraldspace2010

What I want to know is, Has Kim Dotcom got any good pirate films or what!
http://twitter.com/WilliamsonKyle1 WilliamsonKyle

what Thelma answered I am inspired that someone able to get paid $4195 in a few weeks on the computer. did you look at this webpage (Click on menu Home more information) http://goo.gl/x80MR
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HSR47

More corrupt bullshit from the Obama-Holder regieme….

Color me surprised… /sarcasm

After Operation Gunwalker, nothing those assholes do shocks me.
- http://twitter.com/paoligarcy Paolina Garcia
  
  It’s not a Left-Right issue. This is a Democracy issue.
  When you hold elections generally speaking the aristocracy wins.
  Whoever has the most money can lobby/buy the politicians.
  
  It’s one of those ironies of history.
  
  This is why, the only country that seems to be trying to raise it’s peoples’ incomes is ironically China, which has bought up most of the world’s resources, whose people are debt free, and whose incomes are rising rapidly and it is urbanizing extraordinarily fast.
  
  China recommended buying precious metals to it’s people a few years back and those who listened turned more than 4x profit. Whereas the US government media (the US gives money to various media agencies and a common CIA practice is
  to have their agents apply for jobs as editors at all the major news
  agencies in the USA and abroad) constantly harped against precious metals and always would deny that the US dollar was losing it’s value.
  
  Also China refuses copyright laws and is actually partially doing so as an economy factor: by not having to pay for the arts, a large portion of their economy is freed up from that unproductive sector (arts don’t feed, clothe, or shelter anyone) and better yet it prevents them from sending billions to the US for that entertainment.
  
  It’s only through extortion and fear that the USA can prevent the rest of the world realizing it’s not in their economic self-interest to recognize US entertainment copyright.
  
  The USA actually threatened Sweden with sanctions (an act of war) over Pirate Bay, for example.
http://profile.yahoo.com/PBJF5EPLZB7LZLFZMGOHF2HLWY Ericka

as Willie said I am startled that someone able to get paid $5710 in four weeks on the computer. did you read this site link (Click on menu Home more information) http://goo.gl/70OYX
http://profile.yahoo.com/3ABHMZQH6B77U2IPQGOGMDDJDE Joshua

just as Helen answered I’m shocked that any one can profit $4832 in four weeks on the computer. did you read this page (Click on menu Home more information) http://goo.gl/wekVQ
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M0nkeysensei

Kim is a colossal ass in a hat. But the US had no jurisdiction there.
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http://profile.yahoo.com/7MCJSORMO5HLPZ77JUKCQH3SN4 CS

Problem is, despite this, and the fact that shutting down megaupload in the first place wasn’t actually legal- it doesn’t matter. They never needed a trial- the result is already in place: megaupload doesn’t exist anymore. Even if all of their accounts are unfrozen, assets returned, and all charges are dropped, that doesn’t change the fact that the data is gone, the functionality destroyed.
rosebud

It appears that they are using the broken features of the US Legal system to get some justice.
FBI

Justice SUCKS!

http://torrentfreak.com/megaupload-wins-crucial-evidence-disclosure-battle-with-us-govt-120529/

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