Judge Denies Megaupload's Motion to Dismiss

[Kargathia]

So, in layman's terms, Megaupload now has a case to answer and can't get out of it? '

If, and only if, the case ever reaches a US court, which at the moment looks doubtful. New Zealand's courts are having a long, hard look at the legality of the extradition, and seem ever more likely to return a "aw, hell no!" verdict.

Which is not to say that this verdict isn't downright retarded, as it states that for companies it is not even required to be in US jurisdiction for them to be liable under US law. Under the same logic Sealand could ban having a website, and charge everyone whose website is accessible from Sealand.

Third topic - I can not wait for the day when the internet grows up and realizes that stealing is all the time, does not matter if you were not going to buy it anyway, or that the quality is poor. It would be like if I went too your house stole your car that you were selling saying "Look, your car is a piece of junk. I am not paying for it." Stupid, thieving, idiots.

I am getting rather tired of these direct comparisons between piracy and stealing - they simply are not the same thing. When you steal an object, the owner is caused economic damage equal to the value of said object, as he is no longer able to use or sell it.
However, when you pirate it, the owner still retains the object, but instead is caused economic damage equal to the reduction in sales revenue.

Stealing and piracy would only be equal if every pirated copy is a lost sale - a ridiculous assumption. So far research indicates that for every thousand pirated copies, there is one lost sale.

So if you would want to keep it simple, you could say that pirating software is equal to stealing 0.1% of its value, or $0,06 per full-priced game.
You still cause the owner economic damage, but it's good to keep things in perspective.

 

[night_chrono]

So are we going to start suing Saudi Arabian Corporations for prejudice and hate crimes? Cause this ruling basically means the US has control over the world.

Love to hear New Zeland's response to this.

 

[madster11]

So, did everyone forget the whole money laundering and racketeering thing that was the real issue, until the MPAA and RIAA got involved? You know, the case that was being built up for about a year and a half? No, okay, standard status-quo here in that Law Enforcement is always wrong and that the US is trying to take over the world.

Yeah, so where's the proof of all that?

It's all bullshit made up by the MAFIAA.

 

[Louzerman102]

[That Tone of Voice (you know the one)]

I cannot fathom why anyone in this thread would be upset. This is perhaps the best development for the United States of America. For example General Motors can't sell cars to save its life, therefor arrest the CEOs of Toyota. It works perfectly and benefits the people who matter most.

[/that tone of voice (you know the one)]

Is it wrong that I read that in Tony Stark's voice?

I originally meant sarcasm, then halfway into writing it became Christopher Walken's voice.

 

[Rednog]

It would be like if someone stole a dvd gave it to me and I was charged for stealing it.

I don't know how the law works in Canada, but in the US we actually do have a law/crime for possession of stolen property, just wanted to point that out.

Edit: Actually you guys have it too.
Possession of property obtained by crime (s. 354)
Trafficking in property obtained by crime (ss. 355.2)
Possession of property obtained by crime for the purposes of trafficking (ss. 355.4)

 

[Pebkio]

What?

OJ Simpson was acquitted because one person said something wrong but MU is still on the hook even though the authorities were proven to ignore due process and the prosecutors fight to not reveal evidence? I am so shocked that the US Legal system would ignore established rules to get the outcome it wants that I think I'll have a heart attack and die now.

Hurrblah.

 

[weirdee]

whatever the charges were, they screwed up so badly that the accountability of this trial being a failure rests with the people whose responsibility was to oversee this thing fairly in the first place

as it is right now they are now likely liable for damages caused by their brash actions regardless of what the case's outcome would have been

 

[aba1]

It would be like if someone stole a dvd gave it to me and I was charged for stealing it.

I don't know how the law works in Canada, but in the US we actually do have a law/crime for possession of stolen property, just wanted to point that out.

Edit: Actually you guys have it too.
Possession of property obtained by crime (s. 354)
Trafficking in property obtained by crime (ss. 355.2)
Possession of property obtained by crime for the purposes of trafficking (ss. 355.4)

So we do well said my friend!

 

[Tallim]

FFS...this entire case has turned into such a clusterfuck.

Turned? From the first day it was all wrong.

Illegal search and seizure of the mansion.
GCSB snooping on communications illegally prior to the raid.
USA removing evidence from the country against specific notices from a judge not to do so.
And at one point the DOJ told the hosting company to delete all the data.

there's probably more including the hand waiving trying to get legitimate users to sue MU or the hosting company about their data loss. Although apparently they are going to have a chance in court but I doubt they'll get very far.

 

[Dandark]

Hey America. This is why most of the world hates you right now and why you would be the most hated country on the internet if your citizens didn't provide so much for it.

 

[dwp9296]

"It is doubtful that Congress would stamp with approval a procedural rule permitting a foreign corporate defendant to intentionally violate the laws of this country, yet evade the jurisdiction of the United States' courts by purposefully failing to establish an address here," O'Grady wrote in his ruling.

Except those laws weren't broken in the US. This has to be the worst excuse I've ever heard.

 

[Sylveria]

I didn't realize laws could be based on "could haves." "I shot the guy cause he could have had a gun. I didn't need to see the gun, I just needed to think he might possibly." - Every police officer for the rest of time now.

 

[SonOfMethuselah]

It would be like if someone stole a dvd gave it to me and I was charged for stealing it.

I don't know how the law works in Canada, but in the US we actually do have a law/crime for possession of stolen property, just wanted to point that out.

Edit: Actually you guys have it too.
Possession of property obtained by crime (s. 354)
Trafficking in property obtained by crime (ss. 355.2)
Possession of property obtained by crime for the purposes of trafficking (ss. 355.4)

I have a sneaking suspicion that you'll find laws like this most anywhere: there'd be a gaping hole in any legal system (like legal systems need more holes) otherwise. But what he was saying is that it would be like if someone handed him a stolen DVD, and he was charged with the theft itself, not the possession.

I'll admit, I don't know a lot about this case, but from what I've been able to extricate from the articles I've read, the piracy charges being leveled against MU seem more akin to charging them with the actual theft of copyrighted material, rather than just possessing it. Regardless of how you feel, it would be difficult to argue convincingly that, because they were holding copyright material, MU were actually the ones who stole it.

 

[Ishigami]

I don't like Dotcom BUT he has a point...

 

[antipunt]

"The Court acknowledges that the individual Defendants may never be extradited," the judge noted. "Be that as it may, the present motion is based on the argument that the government could never serve Megaupload. Because the alter ego analysis provides a means by which it may be possible to serve the Corporate defendant, it is appropriate to deny Defendant's motion without prejudice."

....

*brain explodes*

oh Law, I will never understand..