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Megaupload Judge Says He Doesn't Know If There Will Ever Be a Trial (failure to serve legal papers)
Hollywood Reporter ^ | April 20, 2012 | Eriq Gardner

Posted on 04/22/2012 2:40:06 PM PDT by PJ-Comix

Is the U.S. government's huge criminal trial against Megaupload in trouble?

Federal judge Liam O'Grady is being quoted as saying, "I frankly don't know that we are ever going to have a trial in this matter."

The comment was reportedly made at a hearing over Megaupload's data where O'Grady expressed concern to the FBI over the issue of whether Megaupload has been served court papers. It was picked up by a local newspaper in New Zealand, where Megaupload founder Kim Dotcom awaits word of whether he'll be extradited.

(Excerpt) Read more at hollywoodreporter.com ...


TOPICS: Crime/Corruption
KEYWORDS: kimdotcom; megaupload
Kim DotCom's REAL "crime" was not donating at least a million to Obama 2012.
1 posted on 04/22/2012 2:40:11 PM PDT by PJ-Comix
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To: PJ-Comix
Kim DotCom's REAL "crime" was not donating at least a million to Obama 2012.

Not quite. His real crime was stealing and distributing for profit the legally protected work of others.

This fat freak has apparently made a one-man(?) end-run around centuries of legal establishment.

In a just world, he'd be publicly hanged.

And as for his "customers", well, thank God for karma.

2 posted on 04/22/2012 2:46:29 PM PDT by the invisib1e hand (void where prohibited.)
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To: the invisib1e hand

strangely enough, he’s working WELL within the law ... you see, china doesn’t recognize intellectual property rights.

and where is his business? hong kong.

if you don’t like it, tough beans. the world doesn’t live by America’s laws. if you think they should, you’re a fascist. America has about as much right to arrest and inflict it’s ‘just-us’ on Kimball as saudi does to impose it’s laws on the people of America.

get a grip. the world is a large place. you don’t like how it’s done in one country, don’t go there.


3 posted on 04/22/2012 3:07:23 PM PDT by sten (fighting tyranny never goes out of style)
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To: the invisib1e hand

Nice generalization. Pity it’s not true. LOTS of people kept totally legitimate files in storage at Megaupload, files they have been denied access to, without due process of law. And now, they may not even prosecute.

Sounds to me, that DotCom has a case for tens of millions of dollars of damages against the Feds. . .


4 posted on 04/22/2012 3:07:26 PM PDT by Salgak (Acme Lasers presents: The Energizer Border. I **DARE** you to cross it. . . .)
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To: Salgak; sten
rip off sympathizers employ very curious twists of "logic" to deny reality.

it must feel like "fun" to people who live in intellectual caves.

I'm sorry -- I chuckle every time I picture what such people become when their fantasies become their reality.

5 posted on 04/22/2012 3:12:18 PM PDT by the invisib1e hand
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To: Salgak; sten

ha! I’m sorry — it just dawned on me. The concept of “intellectual” anything is lost on anyone who’s rationale is “because I can!”


6 posted on 04/22/2012 3:14:28 PM PDT by the invisib1e hand
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To: the invisib1e hand

“Not quite. His real crime was stealing and distributing for profit the legally protected work of others.”

My understanding is that Megaupload was an online personal storage locker. It was used by some to store what they stole illegally - others for legitimate purposes. I don’t agree with any of the storage of illegal materials - and the guy is not my favorite either... but the USA took down a foreign company.

Kim’s mistake was using a server in Virginia, which the US used to claim jurisdiction. They did a related takedown recently of an Canadian gambling company (bodog) - a foreign company that ran afoul of the laws of Maryland. They had a .com domain address, so the US claimed jurisdiction and took them down.

Lessons:

Don’t use a US sponsored domain - go with something overseas, host it overseas, and make sure all your servers are overseas. Listening, FR?


