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Old 21-11-14, 21:08   #101
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Default re: Kim Dotcom is FREE >Starts U.S.Political Party +Loses Lawyers

i haven't read the whole article yet to be fair. cause i'm about to take a good nap. but going by the title i'm really shocked the US didn't label him one a long time ago to be honest.
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Old 30-11-14, 13:18   #102
 
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Update re: Kim Dotcom is FREE >Starts U.S.Political Party +Loses Lawyers

Kim Dotcom Declares he is 'Broke' Because of Legal Fight


By Leo Kelion, Technology desk editor BBC, 30 Nov 2014




Mr Dotcom says Megaupload attracted about 50 million users a day at its peak



Kim Dotcom, the founder of the seized file-sharing site Megaupload, has declared himself "broke".

The entrepreneur said he had spent $10m (£6.4m) on legal costs since being arrested in New Zealand in 2012 and accused of internet piracy.
Mr Dotcom had employed a local law firm to fight the US's attempt to extradite him, but his defence team stepped down a fortnight agowithout explaining why.
Mr Dotcom said he would now represent himself at a bail hearing on Thursday.

He denies charges of racketeering, conspiring to commit copyright infringement and money laundering.
He told a conference in London, via a video link, that his lawyers had resigned because he had run out of money.

"The [US authorities] have certainly managed to drain my resources and dehydrate me, and without lawyers I am defenceless," he told the audience at the Unbound Digital event.
"They used that opportunity to try and get my bail revoked and that's what I'm facing."

The law firm Simpson Grierson, which had represented Mr Dotcom, could not be reached for comment.


Political backlash


Mr Dotcom's declaration comes seven months after he won back access to about $750,000 worth of property - including several of his cars - that had been taken at the time of his arrest. However, other assets, including dozens of bank accounts, remained frozen.




Mr Dotcom said that his decision to create a new political party had
backfired



The German national's finances have also been put under strain after he helped bankroll a political party that failed to win a seat in September's general election in New Zealand.

"Before I started my political movement - the Internet Party - I was quite popular in New Zealand," Mr Dotcom told the digital business conference.
"After I got involved in politics and the prime minister of New Zealand and his party attacked me viciously, labelling me a Nazi... and [saying] I'm only starting my political party to fight my extradition... New Zealanders unfortunately have bought into that narrative and today I'm a pariah.
"The witch-hunt worked, and everyone wants to see me burn, and next Thursday I might go to jail because of that."

Mr Dotcom does, however, continue to retain a lawyer in the US, who gave an interview to Radio New Zealand after Mr Dotcom's comments.




Mr Dotcom has said that the rent on his mansion was pre-paid until partway through 2015



"There are assets frozen across the globe, there are mechanisms in place for getting relief from those frozen assets - we're hopeful that courts across the globe, including in Hong Kong and New Zealand, will do the right thing and release funds to counsel," said Ira Rothken.

"This is the largest copyright case in the history of the United States and New Zealand. It's a very expensive case. And the governments are making this a war of attrition.

"They're trying to outspend Kim Dotcom. They are trying to win on procedure rather than merit. And we're going to do the best that we can so Kim Dotcom has a fair playing field."

He added there were still about 20 lawyers working on the case.

Mr Dotcom launched a follow-up online storage company, Mega, in 2013, and in March said it was valued at 210m New Zealand dollars ($164m; £104m).

The business is set to be floated on New Zealand's stock exchange later this year.

However, he does not directly own a stake in the business himself and is no longer one of its directors.





Mona Dotcom moved into a home close to her husband after their split



His wife, Mona, does own 16.2% of its shares, but the two are separated. Ms Dotcom revealed in June that she had moved into a guest house about 50m (164ft) away from Mr Dotcom's mansion so their five children could still be close to their father.

Mr Dotcom has revealed that his rent is pre-paid until mid-2015 and he plans to return to court "soon" to try to unfreeze more of his assets.

The next extradition hearing into his case is not scheduled until February 2015, providing him an opportunity to hire more local lawyers if he can obtain the funds.

"Not having legal representation should not prevent an individual from challenging extradition proceedings if he or she has good grounds to do so," Neil Smyth, a partner at the law firm Taylor Wessing, told the BBC.

"However, the process is such that having advisers that are experts on not only the law, but also the procedure and the tactics, undoubtedly gives that individual a greater advantage in fighting extradition."

The US Justice Department claims Megaupload made more than $175m before it was closed and cost film, TV and other rights-holders more than $500m.


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Old 01-12-14, 04:49   #103
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Default re: Kim Dotcom is FREE >Starts U.S.Political Party +Loses Lawyers

i highly doubt it cost the studios that much money if any at all. it prolly helped them make that much money well at least i think so. but they won't admit to that though.

if he is broke it's a WTF? he no doubt will lose the case if he is forced to defend himself and he'd really have to study the law & all that mumbo jumbo to know what he's talking about when he does and if he has to defend himself if he can't find a lawyer who will my guess do it pro bono. since he can't pay right now if he is actually broke that is.
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Old 02-12-14, 17:27   #104
 
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Update re: Kim Dotcom is FREE >Starts U.S.Political Party +Loses Lawyers

Kim Dotcom is FREE >Starts U.S.Political Party

Posted: 02 Dec 2014 12:16 AM PST







Just twenty-four hours ago Kim Dotcom was staring disaster in the face, his freedom hanging in the balance on the words of a New Zealand judge.
U.S. authorities claimed that Dotcom had breached his bail conditions on several occasions in the hope they could place the businessman back behind bars.

With his legal team mostly resigned, Dotcom faced the court with a single lawyer and pulled it off. Allegations against him dismissed, the German left the court a free man, ready to fight another day.

Not content with cruising speed, this morning Dotcom stomped his foot on the gas once more, announcing what could be his biggest challenge yet.

“The Internet Party is coming to the United States in 2015,” he announced on Twitter.


The political arena is no stranger to Dotcom. The Megaupload founder pumped millions of dollars into the original New Zealand-based Internet Party in the lead up to the 2014 elections there, although that foray into politics ended mostly in disappointment.

One of the administrative issues faced by Dotcom in his New Zealand campaign was his nationality. As a German he could not stand himself, so instead the Internet Party forged a partnership with the Mana Party whose leader ultimately ended up losing his seat.

In the United States Dotcom will face similar hurdles, but it appears plans are already in place to not only shake up politics, but to do so using players from some of the very industries currently hounding him.

“Stay tuned for our celebrity founders from the music, film and Internet industry,” Dotcom teased this morning.

Cracking the United States will be no easy task and will require more funding than the estimated $3m Dotcom pumped into his New Zealand campaign. However, Dotcom possesses considerable skills in grabbing the attention of the media so will be a great asset on the PR front, a role he has confirmed.

“The Internet Party US will be well funded and run by American citizens. I will help with Public Relations ;-),” he wrote.

The funding issue could also prove to be an interesting one since only last week Dotcom announced that he’s “officially broke”. Despite having earned $40 million since his assets were seized back in 2012, Dotcom says his luxury lifestyle and hefty legal bills have swallowed it all up.

In a parting shot this morning, Dotcom again protested his innocence and denied U.S. government claims that he’s a fugitive and likely to flee. The icing on the cake was a reference to a certain Clinton and her anticipated presidential run.

“I’m not a pirate. I’m not a fugitive. I’m not a flight risk,” Dotcom declared. “I’m your Internet Freedom fighter AND Hillary’s worst nightmare in 2016!”


In the wake of the Internet Party’s election defeat in New Zealand, Dotcom declared his brand “poisoned” and briefly retreated out of the spotlight. However, recent headlines have shown there is still a broad appetite for Dotcom’s unique blend of drama, but whether US citizens will want that injected into their politics remains to be seen.
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Old 05-12-14, 19:34   #105
 
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Update re: Hero Kim Dotcom Saves/Protects XBox & Playstation From Hackers

Kim Dotcom’s Hong Kong Millions Unfrozen.. Momentarily

More than US$42 million of assets belonging to Kim Dotcom were unfrozen today by a Hong Kong court, but celebrations were short-lived. The HK$330 million, seized when Megaupload was shutdown in 2012, were immediately placed under a new restraining order.



By Andy @TF. 5 Dec 2014

In 2012, as Megaupload’s servers were being shuttered in the U.S. and Dotcom’s New Zealand mansion was raided by armed police, the German’s Hong Kong offices were being turned over by a reported 100 customs officers.

At the behest of the U.S. government, HK$330 million (US$42.55m) in assets were seized and have remained frozen ever since.

Earlier this year Dotcom and his associates took legal action against the Hong Kong government and in October applied for the restraining order to be set aside, accusing the secretary for justice of failing to provide a “full and frank disclosure” of the facts when the application for seizure was made.

According to Dotcom’s lawyers the prosecution withheld important information from the court when applying for the restraining order, including the fact that Megaupload could not be served with a criminal complaint in the United States as it was based entirely abroad.

In a new hearing in the High Court this morning, Deputy High Court Judge Mr Garry Tallentire set aside the restraining order. Celebrations, however, were short-lived.

At his discretion Tallentire immediately re-instated the lock on Dotcom’s assets, but it was not all bad news for the Megaupload founder.

The original restraining order was granted ex parte, meaning that the defendants in the case were not allowed to put their side of the story. The new modified order gives Dotcom’s legal team the right to contest the asset freeze.

The Judge also ordered the U.S. government to pay Dotcom’s legal fees as he continues his fight to have his assets unfrozen. The ruling pleased Dotcom, who took to Twitter to celebrate.

“Two court victories against the US government in a week. Glad that Hong Kong isn’t part of the US puppet show. This is the turning point!” he declared.

Earlier this week Dotcom maintained his freedom after the U.S. government failed to have his bail revoked following a three-day hearing.

He now faces an extradition hearing in June 2015.
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Old 05-12-14, 20:43   #106
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Default re: Hero Kim Dotcom Saves/Protects XBox & Playstation From Hackers

so if i read this right he won his case? pretty much? or did i read this wrong?
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Old 05-12-14, 21:15   #107
 
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Default re: Hero Kim Dotcom Saves/Protects XBox & Playstation From Hackers

Quote:
Originally Posted by wildhoney66 View Post
so if i read this right he won his case? pretty much? or did i read this wrong?

Sort of but then they caused more probs for him....read it again...He will continue fighting...
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Old 06-12-14, 23:57   #108
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Default re: Hero Kim Dotcom Saves/Protects XBox & Playstation From Hackers

oh i figured out that he was going to continue fighting, i just meant with him going to court to stay out of jail for piracy etc.. he wants to clear his name i got that part figured out. i just meant that he was going to court in Feb. last i heard for megaupload etc..

so he won that case? when it comes to stuff like this i get confused cause of the law talk. i'd make a terrible lawyer if i ever tried to be one cause i'd never remember all the mumbo jumbo.
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Old 11-12-14, 19:26   #109
 
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Update re: Hero Kim Dotcom Saves/Protects XBox & Playstation From Hackers

Kim Dotcom Is Not a Fugitive -Court Hears


Posted: 11 Dec 2014







It’s been nearly three years since Megaupload was taken down by the U.S. authorities but it’s still uncertain whether Kim Dotcom and his fellow defendants will be extradited overseas.

As there’s little progress in the criminal case, the U.S. launched a separate civil case asking the court to forfeit the bank accounts, cars and other seized possessions of the Megaupload defendants.



The U.S. claims that these assets were obtained through criminal activities. In a recent motion to strike the DoJ added that Kim Dotcom and his fellow defendants have no right to oppose the forfeiture request as they are fugitives.

“Claimants Bram van der Kolk, Finn Batato, Julius Bencko, Kim Dotcom, Mathias Ortmann, and Sven Echternach, are deliberately avoiding prosecution by declining to enter the United States where the criminal case is pending,” U.S. Attorney Dana Boente noted.


Yesterday evening Megaupload’s legal team filed a response to the Government’s motion, noting that the U.S. heavily distorts the “fugitive” status concept.
The lawyers inform the court that Kim Dotcom and his fellow defendants aren’t trying to avoid prosecution. Instead, they’re remaining in place until the New Zealand court decides over their extradition request.

“These Claimants never fled the United States to evade prosecution. To the contrary, they remain precisely where they have long been residing and carrying out the very business enterprise that the Government characterizes as criminal—in New Zealand.”

“Nor have these Claimants altered their plans so as to avoid return to the United States. To the contrary, they are simply maintaining the pre-indictment status quo and following the rule of law by invoking their rights under the laws and procedures of their home countries, where they had long-planned to remain.”

In a declaration to the court Dotcom emphasizes that he’s currently under supervision of the New Zealand court. He never fled from the United States, in fact, he has never been there in his entire life.

“I have never been a citizen or permanent resident of the United States. I have never visited the United States,” Dotcom writes.

