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DOTCOM saga - updates
IainB:
I've copied this post (above) to the relevant discussion in the Soap Box:
Re: "Terrorist Police State" [NSFW?]
...
-wraith808 (July 02, 2012, 02:00 PM)
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wraith808:
I've copied this post (above) to the relevant discussion in the Soap Box:
Re: "Terrorist Police State" [NSFW?]
...
-wraith808 (July 02, 2012, 02:00 PM)
--- End quote ---
-IainB (July 03, 2012, 02:33 AM)
--- End quote ---
Why? It wasn't to start discussion or anything, especially as I said in there that I don't want to discuss? And of course you could have done it without the announcement. But... whatever... have fun.
IainB:
Interesting update from techdirt:
FBI Continues To Insist There's No Reason For Kim Dotcom To Be Able To See The Evidence Against Him
from the of-course-not dept
We already noted that the New Zealand judicial system apparently isn't as willing as the US expected to rubberstamp approval of the extradition of Kim Dotcom. Part of that ruling was a requirement that the US turn over the evidence they're using against Dotcom, so that he can counter it in fighting against the extradition. However, it appears that the US is still fighting this, having the New Zealand prosecutor (who is fighting on their behalf) argue that Dotcom should only be allowed to see a single document out of the 22 million emails the FBI collected and that this really isn't a matter for the New Zealand courts to concern themselves with, as they should just let the Americans handle it.
* Crown lawyer John Pike argued that there was no need for Dotcom to have access because he was not being tried in New Zealand.
* The judge in the extradition case needed only to decide if there was a case for him to answer in the US, Mr Pike said, and that question was answered by the record of case.
That's kind of amazing when you think about it. He shouldn't be allowed to even see the evidence against him... even if it might prove that there is no "case for him to answer to in the US." That's what's so troubling about the US position on cases like this one and the O'Dwyer/TVshack case. They seem to assume that it shouldn't be of any concern if they drag someone thousands of miles across oceans to face trumped up charges in the US.
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It's always nice to see justice being done. That's one thing I like to see in this case too.
IainB:
News via torrent freak: Kim Dotcom’s Extradition Hearing Delayed Until 2013
SpoilerKim Dotcom’s Extradition Hearing Delayed Until 2013
2012-07-10
Kim Dotcom’s extradition hearing has been delayed until 2013. The Megaupload founder and his alleged co-conspirators were due to appear in court on August 6 in a hearing scheduled to last 3 weeks, but legal issues including questions over evidence disclosure have put the event back until March next year. Dotcom has slammed the delay as “dirty delay tactics by the US.”
Kim Dotcom, the founder of Megaupload, the now-defunct site at the center of what is believed to be the largest copyright infringement case in United States history, will have to wait until next year for his extradition hearing.
The hearing, which would see Dotcom and alleged co-conspirators Mathias Ortmann, Finn Batato and Bram van der Kolk protest their extradition to the United States, was originally scheduled to take place next month in Auckland.
Following agreement between Dotcom’s lawyer Paul Davison QC and the prosecution, it has now been rescheduled for July 2013.
“It was inevitable that the hearing for August was going to be vacated because we have two existing cases in the High Court,” William Akel, one of Dotcom’s lawyers, told Reuters.
Dotcom, however, took to Twitter to voice his complaints.
“Dirty delay tactics by the US. They destroyed my business. Took all my assets. Time does the rest,” he wrote.
“The NZ government is refusing an NZ resident due process and a fair defense. Shame on you [Prime Minister of New Zealand] John Key for allowing this to happen. Shame on you.”
In recent weeks, legal arguments on a number of issues have further complicated the already controversial case, including an appeal of a court ruling last month that found the warrants used by New Zealand police to raid Dotcom’s Coatesville mansion in January were invalid, rendering the searches illegal.
Earlier, a judge criticized the shipping to the U.S. of hard drive copies taken from Dotcom’s computers by the FBI, describing the act as “unlawful”.
Last week, local prosecutors acting on behalf of the U.S. government argued in the High Court against an earlier District Court ruling that said Dotcom and the rest of the so-called “Mega Conspiracy” should be allowed access to the evidence set to be used against them in the extradition hearing.
Prosecutors said there was no need for Dotcom, Mathias Ortmann, Finn Batato and Bram van der Kolk to see the evidence because they are not being tried in New Zealand. Their lawyers disagree, stating that it is crucial the information is examined in order for their clients to mount a fair defense.
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IainB:
Not a development in the DOTCOM saga per se, but an interesting comment apparently coming from the the NZ judge to hear the Dotcom extradition case.
US "the Enemy" Says Dotcom Judge
Posted by samzenpus on Monday July 16, @10:14AM
from the know-your-enemy dept.
First time accepted submitter Flere Imsaho writes "During the NutHui Internet conference last week, the NZ judge to hear the Dotcom extradition case was speaking on the Trans Pacific Partnership agreement and how the U.S. entertainment industry is pushing to make region code hacking illegal, when he said 'Under TPP and the American Digital Millennium copyright provisions you will not be able to do that, that will be prohibited ... if you do you will be a criminal — that's what will happen. Even before the 2008 amendments it wasn't criminalized. There are all sorts of ways this whole thing is being ramped up and if I could use Russell [Brown's] tweet from earlier on: we have met the enemy and he is [the] U.S.'"
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This gives me some hope that the principles of justice and liberty might be alive and well in the minds of the judiciary - in NZ, at least.
We shall see.
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