7 posted on 04/22/2012 3:21:11 PM PDT by aMorePerfectUnion ("Of two evils, choose neither." -- Charles Spurgeon)
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To: Salgak

but if he showed up to sue them... they’d toss him in jail for ‘crimes’ he ‘committed’ while outside US jurisdiction.

if that ‘logic’ stands... just about any American male, except tebow, would be beheaded if they ever entered saudi for the ‘crime’ of drinking alcohol, viewing scantily clad women, being alone with an unrelated woman without a chaperone, and premarital sex


8 posted on 04/22/2012 3:23:04 PM PDT by sten (fighting tyranny never goes out of style)
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To: sten
if that ‘logic’ stands... just about any American male, except tebow, would be beheaded if they ever entered saudi for the ‘crime’ of drinking alcohol, viewing scantily clad women, being alone with an unrelated woman without a chaperone, and premarital sex

You left out blasphemy...

9 posted on 04/22/2012 3:26:10 PM PDT by Zhang Fei (Let us pray that peace be now restored to the world and that God will preserve it always.)
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To: sten

My, you ARE a tad naive. He’d send LAWYERS, not himself. . .

And your Straw Man is a weak grasp, even for a Straw Man argument. .


10 posted on 04/22/2012 3:28:18 PM PDT by Salgak (Acme Lasers presents: The Energizer Border. I **DARE** you to cross it. . . .)
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To: the invisib1e hand

the only thing ‘dawning’ on you was last nights taco bell

like the vast majority of Americans, you’ve probably never left the US so the concept of jurisdiction and sovereign laws is lost on you. being from new york, that’s expected... as it’s full of mioptic egotists bent on the belief that the rest of the world should be like new york (a disease ridden cesspool)

US ‘laws’ are just that.. laws for the US. they have no more effect on the people of china then new york tax ‘laws’ have on residents in florida.

and yes... we here in florida would ask that you new yorkers stay in new york


11 posted on 04/22/2012 3:29:19 PM PDT by sten (fighting tyranny never goes out of style)
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To: Salgak

as someone that has used lawyers in other countries, i’m fully aware how it works.

IF he shows up... they’d grab him and inflict their bs on him


12 posted on 04/22/2012 3:31:48 PM PDT by sten (fighting tyranny never goes out of style)
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To: sten

a brilliant argument, perfectly fitting of a pickpocket.


13 posted on 04/22/2012 3:38:59 PM PDT by the invisib1e hand
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To: the invisib1e hand
it must feel like "fun" to people who live in intellectual caves.

Intellectual caves lined with plush, luxurious stolen intellectual property.

Still, sten makes a good case, however obnoxiously, that if you don't like China's laws regarding intellectual property or copyright - well, what are you going to do - it's not your country. I sure as heck don't want the Eurozone deciding that the 2nd Amendment is illegal here in the U.S.

14 posted on 04/22/2012 3:41:04 PM PDT by Sirius Lee (Sofa King Mitt Odd Did Obamneycare)
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To: sten

Excellent post. Couldn’t agree more. He was acting well within the law of his Jurisdiction.

We need to be careful about the “hang the b****rd” approach. That’s what has gotten us the Police State in which we now live. They try and scare us and pass all the laws they want (Patriot Act). They try and scare us and won’t let us have a Conservative. So we’ve got Mittens and a world of hurt in Hussein.

Stop running scared people. Stop it now.


15 posted on 04/22/2012 3:42:38 PM PDT by RIghtwardHo
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To: sten

Would be some what stupid for an American to go to Saudi Arabia anyways don’t you think?
Though your example is somewhat weak it would be more akin to an American illegally trafficking booze into Saudi Arabia...and then goes to Saudi Arabia and is arrested.

To be honest I never got the support seemingly decent people give towards pirating. I can understand being against censorship but let’s be honest these upload sites are for fat neckbeards to get free copies of Transformers 3 ( not exactly some deep political tract)

That being said , while not rich, I defiantly have enough money to actually pay to go to the movies. (no offense of course) So i never really had the need to steal someone else’s artistic work.
(yes I know the argument that its not “stealing” because its not the original copy, frankly that is a bit childish)

As far as some legitimate work being on megaupload. Thats fine and dandy...its those people’s fault for using a site they had to know was also being used for illegal activity.