Megaupload’s lawyers ask the court to deny the U.S. “fugitives'” claim or keep it pending until there’s a decision on the motion to dismiss they filed earlier. In this motion they argued that the entire case should be dismissed since the U.S. doesn’t have a statute for criminal secondary copyright infringement.
If the court decides to move forward, Megaupload’s legal team want the “fugitives” claim to be converted to a request for summary judgment. This would allow them to conduct discovery and find out what role the MPAA played in the criminal investigation.

Shortly before the investigation began the MPAA hired former Assistant Attorney General, Cybele Daley, for lobbying purposes. Daley had a budget of over $1 million a year to lobby attorneys at the Department of Justice, and Megaupload’s lawyers want to find out where the U.S. was overreaching.

It’s now up to the Virginia federal court to decide how to proceed. Needless to say, the outcome will have a major impact on Dotcom’s means to fight back.
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Old 15-12-14, 00:57   #110
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Default re: Hero Kim Dotcom Saves/Protects XBox & Playstation From Hackers

you know by now they should just leave the fat guy alone. don't get me wrong i can't stand him either. but if he is more or less winning as of me typing this, at some point they are going to have to just leave him alone. but they want to use him as an example as to what happens when you download this or that. it's just plain stupid. as i've said many times there are far far far more important crimes that need their attention to than this fat guy. so just pay more attention to the ones that could say well peoples lives than a guy who ran a piracy site. i don't even like that word to be honest. i dunno how many times this season i've been forced to download something to watch cause CBS was airing stupid sports.

yes there are streaming sites but sometimes when you want to watch something those take a day or two to be posted. and when you want to watch it that nite and you have links. there ya go. i still buy the season sets if i enjoy a show too. so they are getting my money either way.
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Old 27-12-14, 17:42   #111
 
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Hot re: Dotcom’s Wife Not Entitled to 50% Seized Assets>US Argues

Kim “Santa” Dotcom Stops Xbox and Playstation Attacks

Posted: 26 Dec 2014





When Xbox and Playstation players wanted to test their Christmas gifts a few hours ago, they were welcomed by an unpleasant surprise.

Lizard Squad, who repeatedly DDoSed the PlayStation Network and Xbox Live’s servers in recent months, were back with a Christmas gift nobody asked for. Another DDoS attack resulting in yet more downtime.

One of the affected players was Kim Dotcom, who’s an avid Xbox player himself. But instead of cursing Lizard Squad to high heaven he decided to make them an offer.

Although the general belief may be that it’s best not to negotiate with “terrorists,” Dotcom decided to give it a try.


Quote:

“Hi @LizardMafia, I want to play #Destiny on XBOX Live. I’ll give your entire crew Mega lifetime premium vouchers if you let us play. Cool?” he tweeted.







Lizard Squad is apparently easy to please as they were willing to stop the attacks in return for 3,000 free cloud hosting vouchers.
After getting approval from Mega’s management, Dotcom and Lizard Squad eventually came to terms through Twitter’s back-channel.







Once the vouchers were in Lizard Squad’s possession, the attacks did indeed slow down and Christmas was saved. While some still experienced some outages due to the earlier attacks, many players were able to join their favorite games again.



Quote:
“Thanks @KimDotcom for the vouchers–you’re the reason we stopped the attacks. @MegaPrivacy is an awesome service,” Lizard Squad tweeted, confirming the successful intervention.
Dotcom, meanwhile, is happy that he can play Destiny but wishes that his other troubles could be resolved this easily too.


Whether the U.S. Department of Justice will accept Mega vouchers is doubtful though....




Quote:
“Obviously, diplomacy works. I recommend that the U.S. Government gives it a try. #MakeLoveNotWar #UseMegaVouchers,” Kim noted.

Of course there’s no guarantee that Lizard Squad will keep their promise during the days to come, but Dotcom said he will render the vouchers useless if attacks resume.

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Old 28-12-14, 09:48   #112
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Default re: Dotcom’s Wife Not Entitled to 50% Seized Assets>US Argues

you know i hate the idea of playing video games online, i don't believe in it and i think it's a stupid idea. i'm old school if i want to play a video game i take it it off my shelf and put the disc or cartrage or as we used to call them back in the day Tapes in and play them.

but i also gotta say even though i do agree you shouldn't give in to terrisotirs. sorry about my bad spelling, this time i think was the right thing to do. hey if it makes the kids happy i'm ok with this one. i was reading at the top of the page as i was getting to the bottom and him saying hollywood is taking over politics i do agree with.

that's what it feels like to me as well.
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Old 08-01-15, 16:50   #113
 
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Update re: Dotcom’s Wife Not Entitled to 50% Seized Assets>US Argues

Dotcom’s Wife Not Entitled to 50% of Seized Assets -U.S. Argues

Posted: 8 Jan 2015






Following the 2012 raid on Megaupload and Kim Dotcom, U.S. and New Zealand authorities seized millions of dollars in cash and other property.


Claiming the assets were obtained through copyright and money laundering crimes, last July the U.S. government launched a separate civil action in which it asked the court to forfeit the bank accounts, cars and other seized possessions of the Megaupload defendants.

In August 2014, Dotcom and his co-defendants responded by filing their own claims against the property, a move which resulted in the U.S. branding the former Megaupload operators as “fugitives“.

Early September Mona Dotcom, Kim Dotcom’s wife, filed her own claim against some of the seized property. Mona said that under New Zealand law she had “a 50% marital interest” in the assets named in the civil forfeiture complaint, which includes luxury vehicles and other expensive items.


No standing to claim

However, in a new filing the U.S. states that Mona currently has no standing to make such a claim, arguing that her interest under New Zealand law remains “unquantifiable” until she obtains a New Zealand court order defining the extent of her marital property.
Noting that Mona herself previously claimed to have been “completely financially dependent” on Kim Dotcom since their marriage, the U.S. states that Mona has failed to provide evidence that she has “dominion and control over the properties” which give her standing to make a claim.
Highlighting Mona’s claim to one of the seized vehicles, the U.S. notes that “Mona Dotcom cannot even drive — and without that ability, it would seem nearly impossible for her to establish that she had dominion and control over the vehicles.”


Already received millions from marriage

Also at issue is the value of the 50% claim itself. According to the U.S. government, Mona has already received assets “far in excess” of the value of her claim from her marriage thus far.

“Mona Dotcom has already received more than any possible marital interest claim from releases from the New Zealand Courts, as well as from a direct transfer to her from Kim Dotcom of assets not restrained by this Court,” the U.S. argues.
According to the filing, through successful court action the Dotcom’s have obtained 40% of the assets previously seized in New Zealand.

“As of December 2014, more than NZ$1 million (currently US$770,000) in restrained funds were released to the Dotcoms as ‘living expenses’ by the New Zealand courts,” the filing reads.
“An additional approximate NZ$6 million (US$4.64 million) in legal fees have already been released to the Dotcoms. Mona Dotcom has benefited from the attacks on the restraints and has continued to enjoy a lavish lifestyle as a result.”

The U.S. also references assets in cloud-storage service Mega which were gifted to Mona by husband Kim. The 17% share is estimated to be worth NZ$35 million.

“This gift, combined with the apparent proceeds of previous sales of stock in Mega Limited and [music service] Baboom, means that Mona Dotcom has been provided and still controls assets well in excess of the approximately NZ$23 million she is trying to claim in this proceeding as her marital assets.
“Because she has already been provided those assets, her claim that she is still owed half the interest in Kim Dotcom’s restrained assets cannot be established under New Zealand law.”


Benefits from illegal activity?

The U.S. government also insists that in order to have a valid claim for assets Mona might have to prove that she has not unlawfully benefited from criminal activity associated with her husband and Megaupload.

“Whatever the New Zealand courts ultimately determine Mona Dotcom’s marital interest to be, New Zealand courts have consistently refused to allow even an entirely innocent and unaware spouse to retain any interest in criminal proceeds,” the U.S. government writes.

But according to government’s lawyers, it may not come to that. They say that Mona was one of the incorporators of the “Megateam Corp.” in the Philipines and had no less than six separate Megaupload accounts associated with her email addresses.

“Mona Dotcom’s claim is insufficient to give her standing because she cannot establish any concrete injury,” the U.S. concludes. “Until the New Zealand courts quantify whatever property interest she may have, the nature of her property interest is at best, inchoate and murky.”

Finally, it appears the U.S. is also concerned about the amount of cash being burned through by the Dotcoms. In December Kim Dotcom filed a request for further legal expenses (estimated by the U.S. as likely to run into “millions”) plus additional living expenses (US$77,000 per month) to be released. That hearing will take place next week.
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Old 26-02-15, 19:46   #114
 
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Update re: ‘Destitute’ Kim Dotcom Begs High Court For Money

‘Destitute’ Kim Dotcom Begs High Court For Millions

TF, 26 Feb 2015


Kim Dotcom was in court today pleading for access to his seized assets. A reportedly "destitute" Dotcom asked for the release of US$152,000 a month for living expenses and as much as US$3m for legal fees. The Megaupload founder said if funds aren't forthcoming, living in a mansion may no longer be an option.



After years of enjoying a lifestyle most people could only dream of, Kim Dotcom’s name has become almost synonymous with spending to excess.

There are dozens of photos showing the Megaupload founder on yachts surrounded by exotic beauties and specially commissioned films depicting his passion for high performance cars.

In 2012, however, the brakes were applied somewhat when United States and New Zealand authorities shutdown Megaupload and seized millions in assets. Ever since, Dotcom has periodically requested access to those funds, and has succeeded in obtaining large sums on a number of occasions.

But after reportedly burning through almost all released funds, a “broke and destitute” Dotcom was back in the High Court today seeking the release of yet more cash from the US$9m seized by New Zealand authorities three years ago.

Appearing before Justice Patricia Courtney, Dotcom requested living expenses and a massive cash injection to pay historical and current legal fees. Dotcom was previously granted around US$15,000 per month to live on but the entrepreneur said that the cost of running a family and a mansion had left him “penniless”.

And, according to RadioNZ, Dotcom still owes a small fortune to his former legal team who quit last year when the entrepreneur previously ran out of funds. QC Paul Davison, who had fought Dotcom’s corner since the 2012 raid, is reportedly owed around US$380,000 while law firm Simpson Grierson is owed around US$1.5m.

To cover his living expenses, at least for now, Dotcom today requested the release of US$152,000 per month plus up to US$3m to put towards his legal defense. Needless to say, the Crown has been putting up a fight, but in common with all things Dotcom, there are other complexities to consider.

Last year Dotcom and his wife Mona separated in a wave of publicity, with the latter allegedly fleeing their shared mansion on a golf cart in the middle of the night. Since her ‘escape’ the former model has appeared in several magazine articles in which she provided insight into her life with Kim.

The latest, which reported her new love life and a $60,000 Mercedes gift to a “toyboy lover”, inspired Dotcom to take to Twitter.

“I helped & hired a 17yr old troubled kid to play Xbox with Mona’s brothers. 1 year ago he decided to play with Mona,” Kim wrote.

On February 20, the apparent problems continued, with Dotcom reporting that Mona had applied to the High Court asking that it should “decline Mr Dotcom’s application… to release frozen assets for his legal defense.’

Mona Dotcom’s position is an interesting one. Even though she’s not part of the U.S. copyright case against her estranged husband and reportedly not part of Kim’s life anymore, she is the controller of the family trust and the millions it contains.

Mona withdrew her opposition to Kim’s application today which prompted Crown lawyer David Boldt to suggest that Mona could release funds from the trust to her husband. However, the fact that the couple are in a “separation battle” over their shared assets was quickly pointed out by a reportedly “amused” Kim Dotcom.

Turning to Dotcom’s current home, the now-famous Coatesville mansion, Boldt asked Kim Dotcom if moving to something more frugal might be an option.

“Have you thought about moving into a house that doesn’t cost you $1m a year?” he said.

“Which landlord is going to rent to me? I don’t have even a bank account,” Dotcom replied.

Noting that he didn’t want to uproot his children and that the family had spent $6.8m improving the place, Dotcom conceded that if his financial situation didn’t improve, he may have to relocate.

A decision will be handed down shortly.
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Old 04-03-15, 16:05   #115
 
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Update re: Kim Dotcom May Be Deported In Wks > For Speeding Offence

U.S. Govt Files For Default Judgment on Dotcom’s Cash and Cars

4 Mar 2015

In the wake of the now-famous 2012 raid, the U.S. government has done everything in its power to deny Kim Dotcom access to the assets of his former Megaupload empire. Millions were seized, setting the basis for a legal battle that has dragged on for more than three years.

In a July 2014 complaint submitted at a federal court in Virginia, the Department of Justice asked for forfeiture of the bank accounts, cars and other seized possessions, claiming they were obtained through copyright and money laundering crimes.

