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(Torrent Freak)   In a topsy-turvy, upside-down world, a New Zealand court has granted Megaupload a small victory   (torrentfreak.com) divider line 16
    More: Interesting  
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2609 clicks; posted to Geek » on 31 May 2012 at 1:46 PM (3 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-05-31 10:12:01 AM  
Megaupload's lawyers just filed a motion to dismiss at the District Court for the Eastern District of Virginia. Their argument is simple. The U.S. authorities failed to serve Megaupload as is required in a criminal case. Because of this failure and the fact that the company was effectively put out of business, Megaupload's due process rights have been violated.

From what I gather, the Fed didn't bother filing the paperwork - they just went all stabby on megaupload and figured they'd sort it out later. Of course, the POINT of the invasion was to put them out of business and do so in as loud a manner as possible. fear, after all, will keep the local file traders in line.
 
ZAZ [TotalFark]
2012-05-31 10:32:57 AM  
I doubt things are so cheery as the biased source claims. The difference between a dead Megaupload and a dead Megaupload convicted of a federal crime is minimal. A victory would be winning consequential damages from the U.S. government and resuming normal operations with data intact. That is very unlikely due to sovereign immunity. Even costs of defense can only be obtained if the government's position was clearly unreasonable. I think the legal phrase is "not substantially justified." Justification is measured by a judge who is bound to respect the letter and spirit of copyright law.
 
2012-05-31 02:23:21 PM  

ZAZ: The difference between a dead Megaupload and a dead Megaupload convicted of a federal crime is minimal.


Megaupload may be only mostly-dead.

If the case is dismissed, Megaupload will likely be able to reclaim the assets that were seized. My understanding is that the servers holding the company data have been preserved by judicial order. If that is the case, and Megaupload are able to reclaim their lost property, they would be free and clear to put themselves back online. They would also have gotten a huge publicity boost due to all the coverage of the court case, and garnered a reputation as "the site the powers-that-be tried to kill and failed."
 
2012-05-31 02:35:16 PM  
is it spread out on the nightstand?
 
2012-05-31 02:41:13 PM  

bloobeary: ZAZ: The difference between a dead Megaupload and a dead Megaupload convicted of a federal crime is minimal.

Megaupload may be only mostly-dead.

If the case is dismissed, Megaupload will likely be able to reclaim the assets that were seized. My understanding is that the servers holding the company data have been preserved by judicial order. If that is the case, and Megaupload are able to reclaim their lost property, they would be free and clear to put themselves back online. They would also have gotten a huge publicity boost due to all the coverage of the court case, and garnered a reputation as "the site the powers-that-be tried to kill and failed."


I'd assume sue the shiat out of a lot of people and governments too
 
ZAZ [TotalFark]
2012-05-31 02:50:49 PM  
bloobeary

As of a month or two ago the company with the data was seeking court approval to wipe the disks because they were spending five figures per day and their customer (Megaupload) wasn't paying the bill. Megaupload owes millions in storage fees and has no revenue to pay.

KellyX: I'd assume sue the shiat out of a lot of people and governments too

You have to prove an illegal act by the government. Being mean doesn't count. Improper service of process does not make the alleged piracy legal.

There is a long tradition of seizing assets before trial to blackmail defendants into pleading guilty. You can't afford a decent lawyer if the government has all your money.

If I made the law defendants would be able to tap into allegedly-ill-gotten gains to hire lawyers and maintain a legal business. Get me and four similar thinkers on the Supreme Court and I'll see what I can do. Until then, sucks to be Megaupload.
 
2012-05-31 02:53:35 PM  

ZAZ:
KellyX: I'd assume sue the shiat out of a lot of people and governments too

You have to prove an illegal act by the government. Being mean doesn't count. Improper service of process does not make the alleged piracy legal.

There is a long tradition of seizing assets before trial to blackmail defendants into pleading guilty. You can't afford a decent lawyer if the government has all your money.

