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(BBC)   "Dear FBI: Your MegaUpload search warrants, and therefore your arguments, are invalid. Good day, Sirs. WE SAID GOOD DAY" - New Zealand Judge   (bbc.co.uk) divider line 39
    More: Followup, Kim Dotcom, luxury vehicles, search warrants, Asus, file hosting service  
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6646 clicks; posted to Geek » on 28 Jun 2012 at 10:58 AM (2 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



39 Comments   (+0 »)
   
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2012-06-28 07:44:57 AM
Wait a second...

does this mean that the United States has no jurisdiction in NZ?

/I kid
 
ZAZ [TotalFark]
2012-06-28 08:16:13 AM
Was the warrant approved by a magistrate, like in the US? American judges hate overturning magistrates' warrant approvals.
 
2012-06-28 08:39:35 AM

cman: Wait a second...

does this mean that the United States has no jurisdiction in NZ?

/I kid


Obligatory.
 
2012-06-28 08:42:24 AM
of course, the FBI still buggered up the business and smashed the shiat out of that operation...which was rather the point after all. the intent was never to actually throw megaupload's owners into jail, it was to put them out of business.
 
2012-06-28 10:56:53 AM

Weaver95: of course, the FBI still buggered up the business and smashed the shiat out of that operation...which was rather the point after all. the intent was never to actually throw megaupload's owners into jail, it was to put them out of business.


I wonder if the FBI can be sued in NZ for property damage based on a false legal filing.
 
2012-06-28 11:14:47 AM
To be sure, Megaupload and Kim Dot Com were profiting off an illegal activity.

With that said, this was the correct decision. Due process exists for a damn good reason. What is the bigger threat: scattered dickbags violating copyrights or an enforcement arm of a single government exerting their will all over the world?
 
2012-06-28 11:22:43 AM

MightyPez: To be sure, Megaupload and Kim Dot Com were profiting off an illegal activity.

With that said, this was the correct decision. Due process exists for a damn good reason. What is the bigger threat: scattered dickbags violating copyrights or an enforcement arm of a single government exerting their will all over the world?


This.
 
2012-06-28 11:49:35 AM
I really hope dotcom can sue the living shiat outa the fbi for destroying a year of his life without due process....
 
2012-06-28 12:31:02 PM

MightyPez: To be sure, Megaupload and Kim Dot Com were profiting off an illegal activity.

With that said, this was the correct decision. Due process exists for a damn good reason. What is the bigger threat: scattered dickbags violating copyrights or an enforcement arm of a single government exerting their will all over the world?


'The trouble with fighting for human freedom is that one spends most of one's time defending scoundrels. For it is against scoundrels that oppressive laws are first aimed, and oppression must be stopped at the beginning if it is to be stopped at all."
-H.L. Mencken
 
2012-06-28 01:00:20 PM

MightyPez: To be sure, Megaupload and Kim Dot Com were profiting off an illegal activity.

With that said, this was the correct decision. Due process exists for a damn good reason. What is the bigger threat: scattered dickbags violating copyrights or an enforcement arm of a single government exerting their will all over the world?


The Internet is used for good and evil, just like roads, guns, and chemicals? Say it ain't so!

The guy has (sorry, had) a valid business; some people misused it. Too bad for him, then.
 
2012-06-28 01:05:52 PM

dj_spanmaster: The guy has (sorry, had) a valid business; some people misused it. Too bad for him, then.


Have a look at the full list of charges and ill-gotten evidence. He certainly wasn't ignorant to what was going on. It also wasn't everything that was going on.
 
2012-06-28 02:39:26 PM
"But, copying and taking are two different things."

- some FBI agent somewhere, unironically
 
2012-06-28 02:46:47 PM
Stick it to the Americans you sheep farkers

I'm kidding about the sheep farkers, in fact as a Canadian living in the shadow of the U.S I sympathize with you NZ, you have to live in the shadow of Australia and are mostly forgotten by the rest of the world
 
2012-06-28 03:42:43 PM
Well that just about ends that... all the evidence is now fruit of the poison tree. KDC will sue for the return of all his equipment and for damages. And he'll win due to this ruling

The FBI are likely worried about who's heads are going to roll over this massive farkup.

Awesome.

I hope he does a number to them over this and gets everything back

He should also bill them for all costs related to restoration of his business if he wins against them.
 
2012-06-28 04:00:08 PM

Krumet:
'The trouble with fighting for human freedom is that one spends most of one's time defending scoundrels. For it is against scoundrels that oppressive laws are first aimed, and oppression must be stopped at the beginning if it is to be stopped at all."
-H.L. Mencken


Fair enough.
 
2012-06-28 04:13:32 PM
As the Americans learned so painfully in Earth's final century, free flow of information is the only safeguard against tyranny. The once-chained people whose leaders at last lose their grip on information flow will soon burst with freedom and vitality, but the free nation gradually constricting its grip on public discourse has begun its rapid slide into despotism. Beware of he who would deny you access to information, for in his heart he dreams himself your master.
 
2012-06-28 04:26:16 PM

cman: Wait a second...

does this mean that the United States has no jurisdiction in NZ?

/I kid


Yeah, this is bullshiat. Everyone knows that the FBI has worldwide authority on anything internet related. All the tubes start here for God's sake.
 
j4x
2012-06-28 05:20:17 PM
I still find it hilarious that the FBI argued that making copies of everything they seized was all right because it was digital and it's not stealing......

I mean REALLY?
 
2012-06-28 05:29:22 PM
Come on, fair is fair. Since the FBI got a copy of all of Megaupload's files, to make amends, Megaupload should get a copy of all of the FBI's files.
 