“Kim Dotcom and Megaupload will vigorously oppose the US Department of Justice’s civil forfeiture action,” Dotcom lawyer Ira Rothken told TF at the time.

But in the final days of last month Dotcom received a blow when a ruling from the United States barred him from fighting the seizure. A Federal Court in Virginia found that Dotcom was not entitled to contest the forfeiture because he is viewed as a “fugitive” facing extradition.

“We think this is not offensive to just Kim Dotcom’s rights, but the rights of all Kiwis,” Rothken said.

Wasting no time, yesterday the United States went in for the kill. In a filing in the District Court for the Eastern District of Virginia, the Department of Justice requested an entry of default against the assets of Kim Dotcom plus co-defendants Mathias Ortmann, Bram van der Kolk, Finn Batato, Julius Bencko, and Sven Echternach.

The targets for forfeiture are six bank accounts held in Hong Kong in the names of Ortmann, der Kolk, Echternach, Bencko and Batato. New Zealand based assets include an ANZ National Bank account in the name of Megastuff Limited, an HSBC account held by der Kolk and a Cleaver Richards Limited Trust Account for Megastuff Limited held at the Bank of New Zealand. Two Mercedes-Benz vehicles (an A170 and an ML500) plus their license plates complete the claim.

The request for default judgment was entered soon after.

“In accordance with the Plaintiff’s request to enter default and the affidavit of Assistant United States Attorney Karen Ledbetter Taylor, counsel of record for the Plaintiff, the Clerk of this Court does hereby enter a default against the defendant,” Clerk of Court Fernando Galindo wrote.

Dotcom and his co-defendants will now have to wait to see if the U.S. court grants default judgment and forfeiture. However, even if that transpires it probably won’t be the end of the matter.

Since the assets are located overseas any U.S. order would have to be presented to the courts in those countries. In New Zealand, for example, the U.S. acknowledges that the forfeiture order might not be accepted and could become the subject of further litigation.

In any event the battle for Dotcom’s millions will continue, both in the United States and elsewhere. And with each passing day comes extra legal costs which diminishes the entrepreneur’s chances of mounting what is already an astronomically costly defense, a situation that plays right into the hands of the U.S.
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Old 13-03-15, 18:43   #116
 
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Pirate re: Kim Dotcom May Be Deported In Wks > For Speeding Offence

Posted: 13 Mar 2015

September last year the Digital Citizens Alliance and NetNames released a report that looked into the business models of “shadowy” file-storage sites.

Titled “Behind The Cyberlocker Door: A Report How Shadowy Cyberlockers Use Credit Card Companies to Make Millions,” the report offers insight into the money streams that end up at these alleged pirate sites.

The research claims that the sites in question are mostly used for copyright infringement. But while there are indeed many shadowy hosting services, many were surprised to see the Kim Dotcom-founded Mega.co.nz on there.



For entertainment industry groups the report offered an opportunity to put pressure on Visa and MasterCard. In doing so they received support from U.S. Senator Patrick Leahy, who was also the lead sponsor of the defunct controversial Protect IP Act (PIPA).

Senator Leahy wrote a letter to the credit card companies claiming that the sites mentioned in the report have “no legitimate purpose or activity,” hoping they would cut their connections to the mentioned sites.

Visa and MasterCard took these concerns to heart and pressed PayPal to cut off its services to Mega, which eventually happened late last month. Interestingly, PayPal cited Mega’s end-to-end-encryption as one of the key problems, as that would make it harder to see what files users store.



The PayPal ban has been a huge blow for Mega, both reputation-wise and financially. And the realization that the controversial NetNames report is one of the main facilitators of the problems is all the more frustrating.

TF spoke with CEO Graham Gaylard, who previously characterized the report as “grossly untrue and highly defamatory,” to discuss whether Mega still intends to take steps against the UK-based NetNames for their accusations.

Initially, taking legal action against NetNames for defamation was difficult, as UK law requires the complaining party to show economic damage. However, after the PayPal ban this shouldn’t be hard to do.

Gaylard is traveling through Europe at the moment and he notes that possible repercussions against the damaging report are high on the agenda.

“Yes, I am here to see Mega’s London-based legal counsel to discuss the next steps in progressing the NetNames’ response,” Gaylard informs TF.


Mega’s CEO couldn’t release any details on a possible defamation lawsuit, but he stressed that his company will fiercely defend itself against smear campaigns.

“Mega has been operating, and continues to operate a completely legitimate and transparent business. Unfortunately now, with the blatant, obvious, political pressure and industry lobbying against Mega, Mega needs to defend itself and will now cease taking a passive stance,” Gaylard says.

According to the CEO Mega is running a perfectly legal business. The allegation that it’s a piracy haven is completely fabricated. Like any other storage provider, there is copyrighted content on Mega’s servers, but that’s a tiny fraction of the total stored.

To illustrate this, Gaylard mentions that they only receive a few hundred takedown notices per week. In addition, he notes more than 99.7% of the 18 million files that are uploaded per day are smaller than 20MB in size, not enough to share a movie or TV-show.

These statistics are certainly not the hallmark of a service with “no legitimate purpose or activity,” as was claimed.

While the PayPal ban is a major setback, Mega is still doing well in terms of growth. They have 15 million registered customers across 200 countries, and hundreds of thousands of new users join every month.
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Old 27-03-15, 14:11   #117
 
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Update re: Kim Dotcom May Be Deported In Wks > For Speeding Offence

US Govt Wins Many Millions From Kim Dotcom

27 Mar 2015


Following the 2012 raid on Megaupload and Kim Dotcom, U.S. and New Zealand authorities seized millions of dollars in cash and other property.



Claiming the assets were obtained through copyright and money laundering crimes, last July the U.S. government launched a separate civil action in which it asked the court to forfeit the bank accounts, cars and other seized possessions of the Megaupload defendants.

Megaupload’s defense heavily protested the request but was found to have no standing, as Dotcom and his colleagues can be seen as fugitives.

A few hours ago District Court Judge Liam O’Grady ordered a default judgment in favor of the U.S. Government. This means that the contested assets, which are worth an estimated $67 million, now belong to the United States.

“It all belongs to the U.S. government now. No trial. No due process,” Dotcom informs TF.

More than a dozen Hong Kong and New Zealand bank accounts have now been forfeited, including some of the property purchased through them. The accounts all processed money that was obtained through Megaupload’s alleged illegal activities.

The list of forfeited assets further includes several luxury cars, such as a silver Mercedes-Benz CLK DTM and a 1959 pink Cadillac, two 108″ Sharp LCD TVs and four jet skis.

The memorandum issued by Judge O’Grady repeats many of the allegations in the original indictment. It lists links to infringing materials that could be found on the site and claims that Megaupload purposefully obfuscated its illegal intent.

Dotcom refutes these claims as “Hollywood nonsense” and maintains that Megaupload was operating legally and cooperated with copyright holders when required.

“The default judgment is so thick with DOJ and Hollywood nonsense that one might think they drafted it,” Dotcom says.

The New Zealand based entrepreneur believes that it’s been an unfair battle thus far, and with his assets now going to the U.S. it’s certainly not getting any easier.

But while the ruling is a huge blow, it also opens up the possibility to have the case reviewed by a higher court.

“For the first time we get the opportunity to test the decisions of this Judge at a higher court. Because of the way his previous rulings were designed he made an appeal impossible. But we now can and probably will appeal O’Grady’s decision on fugitive disentitlement and forfeiture,” Dotcom notes.

For now, however, the successful forfeiture request is the U.S. Government’s first major victory against Megaupload.

Meanwhile, Dotcom and his fellow Megaupload defendants are still waiting to hear whether they will be sent to the U.S. to stand trial. The extradition hearing will start early June, after a request from Dotcom’s lawyers to postpone it was turned down earlier this week.
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Old 06-04-15, 18:42   #118
 
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Default re: Kim Dotcom May Be Deported In Wks > For Speeding Offence

Megaupload Freezes MPAA and RIAA Lawsuits For Six Months

Posted: 6 Apr 2015


Over three years have passed since Megaupload was shutdown, but aside from Andrus Nomm’s plea deal there has been little progress in the criminal proceedings.

Dotcom and his fellow Megaupload defendants are still waiting to hear whether they will be sent to the U.S. to stand trial.

The extradition hearing is currently scheduled to start early June after a request from Dotcom’s lawyers to postpone was turned down last month.

But there’s more legal trouble for the defunct file-hosting service. In addition to the criminal case, Megaupload and Kim Dotcom were sued last year by the major record labels and Hollywood’s top movie studios.

Fearing that they might influence criminal proceedings, Megaupload’s legal team previously managed to put these civil actions on hold.

After being delayed for a year the proceedings were expected to continue this month. However, since the extradition hearing has yet to take place, Megaupload asked the court to freeze the MPAA and RIAA cases until October.

This week District Court Judge Liam O’Grady granted the request under the same conditions as the previous order.


Quote:

The ruling means that both the MPAA and RIAA cases will now be delayed for another six months. The movie and music studios consented to the freezing request, which made it a relatively straightforward decision.

A stay has not yet been granted in a third civil suit filed by the music group Microhits. In this separate case Megaupload’s legal team was ordered to present an oral argument in support of its motion, which will take place later this month.
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Old 14-04-15, 02:45   #119
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Default re: Kim Dotcom May Be Deported In Wks > For Speeding Offence

they are still going after the fat guy? honestly i don't even see the point anymore? what really gets me is i still buy dvd's and blu-ray's. and when it says that pirating hurts the envirement sorry for my bad spelling, i don't see how it hurts it? throwing garbage by the truckload with oil and lord knows what else hurts it. someone downloading a movie does not. sorry for going off topic a bit that's just my 2 cents for the time being
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Old 15-04-15, 14:16   #120
 
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Update Re: Kim Dotcom Receives Good News + Freezes MPAA/RIAA Lawsuits For 6 Months

Kim made this announcement today;


Quote:
@KimDotcom tweeted: I can't tell you why (not yet) but today I have received the greatest news. I'm so happy right now. I just want to hug the entire world :-)
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Old 16-04-15, 18:22   #121
 
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Default re: Kim Dotcom May Be Deported In Wks > For Speeding Offence

Dotcom Speeding Offense Could Lead to Deportation “In Weeks”

17 Apr 2015




He’s one of the most famous people in the online space and the founder of the site at the heart of the world’s largest ever copyright infringement lawsuit, yet a relatively minor indiscretion has the potential to derail Kim Dotcom in a matter of weeks.



It all stems back to September 10, 2009 when a police radar gun logged speed-loving Dotcom doing 149km/h (92mph) in a 50km/h (30mph) zone. According to the authorities police gave chase, eventually catching up with Dotcom’s 3.6-liter AMG Mercedes 1.7km (1 mile) later close to his Coatesville mansion.

Explaining his three times over-the-limit endeavor as a “stupid mistake”, Dotcom later pleaded guilty by letter four days later. During the hearing the court heard that the entrepreneur had been “testing” a new car.

“When spoken to by police the defendant stated he had seen an 80km/h sign. He further stated that he stepped on the gas for 3-4 seconds and then braked and reduced his speed to the speed limit. He also stated he wanted to test the acceleration of the vehicle,” the records state.

Despite Dotcom expressing regret for his actions, the judge fined him $500 plus $130 costs and banned him from driving for six months.


Now, almost five years later, the case is coming back to haunt Dotcom after he failed to declare the motoring conviction on his New Zealand residency application eight months after the offense.



In the (blurred) image below released under the Official Information Act, item three shows a ‘No’ response to the question

“Have you or any of your family members included in your application, ever been: Convicted of an offense including traffic offenses committed within the last five years, involving dangerous driving [or] driving having consumed excessive alcohol.


Dotcom-Declaration

Quote:
The same immigration records reveal that Dotcom disclosed both his 1994 hacking conviction and a 2001 suspended sentence for insider trading, but both were disregarded having been dealt with under Germany’s “clean slate” legislation.

Nevertheless, it now appears that Dotcom’s position as a New Zealand resident is under threat due to his dangerous driving conviction and subsequent non-disclosure.

According to NZHerald, Immigration Minister Michael Woodhouse could decide within the month whether Dotcom will be allowed to remain in New Zealand or be kicked out of the country.



Dotcom insists that the omission was the result of a misunderstanding with his advisors but the discovery was considered serious enough to prompt a high-level deportation inquiry.

“In the interests of fairness and natural justice, Mr Dotcom and his advisers have been asked to make submissions on the matter by 4 May,” Immigration NZ said in a statement.

“Once that process is complete a decision will then be made by the Minister of Immigration on whether Mr Dotcom is liable for deportation.”

The potential for deportation (albeit to either Finland or Germany, not the United States) only adds to Dotcom’s woes.