If I made the law defendants would be able to tap into allegedly-ill-gotten gains to hire lawyers and maintain a legal business. Get me and four similar thinkers on the Supreme Court and I'll see what I can do. Until then, sucks to be Megaupload.


I cannot imagine any company being handled the way this was, even if say Apple's cloud system had 10% copyrighted stuff hosted on it, can you imagine them doing to them what they did to this company?
 
2012-05-31 03:02:08 PM  

KellyX: I'd assume sue the shiat out of a lot of people and governments too


Yes. Those responsible may find that rather than Megaupload being made an example of, it's they themselves who will be.

If this does blow up in their faces, I shall enjoy a long, low, sinister chuckle at their expense.
 
2012-05-31 03:12:20 PM  
I love it when crimes are committed & the criminals go free because the legal system screwed up.
It's so wonderful to see crimes go unpunished because of incompetence.
 
2012-05-31 03:46:51 PM  

Mr. Pokeylope: is it spread out on the nightstand?


It shouldn't bother me, but it does.

\In a just world, Angel Dust would have sold double what The Real Thing did.
 
2012-05-31 03:56:54 PM  

bloobeary: Megaupload may be only mostly-dead.

If the case is dismissed, Megaupload will likely be able to reclaim the assets that were seized. My understanding is that the servers holding the company data have been preserved by judicial order. If that is the case, and Megaupload are able to reclaim their lost property, they would be free and clear to put themselves back online. They would also have gotten a huge publicity boost due to all the coverage of the court case, and garnered a reputation as "the site the powers-that-be tried to kill and failed."


But all the links are dead. Re-up!
 
2012-05-31 05:20:48 PM  
You know, Megaupload might very well be guilty of all the charges. Dotcom himself is a very sorry excuse for a human being and his whole company reeks.

But if the Feds didn't follow due process, all that doesn't matter. The presumption of innocence still holds, even if the accused is a complete slimeball.
 
2012-05-31 09:49:47 PM  

ZAZ: bloobeary

As of a month or two ago the company with the data was seeking court approval to wipe the disks because they were spending five figures per day and their customer (Megaupload) wasn't paying the bill. Megaupload owes millions in storage fees and has no revenue to pay.

KellyX: I'd assume sue the shiat out of a lot of people and governments too

You have to prove an illegal act by the government. Being mean doesn't count. Improper service of process does not make the alleged piracy legal.

There is a long tradition of seizing assets before trial to blackmail defendants into pleading guilty. You can't afford a decent lawyer if the government has all your money.

If I made the law defendants would be able to tap into allegedly-ill-gotten gains to hire lawyers and maintain a legal business. Get me and four similar thinkers on the Supreme Court and I'll see what I can do. Until then, sucks to be Megaupload.


However, since Megaupload is not a US company, and had their assets illegally seized, they might have a legal leg to stand on. It would be interesting.

It would be even better if they could prove that RIAA or some organization like that was behind it, then could sue the shiat out of them... THAT would be awesome.
 
2012-05-31 09:59:59 PM  
Weaver95

....From what I gather, the Fed didn't bother filing the paperwork - they just went all stabby on megaupload and figured they'd sort it out later.....

It's almost like someone whose only qualifications were pot smoking and community organizing is inept at running federal departments.
 
2012-05-31 10:27:32 PM  

schattenteufel: I love it when crimes are committed & the criminals go free because the legal system screwed up.
It's so wonderful to see crimes go unpunished because of incompetence.


1/10
try harder next time
 
2012-06-01 03:49:30 PM  

cycoivan: Mr. Pokeylope: is it spread out on the nightstand?

It shouldn't bother me, but it does.

\In a just world, Angel Dust would have sold double what The Real Thing did.


I've been rocking that album since I was a wee jizzlobber, and now I'm approaching a midlife crisis.

/yes, I came here specifically for FNM refs
//not naked in front of the computer
///too many coworkers around
 
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