Go Back   DreamTeamDownloads1, FTP Help, Movies, Bollywood, Applications, etc. & Mature Sex Forum, Rapidshare, Filefactory, Freakshare, Rapidgator, Turbobit, & More MULTI Filehosts > World News/Sport/Weather > Piracy/Warez/Legal/Hackers/Scams & Internet News

Piracy/Warez/Legal/Hackers/Scams & Internet News Anything Related to Piracy, Warez, Legal Matters, Hackers, Internet News & Scams and How it Affects Sites/Members Can Be Read Here. Please do NOT post links to other Sites, but you May Name Them if They are Scam Sites

IMPORTANT ANNOUNCEMENT
Hallo to All Members. As you can see we regularly Upgrade our Servers, (Sorry for any Downtime during this). We also have added more Forums to help you with many things and for you to enjoy. We now need you to help us to keep this site up and running. This site works at a loss every month and we appeal to you to donate what you can. If you would like to help us, then please just send a message to any Member of Staff for info on how to do this,,,, & Thank You for Being Members of this site.
Post New ThreadReply
 
LinkBack Thread Tools Display Modes
Old 14-10-14, 15:39   #1
 
Ladybbird's Avatar
 
Join Date: Feb 2011
Posts: 34,028
Thanks: 22,936
Thanked 12,640 Times in 8,489 Posts
Ladybbird has a reputation beyond reputeLadybbird has a reputation beyond reputeLadybbird has a reputation beyond reputeLadybbird has a reputation beyond reputeLadybbird has a reputation beyond reputeLadybbird has a reputation beyond reputeLadybbird has a reputation beyond reputeLadybbird has a reputation beyond reputeLadybbird has a reputation beyond reputeLadybbird has a reputation beyond reputeLadybbird has a reputation beyond repute

Awards Showcase
Best Admin Best Admin Gold Medal Gold Medal 
Total Awards: 6

Pirate Megaupload’s Crimes Should be Dismissed”

“Megaupload’s Imaginary Copyright Crimes Should be Dismissed”

Posted: 14 Oct 2014




Acting on a lead from the entertainment industry, the U.S. Government shut down Megaupload early 2012.

Since then the case hasn’t progressed much. Kim Dotcom’s extradition hearing has been delayed until 2015 and most of the recent court proceedings dealt with how the seized assets should be handled.

Two months ago the Department of Justice launched a separate civil action in which it asked the court for a forfeiture of the bank accounts, cars and other seized possessions of the Megaupload defendants, claiming they were obtained through copyright and money laundering crimes.

Megaupload has now responded to these allegations at the federal court in Virginia, with a motion to dismiss (pdf) the complaint. According to Megaupload’s lawyers the Department of Justice is making up crimes that don’t exist.

One of the main arguments is that the Government accuses the Megaupload defendants of secondary criminal copyright infringement, a crime that doesn’t exist under common law.

“The crimes for which the Government seeks to punish the Megaupload defendants do not exist. Although there is no such crime as secondary criminal copyright infringement, that is the crime on which the Government’s Superseding Indictment and instant Complaint are predicated,” Megaupload’s lawyers write.

“That is the nonexistent crime for which Megaupload was destroyed and all of its innocent users were denied their rightful property. And that is the nonexistent crime for which the Government would now strip the criminal defendants, and their families, of all their assets,” they add.

In addition, Megaupload mentions another argument why the Court doesn’t have jurisdiction over the case. It’s a requirement that the infringements took place in the United States, but the DOJ’s compliant fails to back that up.

“Tellingly, the Complaint and the Superseding Indictment together fail to identify a single instance in which an act of infringement — particularly an unauthorized upload or download — occurred entirely within the United States,” the motion reads.

This is true for the alleged infringements committed by Megaupload users and also for the 50 Cent track Kim Dotcom allegedly distributed himself. There is no mention or proof that this infringement took place in the United States.

“Although the Complaint alleges that Kim Dotcom personally distributed a link to a copy of a copyrighted work on, and has received at least one infringing copy of a copyrighted work from, the Mega Sites, the Complaint never alleges where that occurred,” the lawyers argue.

Based on these and several other arguments Megaupload’s legal team has asked the Court to dismiss the DOJ’s complaint. At the very least, they want the case to be put on hold until the criminal case is completed.

TF spoke with Megaupload lawyer Ira Rothken who explains that this is the first time that they called out the Government for prosecuting “nonexistent” crimes.

“For the first time in the case, with this motion to dismiss, we are attacking the merits of the DOJ’s core copyright claims. We are optimistic that the Court will find that there is no such thing as criminal secondary copyright infringement,” Rothken said

The Government’s efforts are no surprise to Megaupload’s legal team. The civil attempt to obtain possession of the assets fits a pattern of meritless claims according to Rothken.

“The DOJ is trying to win the Megaupload case on procedure rather than the merits,” Rothken said

“We are hopeful the US Court will finally decide the threshold copyright issues in Kim Dotcom’s and Megaupload’s favor and bring this global legal matter to a rapid end.”
.
__________________
Nil Carborundum Illegitemi My Advice is Free My Friendship is Priceless

FREEBIES Continue to be a BURDEN on Our Increasing Server Costs. Please DONATE Something to HELP



& Thanks to Those That Have Taken The Time to Register & Become a Member of ... 1...
Ladybbird is online now  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiTweet this Post!
Reply With Quote
The Following User Says Thank You to Ladybbird For This Useful Post:
shadowwar (16-10-14)
Old 17-10-14, 08:28   #2
Senior Member
 
wildhoney66's Avatar
 
Join Date: Mar 2014
Location: Shangri-La
Posts: 293
Thanks: 27
Thanked 222 Times in 166 Posts
wildhoney66 has a spectacular aura aboutwildhoney66 has a spectacular aura aboutwildhoney66 has a spectacular aura about

Awards Showcase
Bronze Medal 
Total Awards: 1

Default Re: Megaupload’s Crimes Should be Dismissed”

i hope it does come to an end. but i have a feeling they will at some point create a law that will exist. because of this and i do hope i am wrong on that of course.
wildhoney66 is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiTweet this Post!
Reply With Quote
Post New ThreadReply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2019, vBulletin Solutions Inc.
SEO by vBSEO 3.5.2
Designed by: vBSkinworks