Last month the United States seized dozens of millions of dollars worth of the Megaupload founder’s assets and in June he’ll face an extradition hearing having had a request for postponement denied.

Whether Dotcom will be able to deflect ejection from New Zealand on either or both counts remains to be seen, but the tycoon certainly sees himself being backed into a corner.


Quote:

“Dear Mr. Dotcom,” he wrote this morning on Twitter.

“Here are your options: Extradition or Deportation. Regards, The New Zealand Government.”
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Old 22-04-15, 14:26   #122
 
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Update re: Kim Dotcom>Seized Mega Domains Link to Scams/Malware

Dotcom Appeals Extradition Delay Ruling, Colleague Lawyerless

By Andy TF, 22 April 2015


As the battle over Kim Dotcom's fate continues, the entrepreneur was back in court today appealing the decision not to delay a June extradition hearing. But while Dotcom enjoyed support from a reported 10-strong legal team, former Megaupload colleague Finn Batato appeared lawyerless amid an application for legal aid.


#


The now three-year cases of Kim Dotcom versus the New Zealand and United States governments have developed into a massive legal grind.
Almost every adverse decision affecting either side finds itself subjected to appeal wherever possible, with neither of the opposing parties prepared to concede defeat.


For Dotcom, the purposes of the battles are obvious. While trying to recoup as much of his seized wealth as possible, the Megaupload founder is determined to avoid extradition to the United States where he faces the largest copyright-focused case in history.

On four occasions the German-born businessman has succeeded in having his extradition hearing delayed but last month his luck appeared to have run out. With a June 2015 hearing looming, Dotcom’s legal team asked the North Shore District Court for an adjournment until October, claiming that the time remaining was not enough to prepare for such a complicated case.





In the event the court refused to grant a delay to a hearing that will decide whether Dotcom and co-defendants Mathias Ortmann, Finn Batato and Bram van der Kolk should be sent to the United States to stand trial. The decision led to Dotcom’s lawyers applying for a judicial review.

Yesterday the parties were back in court yet again, arguing that a four-month delay is necessary in order for Dotcom and his associates to prepare their cases. Led by top lawyer Ron Mansfield, the High Court welcomed the German’s legal team to hearing set to last two days

At least for now, Dotcom’s cash situation doesn’t appear to be hindering his defense. According to 3News the German had a 10-strong legal team behind him this morning. The same could not be said about Megaupload co-defendant Finn Batato, however.





A fellow German and former chief marketing officer at Megaupload, Batato arrived at the High Court this morning without a lawyer in tow. Famously Folmed tearing around the Nürburgring circuit with Dotcom and racing driving Kimi Raikkonen, Batato told the court he would be representing himself.

After allowing Batato to move from the public gallery to sit among Dotcom’s lawyers, the Court heard that Batato had made an application for legal aid, a system of government funding designed to ensure people aren’t denied justice because they can’t afford a lawyer.

Grant Illingworth, QC, a 30-year legal veteran with more than 30 Court of Appeal cases under his belt, argued that the complexity of the extradition and Batato’s legal position meant that the hearing should be delayed.

“Mr Batato is waiting on a legal aid application. He has no lawyer and won’t have one unless legal aid is granted,” he said.

Illingworth told the Court that not enough information had been supplied relating to how charges from the US matched with crimes under New Zealand law .

“We’re in a hopeless position as far as complying with the timetable… we can’t comply with it,” he said.

If the appeal is successful it will be the fifth time that the extradition hearing has been delayed since the now-infamous Megaupload shutdown of 2012.

In the meantime Dotcom awaits a decision on whether an undisclosed dangerous driving offense will affect his residency in New Zealand.
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Old 29-05-15, 17:41   #123
 
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Update re: Kim Dotcom>Seized Mega Domains Link to Scams/Malware

Seized Megaupload Domains Link to Scam Ads and Malware

Posted: 29 May 2015




Well over three years have passed since Megaupload was shutdown, but there is still little progress in the criminal proceedings against the operation.
The United States hopes that New Zealand will extradite Kim Dotcom and his colleagues, but the hearings have been delayed several times already.



Meanwhile, several domain names including the popular Megaupload.com and Megavideo.com remain under the control of the U.S. Government. At least, that should be the case. In reality, however, they’re now being exploited by ‘cyber criminals.’

Instead of a banner announcing that the domains names have been seized as part of a criminal investigation they now direct people to a Zero-Click adverting feed. This feed often links to malware installers and other malicious ads.

One of the many malicious “ads” the Megaupload and Megavideo domain names are serving links to a fake BBC aricle, suggesting people can get an iPhone 6 for only £1.

And here is another example of a malicious ad prompting visitors to update their browser.





The question that immediately comes to mind is this: How can it be that the Department of Justice is allowing the domains to be used for such nefarious purposes?

Looking at the Whois records everything seems to be in order. The domain name still lists Megaupload Limited as registrant, which is as it was before. Nothing out of the ordinary.

The nameserver PLEASEDROPTHISHOST15525.CIRFU.BIZ, on the other hand, triggers several alarm bells.


Quote:


CIRFU refers to the FBI’s Cyber Initiative and Resource Fusion Unit, a specialized tech team tasked with handling online crime and scams. The unit used the CIRFU.NET domain name as nameserver for various seized domains, including the Mega ones.

Interestingly, the CIRFU.NET domain now lists “Syndk8 Media Limited” as registrant, which doesn’t appear to have any connections with the FBI. Similarly, CIRFU.BIZ is not an official CIRFU domain either and points to a server in the Netherlands hosted by LeaseWeb.

It appears that the domain which the Department of Justice (DoJ) used as nameserver is no longer in control of the Government. Perhaps it expired, or was taken over via other means.

As a result, Megaupload and Megavideo are now serving malicious ads, run by the third party that controls the nameserver.

This is quite a mistake for one of the country’s top cybercrime units, to say the least. It’s also one that affects tends of thousands of people, as the Megaupload.com domain remains frequently visited.

Commenting on the rogue domains, Megaupload founder Kim Dotcom notes that the people who are responsible should have known better.

“With U.S. Assistant Attorney Jay Prabhu the DOJ in Virginia employs a guy who doesn’t know the difference between civil & criminal law. And after this recent abuse of our seized Mega domains I wonder how this guy was appointed Chief of the Cybercrime Unit when he can’t even do the basics like safeguard the domains he has seized,” he tells TF.

“Jay Prabhu keeps embarrassing the U.S. government. I would send him back to law school and give him a crash course in ‘how the Internet works’,” Dotcom adds.

Making matters worse for the Government, Megaupload.com and Megavideo.com are not the only domain names affected. Various poker domains that were previously seized, including absolutepoker.com and ultimatebet.com, also link to malicious content now.

While the Government appears to have lost control of the old nameservers, it can still correct the problem through a nameserver update at their end.

However, that doesn’t save those people who had their systems compromised during recent days, and it certainly won’t repair the PR damage.
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Old 12-06-15, 01:10   #124
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Default re: Dotcom>Copyright Charges Not Enough For Extradition +US Wants to Keep His Millions

1stly i think this is really funny, 2ndly anyone who is going trying to use the old megaupload address is an idiot cause as we all know it's been closed for 3 years.

and it's even funnier that the goverment wouldn't keep the license after all this time. i hope they don't and it hurts them in their case against Jabba the hut
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Old 10-07-15, 17:40   #125
 
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Default re: Dotcom>Copyright Charges Not Enough For Extradition +US Wants to Keep His Millions

Prominent Legal Experts Rally Behind Megaupload

Posted: 10 Jul 2015


Earlier this year the U.S. Government won its civil forfeiture case against Megaupload and Kim Dotcom.

As a result, the U.S. now owns Kim Dotcom’s bank accounts, cars, art and other property worth dozens of millions of dollars.

Last week Megaupload’s legal team filed its appeal brief, hoping to undo the District Court’s decision, pointing out that the court denied the defendants’ basic rights and violated due process

According to the defense team the court was wrong to label Dotcom and his colleagues as fugitives, a claim which is now supported by several legal experts.

A few hours ago the Cato Institute, the National Association of Criminal Defense Lawyers and the Institute for Justice submitted an independent brief in support of Megaupload.


Quote:
“… the federal government’s aggressive use of forfeiture poses a grave threat to property rights and can cause irreparable injury when property is forfeited without any hearing,” the groups write .
The legal experts sum up a variety of reasons why the Megaupload defendants should not be branded fugitives and note that the District Court’s decision is dangerous and unconstitutional.


Quote:
“Stripping the claimants of their due process rights isn’t just unconstitutional, it’s dangerous. There’s a growing literature on the abuse of civil forfeiture and those abuses are directly tied to the protections given to the claimants here, as well as the ability of government officials to directly benefit from forfeitures,” they write.
Continuing their brief, the legal experts suggest the Department of Justice was not happy with how the case was proceeding, and that they went after the assets to turn the case in their favor.


Quote:
“Not content to hold the best hand in this card game a U.S. Attorney’s office with extensive resources and privileges the government has decided that the other side should be forced to relinquish its chips before the game even begins.”

“This Court should not countenance such a gross violation of due process,” they add, asking the court to overturn the District Court decision.
Kim Dotcom is glad to see the support of the legal experts and is confident that his team will win the appeal.

“I’m grateful for the support from these respected organizations. It is good to see that there are groups of legal experts in the United States that hold the Government to account and combat the abuse of power and prosecutorial overreach,” Dotcom says.
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Old 20-08-15, 01:29   #126
 
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Cool re: Dotcom>Copyright Charges Not Enough For Extradition +US Wants to Keep His Millions

Universal Music and Kim Dotcom Prepared a Deal to Tax Google

Posted: 19 Aug 2015. TF.






Just when some thought that Kim Dotcom might be running out of ammunition, the Megaupload founder has dropped another huge bombshell.

A recording of a discussion between the German and several Universal Music executives that took place in 2012 – just two days before the infamous raids – reveals a somewhat excited record label preparing to do business with Dotcom, in part at Google’s expense.


The 32 minute recording starts off mid conversation, with the one exec prompting Kim to talk a little bit more about Megakey, his system to monetize free music by replacing the ads that users normally see with ones supplied by Mega.


Megakey

As previously detailed, Kim explained that when Megakey users surf the Internet they see Mega ads instead of ads provided by other companies such as Google. In exchange, users are given credit to access free content. By Dotcom’s estimates it would be possible for Megakey to pay the labels 33 cents per track while enabling users to obtain 75 songs per year for free.

Soon the execs were asking questions, such as how Megakey could properly target users with appropriate ads. Kim explained that initially they would receive the ads at the bottom end of the market but once users began to experience high quality music provided by UMG, that would attract a better quality of ads worth up to twice as much.

Dotcom also offered to profile users to better understand them, with part of the Megakey deal being that users reveal information about themselves such as age, sex and location when they sign up. Dotcom said that the company could also cross reference user information made available on Facebook.


Start Slowly and Build

Due to the controversial nature of the Megakey ad replacement mechanism, both sides expressed a desire to start off slowly, initially by replacing just 10% of a user’s adverts.

“We need to be able – and this is also going to be one of the challenges – to be able to sell all of these impressions we will have. So to be able to fully sell out 10% of the ads that 100 million users would consume each day, that is a challenge and that would take time to build up, to have that kind of buying power from advertisers,” Dotcom said.
“We’re basically talking about a few billion dollars here and you need to, you know, create these relationships and so on.”


The caution over taking more than 10% was shared by the UMG execs.


“I can see what they’d say already,” said one. “It’ll be described as a parasite on other cyber services.”

Dotcom said that his legal team had already looked into it and concluded that each user is the king of their own computer and if he or she wants to replace ads, they are free to do so. Quickly, Kim suggested a target.


Target: Google

“If we were to enter a partnership with UMG, we would advise to only, for example at the start, to only replace ads being served from Google.

Because Google, frankly, is benefiting the most of all Internet companies from piracy,” the Megaupload founder said.



(Well many of us already knew that for years eh DTD1 members? + Google receive $$$ from the US 'Grey Men', to STOP Piracy =
Hypocrites!..............Ladybbird)



"They host the world’s largest piracy index and if you want to find a song that belongs to UMG, you just go to Google and you find a thousand links on a hundred different sites.

These guys are probably not sending you the ad dollars that they are making, so I think that replacing ads from Google would be a fair thing.

You are basically now charging a little tax for the benefits that they have with your content.

“I completely agree,” said one exec.

Kim later asked whether there would be any commercial agreements with other labels that would get in the way of a Megakey deal?

“We probably would need to agree a whitelist of where you could replace ads, just to avoid deliberately antagonizing,” said one.

“But Google will not be on that list!” laughed another.

“It’ll just be open season!” “Fire in the hold!” chimed in two others.