16 posted on 04/22/2012 3:46:04 PM PDT by escapefromboston (manny ortez: mvp)
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To: escapefromboston

By the same reasoning everything you have at the local Lok-n-Stor could be seized if one other Loc-n-Stor customer parked a stolen bike in one of their spaces.


17 posted on 04/22/2012 4:06:48 PM PDT by null and void (Day 1188 of America's ObamaVacation from reality [Heroes aren't made Frank, they're cornered...])
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To: null and void

If i knew that the “loc n stor” was involved in illegal activity I would be pretty stupid to use them. Its not like its “one” other customer either. Its more like the vast majority of customers were involved in illegal activity and the owner knew about the illegal activity. I would probably use the other “loc-n-stor” that charges you money so as to keep out crooks with entitlement mentality,

Lets not forget...its not stealing!!! because its not the original!! it’s only a copy! So I guess by the typical pirate’s logic the government can seize whatever they want because it doesn’t really exist.

I’ll stick with paying money for a product though.


18 posted on 04/22/2012 4:19:42 PM PDT by escapefromboston (manny ortez: mvp)
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To: PJ-Comix
Is the U.S. government's huge criminal trial against Megaupload in trouble?

The one where the federal government uses taxpayer dollars to do the bidding of the RIAA and MPAA? The one in which thousands of law-abiding Megaupload users lost all access to their perfectly legal files along with whatever stolen content happened to be on Megaupload's servers? The one in which a company has been shut down and ruined even though no wrong-doing has even been proven in a court of law?

Yeah, tough bananas. The RIAA and MPAA used the federal government to get a cloud storage service shut down and intimidate dozens of other such storage services, and that was the entire purpose of the exercise. Legality and trials be damned.
19 posted on 04/22/2012 4:23:51 PM PDT by AnotherUnixGeek
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To: AnotherUnixGeek

The “police state” statists that infect FR will never see it your way. You make too much sense. But this ought to be a lesson to anyone considering “cloud” storage anywhere.

No matter what company you use, they can be shut down on a whim by the government and all your data lost or pilfered by the government. Doesn’t matter how legal they are now, they can be accused of being illegal and shut down. BAM!!!

I see more and more talk of cloud storage and cloud computing, but there is simply no way I would ever trust it now (for sure) and I was never a fan to start. It is a no-go for me now. Even free storage wouldn’t interest me.


20 posted on 04/22/2012 4:42:30 PM PDT by packrat35 (When will we admit we are now almost a police state?)
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To: AnotherUnixGeek; sten; Salgak; aMorePerfectUnion

Bwahaha, a “storage service.” Are you shocked — shocked — to find that pirating was going on there? Just because a criminal organization has a legitimate “front” operation doesn’t mean it’s not a criminal organization. A lot of these other “storage” services have now changed their policy to only allow downloading of content by the same users who uploaded it. I’d be curious to see how much traffic has decreased on their sites since that change.

I think the U.S. has very clearly indicated they don’t have the right to go to New Zealand and arrest this man. That’s why they’re trying to get him extradited by New Zealand, who has the right to do that. If you don’t want him extradited, complain to New Zealand, not to the U.S. who certainly has the right to ask them to do it.

Bottom line, the U.S. government has the right, duty and obligation to defend its citizens against crimes committed abroad by foreign nationals. By your logic, any Russian or Chinese hacker or phisher could steal as many U.S. credit card numbers as they want and use them with impunity, and the U.S. would have no “right” to pursue legal action against them.

And, yeah, if you go to Saudi Arabia and they find you’ve broken their laws, whatever they may be, then they have a right to arrest you. It’s a sovereign country. It’s up to you to be smart enough not to go to countries where you’re in violation of their laws.


