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FF4m3
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FF4m3

Anon

NZ Judge Orders US To Hand Over Megaupload Documents

New Zealand judge orders US to hand over Megaupload documents - May 29 2012:

Megaupload founder Kim Dotcom and his co-defendants scored a significant victory on Tuesday when a New Zealand judge ordered the United States government to hand over evidence the defense will need to prepare for an upcoming extradition hearing. He rejected the government's argument that the defendants should make do with the information about its case the government itself chose to introduce in court.

Judge Harvey must still determine whether the US government has a plausible case for Dotcom's guilt. With a trove of documents furnished by the United States, the Dotcom legal team will be better positioned to argue that it doesn't.

In a separate ruling, Judge Harvey allowed Dotcom to return home to his mansion. He had been barred from the mansion because it was not suitable for the electronic monitoring system he was ordered to wear. He and his family were forced to move to another house nearby. But Judge Harvey has concluded Dotcom is not a flight risk and freed him from electronic monitoring requirements, allowing him to return home.


Noah Vail
Oh God please no.
Premium Member
join:2004-12-10
SouthAmerica

1 recommendation

Noah Vail

Premium Member

Someone in the New Zealand government isn't owned by Hollywood?

Dang. Learn something new every day.

antdude
Matrix Ant
Premium Member
join:2001-03-25
US

antdude to FF4m3

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Hmm!

FF4m3
@bhn.net

FF4m3 to Noah Vail

Anon

to Noah Vail
said by Noah Vail:

Someone in the New Zealand government isn't owned by Hollywood?

Give it a little more time and a few more $$$...

goalieskates
Premium Member
join:2004-09-12
land of big

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said by FF4m3 :

the government's argument that the defendants should make do with the information about its case the government itself chose to introduce in court.

The government can argue anything it pleases, but that's flat idiotic. Either government lawyers no longer study constitutional and international law, or they forget it the minute they go to work in DC.

Hutchy
Premium Member
join:2000-10-14
australia430

Hutchy to FF4m3

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US Dollars can't afford to buy the NZ Government or Employee's. But atm the USA seems a good place to get a cheap deal. :P
Hutchy

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In NZ Courts both parties in court must divulge all evidence to the other side. In most cases where evidence has not been divluged, the cases are thrown out.
Kearnstd
Space Elf
Premium Member
join:2002-01-22
Mullica Hill, NJ

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It is stupid my tax dollars are being wasted to drag this guy to the US over copyright violations that are not even a real piracy ring. It is not like he is operating those guys in China town selling DVDs that look legit.

fatness
subtle

join:2000-11-17
fishing

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Megaupload Asks Court to Dismiss The Criminal Case
quote:
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.

To claim a due process violation Megaupload has to shows that a liberty or property interest which has been interfered with by the State and that the procedures attendant upon that deprivation were constitutionally sufficient.

According to Megaupload’s lawyers this is certainly the case here.

“Both prongs of the procedural due process test are plainly met here. The Government has seized Megaupload’s property and domain name, ruined its reputation, and destroyed its business pursuant to an indictment which is fatally flawed as a jurisdictional matter. Megaupload now finds itself in a state of abeyance, with no end in sight,” they write.
Motion to dismiss is here: »www.scribd.com/doc/95346 ··· -Dismiss
fatness

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quote:
But when the government issued arrest warrants and summons for the seven individual defendants, it "did not request a summons as to Megaupload, despite being required to do so under the Federal Rules," according to Megaupload's motion to dismiss in Alexandria, Va.

"It is thus apparent that, on January 5, 2012, the government saw fit to indict Megaupload, seize all its assets, and force the company into extinction without serving - or even attempting to serve - the company in any way, shape or form," the Wednesday filing states.
»www.courthousenews.com/2 ··· 7015.htm