Don’t Use the ‘T’ Word

By now the conversation was starting to warm, but at least one of the UMG execs had taken issue with Kim’s use of the word ‘tax’.

“Isn’t that the worst analogy you could make? Isn’t that the worst possible way of phrasing it?” he said.
Dotcom disagreed.

“You are trying to get legislation in place and get governments to do that for you but they won’t do that. They want to be re-elected. They will not have a culture tax, ok? So we can make that happen for you, the culture tax,” Dotcom said.

The label exec preferred to frame it differently

“I’d argue that what you are trying to do is not imposing a tax on anybody, it’s that you are giving users a chance to control their own destiny when it comes to how ads are served and to participate in the revenue generated from it. Because anything that has the word tax in it is immediately ‘Oh God!”

“Let me add that we would never say that in any public forum,” Dotcom responded. “So I use this term in this closed round here but at the end of the day, that’s what it is.”


This Thing Has Potential….

Soon the UMG execs were coming up with the ideas.

“If Universal decided to work with you guys, rather than replacing ads everywhere we could replace a much higher percentage when it came to any page connected to a Universal artist,” said one.

“If we choose to work with you guys, Megakey replaces [the ads], and that then makes it less parasitic. There’s a bunch of spins we could take, we could replace them with Vevo ads.”

“I like you guys, why didn’t we talk years ago?” asked Dotcom.

“We are dealing with everyone who just hates us and wants to kill us but I think we really have a solution that can solve the problem of the content creators. We are very proud of it and would love to work with you guys as you seem to be really getting it and I’m so happy that we have had this meeting now.”


How Soon Can We Start?

Complaining about the music business being run by lawyers after the Napster era, one UMG exec told Dotcom that things are changing.

“So, if we were to do a deal with [Megakey], how quickly could you [move]? This technology is live and in place now?”

“Yes, that’s correct,” Kim confirmed.

“So all we have to do is work out a deal, plug you guys into our legitimate feed of repertoire, and we could go live this side of the summer,” an exec responded.
“We need to have a commercial conversation about the deal making process and I’ll keep the lawyers at bay as long as I possibly can. When we come to paper the deal I’ll have to bring in a lawyer but I’ve got a lawyer I can trust who can do this.”

Dotcom and the UMG guys agreed to meet up in March 2012, but first there was a thorny issue to raise.


The Mega Song Controversy

“Have you guys heard about this Mega Song video that happened between UMG and us?” Dotcom asked.

UMG had previously angered Dotcom by wrongfully taking down his wildly successful video from YouTube and legal action was still pending.

“So the thing is because of that takedown we had to take some legal action and we’re basically now in court with UMG and if you guys feel like this is something interesting to talk about, I think we should diffuse that a little bit,” Dotcom told the meeting.


“I agree,” came the response. “I think that in the wider conversation at some point it would be very helpful if that just disappeared.”

Interestingly, the execs then provided a surprise reason for the problems, partially laying the blame on Google.


Google Had a Point to Prove on SOPA?

“The Google [YouTube] filters which are normally very inefficient got miraculously efficient. We could not understand why. We’d withdrawn the claim yet the filter was taking down stuff that in a million years it wouldn’t normally catch. So we were sat in the background going ‘What the **** is going on here?'” one exec said.

“We did something that we thought was in good faith, we then took back the takedown and then the filters went mad in a way that if they’d done so on a normal day, we’d be happy.”

Then the conversation got a little bit dark, to say the least.


“Between you and I, please never repeat any of this conversation – because I’d be sacked – but there was a lot of weird **** going on in that very brief period where we had to wonder whether the people running the [YouTube] filters were running the business to their ends,” one exec explained.

“It was a perfect political football,” said another. “And they kicked it very hard.”


“Because of the SOPA thing, we got ****ed. Which is fine.”


Moving on to the size of the market and Universal’s dominant share, one exec told Dotcom what he was waiting to hear.

“I will happily do a deal with you guys.”


‘Notorious Market’ Lists are Bad for Business

But of course, an elephant remained in the room.

Megaupload was out of favor with not only the record labels but also the MPAA and United States Trade Representative. Dotcom decided to point out what everyone in the meeting almost certainly had in the back of their minds.

“We have gotten a lot of fire from RIAA, MPAA, everyone in the content industry, for you know, Megaupload,” Dotcom said.

“We don’t have a rewards program, we are one of the cleanest guys. I mean you guys, UMG, RIAA, everyone has direct access to our servers. We remove content swiftly, we try our best to be the best player in our industry but we’re getting all the heat because of our size.

“What would also be nice is if we could try and defuse that whole situation and if you can make an effort to help us with that because, you know, putting us on all sorts of nasty lists and how bad we are and all of that, that doesn’t help either.”

The suggestion was well received.


Allow us To Improve Your Standing, Mr Dotcom

“Yeah, I agree. In exchange for the litigation disappearing there are certain people I can have conversations with where you will be moved onto a different list as opposed to a bad list,” an exec told Dotcom

“We want to be on the friends list!” he responded.
“Yeah, well you get on to the friends list once we’ve signed a deal. And then the rules of engagement change completely.
In the short-term I can downgrade your status from ‘evil’ to ‘bad’ and as the process goes on it will be from ‘bad’ to ‘good’ to ‘exceptional partner’.”

Never one to miss a point of negotiation, Dotcom persuaded the execs to change his designation from “evil to bad” to “evil to neutral” and they agreed, noting that companies can be easily removed from the notorious markets list if they so desire.

But sadly for all involved, none of that came to pass.

“This call was two days before the raid. They were excited about Megabox and especially my Megakey innovation. It clearly shows that I was trying to help artists to create more income from the Internet.”

And then the raid happened, and the rest is history.
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Old 20-08-15, 20:18   #127
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Default re: Dotcom>Copyright Charges Not Enough For Extradition +US Wants to Keep His Millions

he's not at trial yet? or is he? i'm still hoping he gets off only cause that may help us, or did i misunderstand this?
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Old 24-08-15, 17:43   #128
 
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Default re: Dotcom>Copyright Charges Not Enough For Extradition +US Wants to Keep His Millions

He is still fighting extradition, read post 47 for more info
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Old 25-08-15, 01:43   #129
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Default re: Dotcom>Copyright Charges Not Enough For Extradition +US Wants to Keep His Millions

i try and read all this but it's like reading in circles cause my ADD than kicks in.
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Old 25-08-15, 08:44   #130
 
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Default re: Dotcom>Copyright Charges Not Enough For Extradition +US Wants to Keep His Millions

Quote:
Originally Posted by wildhoney66 View Post
i try and read all this but it's like reading in circles cause my ADD than kicks in.

I agree wildhoney, most of the Apps/Updated Browsers these days are moving too fast..

Older we get , etc... FOR SURE, even my brain moves in a greater degree of circles than yours.

1 thing I have learnt is MS/APPLE/YouTube
continued to be paid by the US..

I keep my 3 old laptops running....

+ Maintain my old TV & Jeep, after MANY years of service..


Kim.Domcom may think he knows everything. BUT he has the money to do so...


BASIC THING HE has NOT LEARNT is Wisedom..

Keep paying lawyers & Thus/ STOPS 'Pals' post on 'Social Media'


Wisedom comes from years/experience in life.

Kim Dotcom, went through so much as a child....


You, wildhoney, & I have known each other for years...


Simple as that, we all grow older..

Super gurus on the net these days, that think they know everything,,, will 1 day finally realise...

1 thing they ALL have missed = is WISEDOM

I repeat, I maintain my very OLD TV, PCs /old jeep

Kim. Dotcom still has $$$ stored away, hence he continues his fight..


DO NOT Download any new APPs.. for anything..even on cel phones.

The Net these days, is dangerous



Trust me & DTD1, our site appears 'offline' for a reason..=

PROTECTION for our members
....

Have more confidence in yourself!



& again thank you for posting
....


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Old 26-08-15, 02:57   #131
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Default re: Dotcom>Copyright Charges Not Enough For Extradition +US Wants to Keep His Millions

i don't actually own a celly. but i do have a an apple i touch. and there are apps i did put in it. but i don't download stuff on it. like movies and such. i see no reason to do so to be honest. you tube, IMDB and i leave out the games, i could care less about those.

and of course i have subscribed to a handful of podcasts that i love.

but as for taxing google even though i hate google, i don't get why that would be a good thing or even a bad thing, what's the purpose in that? yes i read that but that also sounds like he's running out of ideas to be honest. and i agree he has the money but not the brains. and i agree there's plenty of people who know how to make a puter, or rather build one. all the apps know the good things and bad.

and in short are smart like bill gates. but there's always someone smarter than them.
they just haven't made it big yet.
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Old 31-08-15, 22:39   #132
 
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Update re: Dotcom>Copyright Charges Not Enough For Extradition +US Wants to Keep His Millions

U.S. Government Grabbed Dotcom’s Millions & Fights to Keep Them

Posted 31 Aug 2015


Earlier this year the U.S. Government won its civil forfeiture case against Megaupload and Kim Dotcom.

As a result the authorities now claim possession of Kim Dotcom’s bank accounts, cars, art and other property worth dozens of millions of dollars.


Last month Megaupload’s legal team appealed the District Court’s decision, pointing out that the court denied the defendants’ basic rights and violated due process.

According to the defense team the court was wrong to label Dotcom and his colleagues as fugitives, an argument that received support from several prominent legal experts.

The U.S. Government responded to the claims. In a lengthy 59-page response brief United States Attorney Dana Boente argues that the District Court rightfully labeled Dotcom and his colleagues as fugitives.

The brief also explains why the Department of Justice decided to file a civil forfeiture case against Megaupload and Dotcom, while the criminal proceedings were still ongoing.

The U.S. feared that Dotcom would get his money back if the DoJ failed to file a civil case. Under New Zealand law foreign restraining orders are only valid for two years, with a possible one-year extension. This extension would have run out on April 18th of this year.

“Therefore, the United States had no realistic alternative to filing its civil forfeiture action if it was to obtain any financial relief for the victims of the Mega Conspiracy,” Boente writes.

Tucked away in a footnote United States Attorney Boente describes the case as a last resort to keep the money safe.

“…this civil forfeiture case was filed as a last resort, over two years after the Fugitive Claimants were indicted when it became clear that they would fight to delay any extradition proceedings, while depleting the proceeds of their crimes to the detriment of their victims and to their own unearned benefit”

“Had the defendants simply appeared to face the criminal charges, the civil forfeiture case would not have been necessary,” the footnote adds.


The crux of the appeal is whether or not the District Court’s order to forfeit an estimated $67 million in assets was right. According to the Government it was, as the defendants’ due process rights were not violated.

In the response brief the U.S. notes that Dotcom and his colleagues avoided the United States on purpose, which makes it proper to label them as fugitives.

Megaupload’s defense previously argued that they avoided the U.S. because they were exercising their legal right to fight the extradition. However, the U.S. Attorney noted that Dotcom his colleagues had their chance to get due process, if they’d decided to come to the United States.

It’s now up to the Appeals Court to decide whether the U.S. forfeiture order was indeed rightful, or if Dotcom and his Megaupload colleagues should regain control over their assets.

Even if the U.S. wins, the assets will not be available freely.
Over in New Zealand, the court granted Dotcom interim relief from having the forfeiture order recognized locally.
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Old 22-09-15, 20:28   #133
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Default re: Dotcom>Copyright Charges Not Enough For Extradition +US Wants to Keep His Millions

i can't remember anymore did he try and flee cause i don't remember him doing that. so much of this crap has happened within the last couple years that i don't even remember anymore. i think it's total BS they are still trying to get the fat guy. as i've said numerous times i hope the fat guy wins. i don't care weather he's flat broke or not just as long as he wins. and as long as it helps sites like this survive.
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Old 30-10-15, 20:29   #134
 
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Update re: Dotcom>Copyright Charges Not Enough For Extradition +US Wants to Keep His Millions

Dotcom’s Bid to Halt Extradition Hearing Fails, Defense Begins

Posted: 30 Oct 2015

It was an extremely long road up until that point, with multiple successive delays hindering progress, but last month saw Kim Dotcom’s extradition hearing finally get underway.

The hearing was expected to take around four weeks but earlier this month it became clear progress would not be so swift. After the U.S. had made its case to extradite Dotcom and former colleagues Mathias Ortmann, Finn Batato and Bram van der Kolk, the defendants repeatedly claimed that the hearing was unfair.

The United States had done everything possible to stop the quartet from mounting a proper defense, they argued, so the whole thing should be paused or even thrown out altogether following submissions to that effect.

The hearing was due to end on October 16, despite Dotcom being absent due to pain from an existing bad injury. That didn’t happen and today the court revealed that efforts to have the hearing thrown out had failed.

In a ruling released today, Judge Nevin Dawson said he would not hear full argument of the applications to have the extradition hearing brought to a close.