2012-06-28 05:41:19 PM

j4x: I still find it hilarious that the FBI argued that making copies of everything they seized was all right because it was digital and it's not stealing......

I mean REALLY?


Well maybe the law is different over there, but generally most copyright laws have exemptions for the police and other law enforcement agencies copying material in the course of an investigation - so when investigating crimes involving computers you can use something like this to copy the disk without changing it (so they can take the original drive apart to do in-depth analysis of overwritten data for example, while retaining a duplicate). Of course when they use a device like this they would be breaking copyright many times over if they had no special legal rights.
 
2012-06-28 06:33:33 PM

xria: most copyright laws have exemptions for the police and other law enforcement agencies copying material in the course of an investigation


There is no such thing as fair use. your argument is invalid.
 
2012-06-28 06:45:02 PM

dj_spanmaster: The guy has (sorry, had) a valid business; some people misused it. Too bad for him, then.


Not exactly. He was complicit in a lot of copyright violations -- there were rewards programs for uploaders of illegal content, "shopping lists" of content they wanted but people hadn't uploaded, things like that. They encouraged and paid for the sharing of copyrighted material.

You used the guns analogy: well, okay, there are many legal uses for a .38. But if Smith & Wesson actively recruits gang members to shoot people with their guns, they've become part of a crime.
 
2012-06-28 07:56:00 PM
I won't pretend to be intelligent about this subject. Does this mean, that the FBI has to now allow him to run MegaUpload again?
 
2012-06-28 07:59:53 PM
they will be back. multimillion $ thieves hate competition.

if Mr.Dotcom (what an asshole name) is a multimillionaire he would be wise to discover the health benefits of fresh fruits and vegetables. seriously. i'm a really large horribly overweight man and he makes me look pretty good. eat a salad, slappy. you may lose a LB and live longer you fat sack of crap.
 
2012-06-28 08:18:11 PM
Yes, but when is he going to be tried for the crime of having the stupidest name on the planet?
 
2012-06-28 08:32:11 PM

Satanic_Hamster: Yeah, this is bullshiat. Everyone knows that the FBI has worldwide authority on anything internet related. All the tubes start here for God's sake.


And not a single fish bit.
 
2012-06-28 09:14:32 PM

Bell-fan: He should also bill them for all costs related to restoration of his business if he wins against them.




I loled
 
2012-06-28 09:32:11 PM
Dotcom's fast becoming something of a folk hero here in NZ. Ironic, considering he's so rich he could pretty much buy the country if he wanted.
 
2012-06-28 10:02:42 PM
You are a non-u.s. based company, based outside the u.s and operating outside its boarders. Armed foreign nationals barge into your offices and start tearing up the place. KILL THEM. Send their heads back along with a bill for the damages.
 
2012-06-28 11:28:53 PM

hamiltonjdavid: And not a single fish bit.


I know, right? Bunch of assholes here.
 
2012-06-29 03:38:34 AM
Kiwi here, people here that I've talked to seem to like him, although I'm in IT so it's a biased sample. He's been making good PR moves like paying for the Sky Tower fireworks and having people over for a pool party. When was the last time the FBI threw anyone a party that didn't involve pliers and a wet towel?
 
2012-06-29 05:40:45 AM
Kim should be pretty worried at this point. The fbi is going to flat line him, and no one will think twice when they hear his heart exploded of natural causes.
 
2012-06-29 07:05:37 AM
Bravo, NZ.

As an American let me say I am hoping that he sticks it to the FBI for all the damages he can.
 
2012-06-29 10:10:34 AM

pxlboy: MightyPez: To be sure, Megaupload and Kim Dot Com were profiting off an illegal activity.

With that said, this was the correct decision. Due process exists for a damn good reason. What is the bigger threat: scattered dickbags violating copyrights or an enforcement arm of a single government exerting their will all over the world?

This.


api.ning.com

/I miss megaupload
 
2012-06-29 11:50:10 AM
What do you bet the FBI will say they did file the right paperwork and NZ is acting as an accomplice to MegaUpload, and therefore... I don't know where I'm going with this...

Yeah, the FBI is going to push back, and hard. They'll never admit that this was a thinly veiled attempt to act as the guard dog of the RIAA and MPAA's best interest instead of a genuine government act to prevent crime.
 
2012-06-29 04:50:22 PM

the oob: Kiwi here, people here that I've talked to seem to like him, although I'm in IT so it's a biased sample. He's been making good PR moves like paying for the Sky Tower fireworks and having people over for a pool party. When was the last time the FBI threw anyone a party that didn't involve pliers and a wet towel?


They have open houses in their parking lot here in LA. I think a bouncy castle was involved.

/it's weird that I know these things
 
2012-06-29 04:53:06 PM

Memoryalpha: You are a non-u.s. based company, based outside the u.s and operating outside its boarders. Armed foreign nationals barge into your offices and start tearing up the place. KILL THEM. Send their heads back along with a bill for the damages.


The problem here - I suspect - is that America is one of the few places you can apply Castle Doctrine. If you're not in Israel or Italy and the FBI shows up, they're either your own government or you're not allowed to shoot them.

/assuming you have legal fire arms, too
 
2012-06-29 05:10:07 PM
cdn2.mamapop.com

They probably swiped a gob-stopper too.
 
2012-06-29 07:01:05 PM

SphericalTime: Weaver95: of course, the FBI still buggered up the business and smashed the shiat out of that operation...which was rather the point after all. the intent was never to actually throw megaupload's owners into jail, it was to put them out of business.

I wonder if the FBI can be sued in NZ for property damage based on a false legal filing.


I wonder of the NZ government can arrest and charge the FBI agents in connection with this.
 
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