well things is starting to make a change in the case, the new zealand judge who was overseeing the extradition case between the U.S. goverment and megaupload has step down as judge for the case due to a remark he made by saying that the U.S. is "The Enemy".
so now the question is how will this affect the case?
For the greater part, Kim Dotcom and his co-defendants will have been pretty happy with Judge David Harvey, the man overlooking their increasingly controversial extradition case.
Things had been going well, with the Judge ruling favorably towards the Megaupload founder and his friends on a number of occasions, but last week he apparently overstepped the mark.
It happened during the NetHui conference after the launch of “Fair Deal”, a campaign opposing amendments to New Zealand copyright law that could become part of the Trans Pacific Partnership (TPP) agreement. In common with ACTA that went before it, TPP negotiations are being held in secret and being used by the U.S. entertainment industries to push for tougher copyright law.
One of issues surrounds the circumvention of DVD region codes which currently allows New Zealanders to watch DVDs from other regions without committing an offense. TPP seeks to remove that freedom, and Judge Harvey made it clear he wasn’t happy with that.
“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,” Judge Harvey said, adding:
“..we have met the enemy and he is [the] U.S.”
Quickly, NZHearld quoted Auckland University law professor Bill Hodge describing the comment as potentially “unhelpful” but clearly the pressure has been building since.
This morning, Chief District Court Judge Jan-Marie Doogue announced that Judge Harvey had decided to step down from the case over the comments.
“He recognizes that remarks made in the context of a paper he delivered on copyright law at a recent internet conference could reflect on his impartiality and that the appropriate response is for him to step down from the case,” she said.
The main reason why he even made that comment is because the US wouldn't stop acting like douches. Earlier they tried to revive ACTA while the case was going on and now they're slipping "Fair Deal" as another one into the premise of NZ.
If I was him I wouldn't go. I love my country and have even served in my country's military but I wouldn't trust the government and further than I can throw my best friend. The US government has a long history of lying.
As a quick followup to the MegaUpload case, founder Kim Dotcom is still on bail awaiting a hearing on a US application to extradite him to face charges of infringing copyright on films and music, racketeering and money laundering. In his first interview after being released, Dotcom said, "I find it very surprising that this is happening because like I said we had legal advice all these years telling us that we are an online service provider and we are not liable for the actions of third parties." The full video is embedded below. Dotcom holds dual citizenship in Finland and Germany, which is why we figure we can provide a quick update every now and then. also recently reported that Kim Dotcom was granted residency in New Zealand on account of his financial holdings, which the Immigration officials believed outweighed his past criminal convictions in his native Germany. Criminal convictions usually disqualify potential immigrants from being granted residence.
The immigration officials determined:
“The applicant has already made a substantial economic contribution to New Zealand through his spending here and will make further investments. I consider that these benefits and potential benefits outweigh the negative aspects flowing from the applicant’s convictions.” Kim Dotcom Exclusive Interview "I Will Fight This & Win" Video Link
Yeah it's about time I call Megaupload's chance of resurrection is 0%.
I really don't know what to believe anymore..... I mean while its true that MU was raided on blown out of proportion charges but even this report doesn't seem any less than exaggerating. (despite being in MU's favor)
Not sure if this can be used as legit evidence to defend em but at this point its mostly about whether the case will be moving any forward or not.
Returning Megaupload’s assets is no different from handing back stolen money to a bank robber, US Attorney Neil MacBride argued last month.
“The Government’s interest in forfeiture is virtually indistinguishable from its interest in returning to a bank the proceeds of a bank robbery; and a forfeiture-defendant’s claim of right to use such assets to hire an attorney, instead of having them returned to their rightful owners, is no more persuasive than a bank robber’s similar claim.”
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