The defense wanted to show that the New Zealand government had acted illegally when they arrested Dotcom in 2012 but that was disallowed. The Judge gave no reasons why, only indicating he would reveal all when the hearing was completed.

As a result the defense will now begin stating its case on Monday but that hasn’t stopped a clearly irritated Dotcom airing his opinions in public.

“We will identify why the United States case is flawed. Sadly because of the limited focus of such an extradition hearing I can’t call the required and planned expert evidence to simply answer the incorrect factual assertions by the United States. The United States won’t permit [experts] to be paid,” Dotcom explained.

“The case will now turn on important legal argument. We outline this on Monday. However, when we enter the ring we do so to win. The obstacles the United States has put up to stop us from fighting back won’t stop us. We won’t be silenced by bullies!”

Dotcom’s entire future could hang on the outcome of this extradition hearing. If extradited and found guilty in the United States, he and his co-defendants face the possibility of decades in jail. Nevertheless, Dotcom seems up for the fight.

“I wish you could all be at my court hearing on Monday. It’s going to be good,” he concludes.
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Old 03-11-15, 04:04   #135
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Default re: Dotcom>Copyright Charges Not Enough For Extradition +US Wants to Keep His Millions

ya know the guy is not an American i don't think. i can't remember anymore to be honest,
why does it have to be here? Seriously! why does it have to be in the US?

all i want is the guy to have a fair trial and in the US i can't see him having it cause all they really want to do is to use him as an example. this could have been over and done with a long ass time ago if they hadn't wanted him here in the US. weather he would have gone to jail or gone to jail i have no idea to be honest, either way

the guy should have already gone to trial already. and plus even the worst of people i think need to have a fair trial. even if i don't like it when it comes to certain people it's how it should be done.

and going through all this crap they are forcing him to do to me it sounds like they don't want him to have a fair trial at all, but like i said they want to throw his ass in jail as an example for people who download stuff. i downloaded the evil dead tv series 1st episode the other nite, why? because we don't have the channel it's on and it's just plain stupid to buy a channel for one tv show that's only going to be on for

12 weeks i think? and if i like the show i prolly will end up buying it on blu-ray anyways. my point is they get plenty of my money anyways regardless if i download something or not. i bought prince's new album but i downloaded it 1st. i was going to buy it anyways i just wanted to hear it 1st.

so having that option i like. ya know?
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Old 03-11-15, 11:32   #136
 
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Default re: Dotcom>Copyright Charges Not Enough For Extradition +US Wants to Keep His Millions

Quote:
Originally Posted by wildhoney66 View Post
ya know the guy is not an American i don't think. i can't remember anymore to be honest,
why does it have to be here? Seriously! why does it have to be in the US?

all i want is the guy to have a fair trial and in the US i can't see him having it cause all they really want to do is to use him as an example. this could have been over and done with a long ass time ago if they hadn't wanted him here in the US. weather he would have gone to jail or gone to jail i have no idea to be honest, either way

the guy should have already gone to trial already. and plus even the worst of people i think need to have a fair trial. even if i don't like it when it comes to certain people it's how it should be done.

and going through all this crap they are forcing him to do to me it sounds like they don't want him to have a fair trial at all, but like i said they want to throw his ass in jail as an example for people who download stuff. i downloaded the evil dead tv series 1st episode the other nite, why? because we don't have the channel it's on and it's just plain stupid to buy a channel for one tv show that's only going to be on for

12 weeks i think? and if i like the show i prolly will end up buying it on blu-ray anyways. my point is they get plenty of my money anyways regardless if i download something or not. i bought prince's new album but i downloaded it 1st. i was going to buy it anyways i just wanted to hear it 1st.

so having that option i like. ya know?

Ah well wildhoney66, same old story....the NSA & the CIA have controlled many things happening in the world today, as they have done for many years..


eg; WHISTLEBLOWER Snowden & his lawyers, (in the US & Russia), have offered FIVE TIMES for him to go back to the US to face the accusations against him in COURT and thereafter do any jail time..

NO RESPONSE from the US..

= MORE INFO from Snowden will come out..


Similar situ for Kim Dotcom..

(REAL name = MICHAEL
Schmitz, born and raised in Germany)


He DID have a legal storage company for Big Stars in Hollywood & other parts of the world, called Megauploads.. The US illegally seized & have hept all that storage DATA from those Big Stars


Dotcom
has won about 3-4 hearing/appeals in the US so far, for them to release some of his money to help pay his lawyers..

RESULT = 0


The US is broke & in debt to many countries, and has been for many years....AND have defaulted...

Simple as that.....
.
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Old 03-11-15, 20:49   #137
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Default re: Dotcom>Copyright Charges Not Enough For Extradition +US Wants to Keep His Millions

you know the US may be broke like you say, but what did we get taught as kids? to spend your money wisely. and i admit that when it comes to movies and tv shows stuff like that, and music i can get carried away with spending my money on stuff i think i need and maybe i don't? but having said that i can and am able to stop myself at some point from spending too much money. sometimes it works but not always.

my point? you'd think the US would also spend the money wisely as well. imagine how much money they would have saved if they would have not spent a dime on going against piracy no doubt it's in the billions by now. and i know that wasn't his real name i just could not remember where he was from that's all.

why should he have his trial here in the US? he's not anyone who went out and killed anyone or anything that would be bad enough for him to be sent over here to stand trial. he just owned a site that was for file sharing and that's it.

i still don't think he's going to get a fair trial here cause the US is messed up these days. i do hear people still say they love the US, but not as much as i used to, to be honest. in fact it's rare when i do hear it. mostly i think it's vets that say it

and that i can understand. but i don't blame Obama for all our problems either. now don't get me wrong he's part of it but he's not the whole reason. i'm hoping that in his last year he does do some good, who knows he may do some thing right before he's kicked out of the white house. that's me being optimistic a tiny bit.
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Old 11-11-15, 15:28   #138
 
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Update re: Dotcom>Copyright Charges Not Enough For Extradition +US Wants to Keep His Millions

Copyright Charges Not Enough For Extradition

Posted: 11 Nov 2015






The extradition hearing of Kim Dotcom and former colleagues Mathias Ortmann, Finn Batato and Bram van der Kolk, continued in the Auckland District Court last week.


The quartet is fighting deportation to the United States on serious charges including conspiring to commit copyright infringement, conspiring to commit money laundering, and engaging in a racketeering conspiracy.

However, the court heard from the defense that the offenses don’t meet the criteria for the men to be sent to the United States.

Dotcom’s lawyer Ron Mansfield said the Crown, arguing on behalf of the United States, has been attempting to characterize the charges against the men as fraud, an extraditable offense.

However, he pointed out that the US Supreme Court previously ruled that copyright infringement can not be considered fraud.

A key case, Dowling v. United States, is referenced in a white paper published by Kim Dotcom (pdf).


It’s important for Dotcom to make a clear distinction between copyright infringement and fraud. Mansfield says that all of the 13 charges against the Megaupload founder are underpinned by copyright infringement allegations.


Also muddying the waters is the fact under United States law one of the criminal copyright infringement charges brought against Dotcom has already exceeded its time limitations.

The others, Mansfield said, are not aimed at his client and are dependent on other charges being proven.

“Categorically there is no case to answer under US law,” he said
“Unless the United States can show an offense of criminal secondary copyright infringement in the United States as a matter of law, this court must reject this application for surrender.”


But locally there are issues too. Mansfield told the court that New Zealand legislation does not recognize copyright infringement as fraud either and the extradition treaty between the two countries does not hold copyright infringement as being an extraditable offense.

“That’s the end of the story, really,” he told Judge Nevin Dawson.

Further boosting Dotcom’s position, he argued that even charges of (non-extraditable) copyright infringement are excessive.

As the operator of a service provider company, Dotcom and his colleagues should’ve enjoyed ‘safe harbor’ and not been held liable for the infringing acts of their users.

Dotcom’s defense is expected to conclude this week but no matter what the outcome, it’s unlikely to be the end of the extradition legal process.

Whichever side loses, both are expected to take their case to appeal.
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Old 13-11-15, 06:08   #139
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Default Re: Dotcom>Copyright Charges Not Enough For Extradition +US Wants to Keep His Million

well i hope he wins like i said even though i can't stand the guy. i accept that he has to court,i don't like it and think he should have been found not guilty years ago.

but it is what 3 or 4 years now this has been going on. i just want for him to win his case so maybe we don't have to hear about him anymore. or as much anyways
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Old 23-11-15, 15:21   #140
 
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Update re: Dotcom is Broke>Asks Hong Kong For Help +US Wants Kims Millions

23 Nov 2015

After beginning just beyond the mid-point of September, by now the extradition hearing of Kim Dotcom should be long over.

Instead, the hearing – which will decide the fates not only of the Megaupload founder but also colleagues Mathias Ortmann, Finn Batato and Bram van der Kolk – has dragged on for some 10 weeks. It’s due to draw to a close sometime tomorrow but as usual things started normally and then went downhill.


“I’m back in court today listening to the last episode of Alice in copyright land. 10 weeks of U.S. copyright fiction are coming to an end,” Dotcom announced before setting off to court this morning.

However, Dotcom’s journey didn’t go smoothly and he was late to arrive after allegedly being detained by the police. The reasons aren’t clear but a report by TVNZ, which has now been deleted, had Judge Nevin Dawson asking if that was for speeding and lawyer Simon Cogan responding “I hope not, sir”.

Eventually Dotcom appeared in time to hear Crown lawyers began summing up their case against the Megaupload defendants. The defense had finished its arguments relatively smoothly last week but today there were surprises in store.

Grant Illingworth, lawyer for Bram van der Kolk and Mathias Ortmann, told the Court he’d been reading through the US summary of the case and had discovered that the prosecution intends to introduce new evidence before the case wraps up tomorrow.


In response to Mr Illingworth describing the 11th hour effort as “an ambush situation”, Christine Gordon for the prosecution offered to make the evidence available immediately. But Illingsworth declined and asked for the evidence to be stood down and the hearing stalled.

After ordering the evidence to be made available, Judge Dawson indicated he wouldn’t yet rule on whether it can be used by the prosecution. Gordon, meanwhile, accused defense lawyers of trying to bog the case down.

“[They’ve tried to do] what has been done in the last three-and-a-half years: to conduct their trial defense through the extradition process,” she said.

But distractions aside, Christine Gordon again reiterated that the aims of the extradition hearing are very simple ones.

While the men might argue on technicalities the Judge does not have to decide whether Dotcom and his former colleagues are guilty of any offense.

Judge Dawson only has to decide whether there is a case for them to answer in the United States covered by the extradition agreement with New Zealand. The threshold for that is low, Gordon said, and attempts to distance copyright infringement with extraditable fraud offenses would not work.

“There are millions of people whose lives are prejudiced by this type of behavior,” she argued, noting that the defendants even used the word “fraud” when talking about their activities among themselves.

So, after more than four years of legal argument, counter argument, appeals and delays (and further surprises aside), the fate of Kim Dotcom and his three co-accused will lie in the hands of Judge Nevin Dawson later this week.

Kim Dotcom, Mathias Ortmann, Bram van der Kolk and Finn Batato all face extradition to the United States on charges of copyright infringement, money laundering and racketeering and together face decades in jail. The stakes could hardly be higher.
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Old 28-11-15, 17:06   #141
 
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Update re: Dotcom is Broke>Asks Hong Kong For Help +US Wants Kims Millions

Megaupload Programmer Already Freed From U.S. Prison

TF 28 NOV 2015

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


To date, much of their efforts have been focused on extraditing Kim Dotcom and his former colleagues from New Zealand to the United States but earlier this year it became apparent that they’d already snared an important piece of the puzzle.

Operating under key mega figure Matthias Ortmann, Andrus Nomm was a Megaupload programmer who reportedly earned a little over $3200 per month.

In common with his former colleagues, Nomm was cited in the Megaupload indictment, meaning that the FBI wanted the Estonian in the United States to face criminal charges. With few funds at his disposal to put a Dotcom-like fight, Nomm flew from the Netherlands and handed himself over to U.S. authorities after three years.

In February the 36-year-old was arrested and carried through with a deal he’d promised to cut with U.S. authorities. Just days later the Department of Justice announced that Nomm had pleaded guilty to criminal copyright infringement, and he was sentenced to 366 days in prison.

Dotcom slammed the development.

“An innocent coder pleads guilty after 3 years of DOJ abuse, with no end in sight, in order to move on with his life,” Dotcom said. “I have nothing but compassion and understanding for Andrus Nomm and I hope he will soon be reunited with his son.”

This week it appears Dotcom’s wishes came true. According to NZHerald, after serving just nine months in prison, Nomm’s name appeared on a list of prisoners due to be released this week.