21 posted on 04/22/2012 4:47:32 PM PDT by JediJones (From the makers of Romney, Bloomberg/Schwarzenegger 2016. Because the GOP can never go too far left.)
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To: packrat35
No matter what company you use, they can be shut down on a whim by the government and all your data lost or pilfered by the government. Doesn’t matter how legal they are now, they can be accused of being illegal and shut down. BAM!!!

You would certainly have to be an idiot to upload your data to a cloud storage site and then delete your local copies. No one in the world who cares about protecting their data should have merely one copy of it out there under any circumstances, whether it's on your local computer or an external site. Besides being shut down for illegal activity, the cloud storage site could go out of business, be hacked or suffer technical failure.

22 posted on 04/22/2012 4:52:59 PM PDT by JediJones (From the makers of Romney, Bloomberg/Schwarzenegger 2016. Because the GOP can never go too far left.)
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To: JediJones
Bwahaha, a “storage service.” Are you shocked — shocked — to find that pirating was going on there? Just because a criminal organization has a legitimate “front” operation doesn’t mean it’s not a criminal organization.

Just because a business offers a service which can be abused by criminals doesn't mean it is a criminal organization. By the definition of "criminal organization that you're implying, airlines are "criminal organizations" because drug smugglers can purchase seats on flights with drugs packed in their bowels. Nikon and Canon are "criminal organizations" because they sell cameras which can be used to produce child porn. Telephone services are fronts for "criminal organizations" because callers can make lewd or threatening calls which violate clearly stated laws.

A lot of these other “storage” services have now changed their policy to only allow downloading of content by the same users who uploaded it. I’d be curious to see how much traffic has decreased on their sites since that change.

Well, I'd imagine traffic has gone down, since the usefulness of these sites for perfectly legitimate applications has been ruined. Yup, let's destroy any technology which might conceivably be used for nefarious purposes. Makes perfect sense for those who believe that anything that can be abused shouldn't exist at all. Oh, and screw having to prove any criminal wrong-doing in a court of law - someone who can afford powerful Congressional lobbyists said so, and that should be good enough.
23 posted on 04/22/2012 5:11:22 PM PDT by AnotherUnixGeek
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To: JediJones

Cloud computing is all the rage and has been pushed hard for at least 2 years now. All kinds of advantages were touted, now people are seeing the downside.

Even here on FR, people are always talking about streaming video for movies. No thanks, I’ll keep my DVD’s cause I know I will have access again to them.


24 posted on 04/22/2012 5:35:45 PM PDT by packrat35 (When will we admit we are now almost a police state?)
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To: AnotherUnixGeek

Another reason the sites traffic has gone down is many people are fleeing the sites. They are downloading all their files and cancelling their service cause they don’t know if that site will be shut down next.


25 posted on 04/22/2012 5:38:32 PM PDT by packrat35 (When will we admit we are now almost a police state?)
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To: packrat35
Another reason the sites traffic has gone down is many people are fleeing the sites. They are downloading all their files and cancelling their service cause they don’t know if that site will be shut down next.

Agree - in addition to intimidating these businesses into crippling the collaboration and distribution features that provide at least half their value, there's the intimidation of customers, who must now reckon with the very real possibility that they'll lose their perfectly legal files forever.

We're seeing old, fading businesses use the federal government like a trained poodle to destroy a nascent business model because, among dozens of legitimate uses, it can be abused to hurt these old businesses. Bad for innovation, bad for the rule of law, and a disaster for limited, responsible government.
26 posted on 04/22/2012 6:11:21 PM PDT by AnotherUnixGeek
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To: packrat35

You’re right about the risks of using cloud computing. You give up your right to control your information. Not just family photos and music files but financial records, legal records, and email.
Statists love everyone moving into cloud computing. Don’t bother with a warrant to steal your home computer, just scan the cloud for questionable content - dissenting speech, copies of politically incorrect books, etc.


27 posted on 04/22/2012 6:55:43 PM PDT by tbw2
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