However, the Estonian’s release will be bitter-sweet since according to the same report Nomm’s evidence is already being used against Dotcom and as recently as his just-concluded extradition hearing.

The details will not be made public until have Judge Nevin Dawson hands down his decision but it’s believed that Nomm has stated on the record that Dotcom and his former colleagues knowingly profited from copyright infringement.

Nevertheless, Dotcom still feels that Nomm pleaded guilty to a crime he didn’t commit.

“One year in jail was his way out. I don’t blame him. I can understand why Andrus did it. But it doesn’t change the fact that he is innocent,” Dotcom told the Herald.

Underlining his point, Dotcom points to a video recorded by Nomm just three months after the raid and uploaded to YouTube after Nomm signed the plea deal.

“Andrus made it clear in his documentary interview that he had done nothing wrong,” Dotcom said.

Although three years in limbo and a year in jail will have had a considerable impact on Nomm’s life, his deal with the U.S. now means that he can get on with his life. The same cannot be said of Dotcom and his former colleagues.

Nomm plead guilty to two counts of conspiracy to commit copyright infringement, charges that Dotcom and his former colleagues continue to deny. The U.S. also dropped the money laundering and racketeering charges against the Estonian – the same is unlikely to happen in Dotcom’s case. However, Nomm still has a “money judgment” of US$175m to contend with, a not inconsiderable amount that he will presumably never pay.

The conviction of Nomm is a considerable feather in the cap of U.S. authorities who indicate that Nomm has given them much more evidence than has been revealed thus far. Only time will tell how valuable that will prove.
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Old 03-12-15, 02:26   #142
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Default re: Dotcom is Broke>Asks Hong Kong For Help +US Wants Kims Millions

i have no idea if that guy is innocent or not but i'm glad he is going to be released. why do i have the feeling that he was coached into saying the fat guy was abusing copywrite? i of course have no proof of this nor do i plan on doing any searching for it either. it's just an opinion that's all. you know what's amazing that if you recall the dude who shot up the theatre nearly 4 years ago at the last batman film,

that dude's trial was done and over with before the fat guy and you'd think that one would take longer but it didn't. yes there was more evidence that it was him but going to trial can take a few years. and i just find that full of irony that's all that the fat guy's trial hasn't even begun yet. they are to busy trying to send him over the the US which he shouldn't even be sent to in the 1st place. he should go to trial where he lives now but than what the hell do i know?
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Old 04-12-15, 17:42   #143
 
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Update re: Dotcom To Be Extradited to US >Judge Rules +US Wants Kims Millions

Broke Again, Dotcom Asks Hong Kong Court For Millions

Posted: 4 Dec 2015 TF


In 2012, as Megaupload’s servers were being closed down in the U.S. and Dotcom’s New Zealand mansion was being raided by armed police, the entrepreneur’s offices in Hong Kong were being turned over by a reported 100 customs officers.

Under instruction from the U.S. government, HK$330 million (US$42.57m) in assets were seized and have remained restrained in Hong Kong ever since.

In April 2014, Megaupload launched legal action against the Hong Kong government, applying for the restraining order to be set aside while accusing the secretary for justice of procedural failings when the application for seizure was made.


In December 2014 came a breakthrough when a judge in the High Court set aside the restraining order. However, while an almost immediately lock was reapplied to Dotcom’s assets, a revised order granted Dotcom’s legal team the right to contest the asset freeze.

As part of that ongoing process, Dotcom’s lawyers were back in court this week asking for the release of large amounts of funds, the equivalent of US$2.3m to cover legal costs plus US$52,000 per month for his living expenses.

In keeping with argument presented at his recent extradition hearing in New Zealand, Dotcom’s legal team told the Hong Kong court that by restraining his funds and expecting him to mount a defense their client’s hands “were tied behind his back.”

SCMP reports that while Dotcom had a “world-class” legal team in the New Zealand hearing, he had no money left to pay them so had to use “junior lawyers.” Money had now run out in New Zealand, so the funds in Hong Kong were the next best option.

But just like last year when Hong Kong authorities were accused by Dotcom’s team of not making a “full disclosure” of the facts, this week the authorities sought to turn the tables.

Representing the government, prosecutor Wayne Walsh SC claimed Dotcom did the same after starting two new businesses and running transactions “worth hundreds of millions of dollars” through Hong Kong bank accounts. Dotcom was also criticized for not disclosing details of his living costs

Once a staunch supporter of Hong Kong, Dotcom now finds himself at the mercy of the country’s judges who to date have been much less flexible than their counterparts in New Zealand when it comes to releasing funds.

Back in May a New Zealand court released millions in funds to pay for Dotcom’s legal bills, plus $128K per month in living expenses.

A sizable $60K of that money was earmarked to pay the rent on Dotcom’s mansion, which has been reported to cost around $750,000 per annum under a lease signed in February 2013.

However, the terms of the agreement meant that Dotcom would ultimately have to buy the property or move out. It was reported in November that the entrepreneur would be moving to a waterfront penthouse apartment on “fashionable” Princes Wharf instead.

“It’s significantly more humble than what I am used to but that’s okay,” Dotcom said last month. “I am also not living with a partner any more, we have reduced our staff numbers significantly and this place feels a little bit big now.”

The hearing in Hong Kong continues.


Update:
The Court decided to match the amounts Kim Dotcom had been previously awarded in New Zealand, so he’ll get access to NZ$80,000 (HK$406,000 / US$52,400) per month for his living expenses from funds currently restrained in Hong Kong.
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Old 06-12-15, 07:58   #144
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Default re: Dotcom To Be Extradited to US >Judge Rules +US Wants Kims Millions

he needs that much money for living uh why exactly? the money for his lawyers that i do understand but does anyone need that much to live on? what the hell does he do with that per month anyways? the guy has countless cars he could easily sell if he needs money that bad. what 2 business? he did do another mega site but as far as i know that's the only one. it's not as good as the original site though. i rarely use it to be honest.
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Old 23-12-15, 18:43   #145
 
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Update re: Kim Dotcom Fights For Mega Millions in Court +Extradition>US

Kim Dotcom Can Be Extradited to the United States, Judge Rules

TF 23 Dec 2015



Following an extradition hearing lasting 10 weeks, today New Zealand District Court Judge Nevin Dawson ruled that Kim Dotcom and his colleagues can indeed be extradited to the United States to face criminal charges. Speaking with TF, Dotcom confirmed that an appeal to the High Court would go ahead.



After expending hundreds of hours of legal resources since the momentous raid on Megaupload in 2012, the U.S. authorities left no stone unturned in their efforts to have Kim Dotcom and colleagues Mathias Ortmann, Finn Batato and Bram van der Kolk extradited from New Zealand to face justice in the United States.

Those efforts culminated in an extradition hearing that began in September and was scheduled to last just four weeks. In the event the process lasted more than two and half months and was punctuated by several moments of drama.

At the end of the hearing in November, Judge Nevin Dawson retired to consider his decision and a few moments ago released his much anticipated ruling.

In a blow to the Megaupload founder and his former colleagues, Judge Dawson ruled that the quartet can indeed be sent to the United States to face charges of copyright infringement, conspiracy, money laundering and racketeering.

Judge Dawson did not determine guilt or otherwise but found that the US Department of Justice (DOJ) had presented enough evidence for New Zealand to grant a request from the the United States to extradite. Dawson said that Dotcom and his colleagues had not done enough to undermine the case.

However, while Judge Dawson has rendered his decision, that does not mark the end of the battle. Kim Dotcom said that whatever the outcome, win or lose, appeals from both sides were likely.

“The appeal route is High Court, Court of Appeal, Supreme Court. If I lose, [it goes to a] decision by Minister of Justice, then to a High Court judicial review of the Minister’s decision. [Then it’s the ] end of the road,” he said.

Ira Rothkin, head of Dotcom’s legal team, reiterated this on Twitter moments after the verdict was announced.


Quote:
Ira Rothken @rothken

We believe the dist ct was wrong. Today's decision rendered the NZ ISP criminal copyright safe harbor illusory. Justice was not served today
The @KimDotcom team looks forward to having the US request for extradition reviewed in the High Court.We have no other comments at this time
8:52 PM - 22 Dec 2015

In any event (and pending an appeal) the decision by Judge Dawson does not mean that Dotcom and his former colleagues will be forced to leave the country. That decision is left to Justice Minister Amy Adams who under New Zealand’s Extradition Act decides whether extraditions can go ahead.

In the meantime Dotcom, Mathias Ortmann, Finn Batato and Bram van der Kolk will continue to get bail, despite Judge Dawson noting that there was now a heightened flight risk. They must report twice a week to a police station.
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Old 27-12-15, 18:33   #146
 
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Update re: Kim Dotcom Fights For Mega Millions in Court +Extradition>US

Kim Dotcom Challenges U.S. Govt. in Christmas Address

Posted 27 December, 2015






Quote:

I thought this Christmas I would recount with you some of my experiences over the last four years to help bolster debate on what is an appropriate role for government in the Internet copyright policy debate between Hollywood and Internet technologies.

I continue to have hope that the New Year will bring freedom for my colleagues and me, hope to millions of others striving for fair and predictable rules governing the Internet, and wisdom to political leaders for making good decisions on whether and how armed police forces and government spies should be utilized in Internet copyright matters.


1. Raid and Seizure of Nearly Everything


It has been almost four years since helicopters and paramilitary police officers descended on my peaceful mansion in Coatesville, New Zealand.

As a personal birthday gift from the United States government, armed with automatic weapons, side harms, bullet-proof vests and attack dogs, they pulled my pregnant wife, infant children, staff and friends out into the cold morning air to make a Hollywood spectacle of an arrest that could have been executed with a simple knock on my door.

So began my first-hand education in the high-stakes game of international copyright law, extradition treaties, global politics and the power Hollywood wields through the U.S. government.

Just after the raid my attorney, Ira Rothken, aptly stated that the government was acting like a “copyright extremist” by taking down one of the world’s largest cloud storage services “without any notice or chance for Megaupload to be heard in a court of law.” The result is both “offensive to the rights of Megaupload but also to the rights of millions of consumers worldwide” who stored personal data with the service.

​That same day, the U.S. government enlisted authorities in Hong Kong, Germany, New Zealand, the Philippines, Canada and the Netherlands to seize every asset imaginable, from bank accounts to computer servers, from cars to mobile phones. I, of course, watched from a jail cell – guilty until proven innocent. It would take about a month and a ton of legal wrangling before the court released me on bail.


2. Dubious Legal Theories/Lessig


Over the course of these years, I have learned with ever greater conviction what I knew in my gut just had to be true – Megaupload and my colleagues and I should not be prosecuted for criminal copyright infringement operating a cloud storage site.

The powerful opinion from Harvard Law Professor Lawrence Lessig, a leading if not the leading Internet Copyright authority in the U.S. (and the World), completely dismantled the core of the United States case. Professor Lessig revealed the complete lack of a criminal statute for secondary copyright infringement. He summarized his thirty-seven page dissection (pdf) of the United States case at the start:


“It is my opinion that the Superseding Indictment and Record of the Case filed by the United States Department of Justice (‘DOJ’) do not meet the requirements necessary to support a prima facie case that would be recognized by United States federal law and subject to the extradition treaties between New Zealand and the United States. On the whole, the filings are not reliable.”



The fallacy of the case against us was clearly articulated to the world. I felt a sense of validation of my integrity, while at the same time the pain of the grim reality taught by the preceding years, that right does not necessarily beat might.

Assuming the Government disagrees with Professor Lessig how can a non lawyer like me be held criminally liable or have what is known as criminal mens rea when even leading legal scholars disagree on what the criminal law is in a case of first impression? Professor Lessig knows that pain, living the memory of his friend Aaron Swartz, and I am forever grateful for his providing his opinion for no compensation, no doubt at least in part in his honor.


3. Complete Shutdown of Megaupload/Consumer Access


​One of the most painful and angering aspects of this whole prosecution, arrest and seizure is not their impact on me, which has been devastating, but on the wholesale shutdown of Megupload globally, the loss of hundreds of jobs, and the severing of consumers and businesses from their own data, rightfully stored on Megaupload and lawfully shared with friends, family, colleagues and collaborators. Just two examples are those of, Michael Weinberg, a staff attorney at the rights watchdog Public Knowledge, who remarked:


“As luck would have it, over the weekend I used my home laptop to pull down the stream of the House Judiciary Committee [Stop Online Piracy Act] markup. I wanted to transfer it here to work so that I could cut it up into a video we were using. I uploaded it, but before I had a chance to download it Megaupload was shut down. I can’t speak for everything happening on the site, but Megaupload was providing me a completely legitimate service for a completely legitimate end.”


And Kyle Goodwin, who has fought, with the aid of the Electronic Frontier Foundation, to get the U.S. government to let him have his data. Mr. Goodwin used Megaupload to run a business making children’s sports videos for parents. His counsel articulated the U.S. government’s disregard for the rights of legitimate users:


“In no area of commercial or personal activity is the government allowed to seize property without taking reasonable measures to avoid unnecessary harm and loss of commercial value. That should be no less true when the property is information.

“Thus, if the government is going to get into the business of seizing Internet properties used to host a wide range of content — infringing and not — it must implement procedures and standards for protecting the property and due process rights of innocents such as Mr. Goodwin who use those services for legitimate purposes. Since the government seems uninterested in developing those processes and standards itself, this case should serve as a starting point for the judiciary to do so.”



4. Misleading basis for Shutdown (39 Files etc.)


One of the most upsetting abuses we learned was how the U.S. prosecution team mischaracterized facts and omitted exculpatory evidence from its applications for warrants to seize Megaupload’s domain names. My legal team outlined this in their Federal Court submissions.

In summary Megaupload was cooperating with a U.S. government investigation and search warrant into alleged infringement by a third-party user of the service. Megaupload at the request of the DOJ left intact certain files identified to it by the government, in order to preserve the status quo and the integrity of the FBI’s investigation. Subsequently, in its applications to seize the company’s domain names, the government would tell the federal court that the company had been told about those infringing files or movies, but had failed to take them down, omitting the fact that Megaupload did so in order to cooperate with the ongoing government request and investigation.

The prosecution’s selective omission flipped the import of the facts on their head, turning government cooperation into erroneous criminal intent. Moreover, the government’s twisted characterization was the core direct evidence of intent it offered to the court in support of its applications. According to my lawyer’s submissions had the exculpatory evidence been included in the applications, it seems likely that the warrants could not have issued.

It is difficult to imagine a more abusive tactic. The domain orders were requested from a federal magistrate judge on an ex parte basis; no one was in court to correct the prosecution’s story or to explain why the seizure orders should not be issued. If the U.S. government decided to act properly, to be forthright, not to omit key facts selectively to suit its purpose, the warrant may not have been issued and Megaupload would still be in business. Now it is too late; the company became extinct the moment its domain names were seized. The question keeps coming to mind, who are the real, “pirates”?


5. Destruction of Data


I find it astonishing that the U.S. government was able to seize all our data and funds and kill our company, then take no responsibility for preserving the data belonging to innocent users and important evidence for prosecuting and defending a criminal copyright case.

The Megaupload servers in Virginia alone contained about 25 petabytes of data, yet the government allowed those to be taken offline for lack of funding. Moreover, the U.S. government initially was content to let the data on the servers be destroyed, and although that has not occurred, the equipment has been gathering dust for many years and is in danger of deteriorating.

As I write this it seems likely that the DOJ permitted the destruction data on the Megaupload servers in the Netherlands. The U.S. government will not agree to release a single penny of Megaupload funds to allow for consumers to get access to their data, or to preserve the evidence, or even to mount a legal defense in the United States.


6. Illegal Spying


While it is now public knowledge, when we discovered the truth we were stunned that a New Zealand government intelligence arm was persuaded to illegally spy on me. Those due process abuses were eventually brought to light in court proceedings, forcing New Zealand’s Prime Minister to issue a public apology.

Even though they admitted the facts of their misconduct, the damage was done not only to me but to the integrity of our democracy as a whole.


7. Illegally removing data from NZ

Several years ago, the New Zealand court determined that the U.S. government had transferred hard drive data belonging to my colleagues and me out of New Zealand in violation of New Zealand law.

Years later, the U.S. authorities have refused to return the data, despite the fact that they were acquired illegally and in violation of my privacy rights, and notwithstanding their importance to any defense against the criminal charges. The United States has availed themselves of the New Zealand courts to try to extradite me but they refuse to follow that same court’s orders.


8. Interference on access to own evidence


​One further frustrating aspect of trying to put together a complete defense over the past four years has been the New Zealand government’s refusal to return our own computers and data that were seized on the day of the raid. 1000 days later and not until the virtual eve of the extradition hearing, that began in late September, 2015, were materials reluctantly returned. Having succeeded in their effort to make us fight with our hands behind our backs, the government acted as though there was no harm done.


9. Starve out strategy while presumed innocent/Blocking Payment to US Experts and Lawyers

​I have learned at least one good lesson. I learned that the judicial system of a small nation such as New Zealand can stand tall for the rights of the accused and give real meaning to the term “innocent until proven guilty.” While the extradition process has been in motion, I have at least been allowed access to my money to live and defend myself by the New Zealand courts.

But again the United States refused to honor or give comity to the New Zealand court orders resulting in our inability to use such unfrozen funds to pay anyone who is a US citizen such as US lawyers and expert witnesses to assist at the extradition hearing. I was fortunate to have my US lawyer Ira Rothken generously assist and work with Professor Lessig for no payment but we were unable to retain numerous technical and other experts to testify.


10. Fugitive Disentitlement while lawfully opposing extradition


The U.S. DOJ doubled-down on its starve-out strategy in 2014 with the filing of a civil forfeiture action against the seized assets and the application of the “fugitive disentitlement doctrine.”

Civil forfeiture allows the U.S. DOJ to go after assets it alleges are the proceeds of a crime. Claimants are able to file claims and oppose the action – that is, UNLESS they are “FUGITIVES.” Despite never residing in or even visiting the United States, the U.S. DOJ asserted and the U.S. District Court agreed that I was a fugitive, because I could voluntarily surrender to the United States, travel in chains and be locked in a cell pending a trial in Alexandria, Virginia.

Since I was unwilling to do so without an agreement on living conditions and access to funds, which the U.S. DOJ would not hear of, I was not allowed to oppose the civil forfeiture and, by default judgment, the U.S. District Court ordered all our previously seized assets to be completely forfeited to the United States.

Fortunately, even though the United States opposed release of my funds held in New Zealand and Hong Kong, the courts in those countries demonstrated a greater respect to natural justice.

Orders by the courts in both those countries have released restrained or so called “forfeited” funds for living and legal expenses, enabling me to at least pay for my New Zealand counsel.

The U.S. strategy was not without impact, though, as in the eyes of the United States, all our forfeited assets now belong to the United States. While funds have been released by New Zealand and Hong Kong to challenge extradition, I am not able to use those funds for anyone but New Zealand counsel. This has deprived me of critical tools (including evidence stored on servers, payments to US counsel, and payments to legal, technical and industry expert witnesses) to defend an extradition proceeding of this magnitude and complexity.

I hope the U.S. 4th Circuit Court of Appeals will reverse the “fugitive disentitlement” ruling, we will prevail in the civil forfeiture case and we will have access to our funds. Otherwise, if we are extradited, I will be penniless upon arrival in the United States.

If the criminal prosecution goes to trial, defending it will be at an extraordinary cost. A huge amount will be needed for e-discovery, likely in the millions of dollars. Further legal and expert fees will be at a level far beyond expenditure to date in New Zealand, which has been in the tens of millions.

With no funds, I would be left reliant on the Public Defender. That office is in no position or expertise to defend a copyright case of this magnitude – the “largest criminal copyright case in history.”


11. Duty of Candor Violations/92B/Erroneous Use of Simple Fraud Theory


​As I understand it, the U.S. government is supposed to present its extradition requests to New Zealand with a “Duty of Candor.” Looking back on how the initial seizure warrants were obtained, one might doubt that “Candor” was a high priority.

Not surprisingly, close scrutiny of basic evidence in the Record of the Case (“ROC”) revealed a failure of that duty. For example, evidence was misrepresented and simple quotations of emails and Skype message were cherry-picked, taken out of context or even improperly translated to paint an intended adversarial picture, rather than present candid facts. US translations of German communications are demonstrably inaccurate and self-serving.

For example, the US mistranslates a quote to imply something more sinister than actually stated. The US translation of a phrase is presented as, “at some point a judge will be convinced about how evil we are and then we’re in trouble.” Three independent translators, however, have translated the phrase as, “Because at some stage a judge will be talked into how bad we allegedly are and then it will be a mess.”

In another quote, the US translation, “since the special people uploaded and promoted more” implies a sinister scheme with others, when, in fact, the independent translation was merely that, “People have uploaded and promoted more since the special.”

For all such translations, the US has not made available the original text. Moreover, the US has not made available surrounding context which informs tenor of communications relied upon, including both German translations and English communications.

The legal arguments presented by our legal team reveal the failure of the duty of candor. A particularly interesting one is that fact the New Zealand Copyright Act contains a section 92B, which creates a safe harbor for a cloud storage ISP from criminal copyright liability arising out of user site usage. The statute overtly provides for a criminal safe harbor.

From a logic perspective my lawyer’s submissions argued that we shouldn’t have to even disprove criminal liability to avail ourselves of the criminal safe harbor otherwise the safe harbor would be rendered meaningless.

Not to be blindsided and ever creative, the U.S., ably represented by New Zealand’s Crown Law, came up with a new twist – instead of seeking extradition for copyright infringement, they decided to call it “fraud.” Never mind that the U.S. indictment did not allege fraud (for good reason, since according to our submissions US case law clearly said that copyright preempts fraud).

This argument by the U.S. ultimately revealed that the prosecution would go to any lengths, create any argument, misstate any fact, to win their case. Justice and fairness been tossed out long ago, at least before the start of 2012.


12. It’s political


If you have read all of the above you may wonder why the US Government is acting so badly. This case is a political thriller authored and produced by the MPAA and its Senator for hire Chris Dodd. His lobbying, calling in favors and close relationships within the White House made this unprecedented abuse of power possible. If you are intrigued to learn more you may want to read my whitepaper (pdf)

Now, the next phase of this saga is in the hands of New Zealand District Judge Dawson. Having patiently listened to submissions and testimony for two months, he must wade through the sea of novel arguments to determine if I and my fellow Megaupload associates should be extradited to the United States to fight the first of its kind criminal prosecution for secondary copyright infringement.

Merry Christmas and a Happy New Year to all of you.

Kim Dotcom



Update: On Wednesday, Judge Dawson determined that Kim Dotcom and his former Megaupload associates are eligible for extradition to the United States.


NB; Dont forget folks... The US Broke Copyright Laws FIRST:

US Broke Copyright Rules FIRST Yrs AGO >History & Facts
.
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Old 26-03-16, 15:34   #147
 
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Update re: Kim Dotcom Wants Extradition Live-Streamed>US Does Not +Fight For Mega Millions

Kim Dotcom Fights For Mega Millions in US Appeals Court

TFreak, 26 Mar 2016

Following the 2012 raid on Megaupload and Kim Dotcom, U.S. and New Zealand authorities seized millions of dollars in cash and other property.

Claiming the assets were obtained through copyright and money laundering crimes, the U.S. government launched a separate civil action in which it asked the court to forfeit the bank accounts, cars and other seized possessions of the Megaupload defendants.

The U.S. branded Dotcom and his colleagues as “fugitives” and won their case last summer. However, Megaupload’s legal team soon appealed the verdict and defended its position in the Fourth Circuit appeals court this week.

During the hearing Megaupload Appellate Counsel Michael Elkin pointed out that it was wrong to rely on the ‘fugitive disentitlement‘ doctrine, as Dotcom and his former colleagues were merely exercising their legal right to defend themselves.

Ira Rothken, Kim Dotcom’s Lead Global Counsel, informs TorrentFreak that the District Court’s decision denied defendants’ basic rights and violated due process.

“We asked the Fourth Circuit to rule in favor of fairness, natural justice, and due process by stopping US efforts to take Kim Dotcom’s global assets for doing nothing more than lawfully opposing extradition to the United States—a country he has never been to,” Rothken says.

Rothken believes that the U.S. Department of Justice (DOJ) wrongfully labeled the Megaupload defendants as fugitives and hopes the appeals court will undo the verdict.

“The DOJ in our view is trying to abuse the Fugitive Disentitlement Doctrine by modifying it into an offensive weapon of asset forfeiture to punish those who fight extradition under lawful treaties, and a provocation for international discord.”

“Today we asked the Court of Appeals for justice,” Rothken adds.

Megaupload’s defense is not alone in this assessment having previously received support from a group of prominent legal experts.

The Cato Institute, the National Association of Criminal Defense Lawyers and the Institute for Justice previously submitted an independent brief in support of Megaupload, describing the assets grab as a dangerous violation of due process rights

“Stripping the claimants of their due process rights isn’t just unconstitutional, it’s dangerous. There’s a growing literature on the abuse of civil forfeiture and those abuses are directly tied to the protections given to the claimants here, as well as the ability of government officials to directly benefit from forfeitures,” they wrote.

The crux of the appeal is whether or not the District Court’s order to forfeit an estimated $67 million in assets was right. According to the Government it was, as the defendants’ due process rights were not violated.

During this week’s hearing Assistant U.S. attorney Jay Prabhu denied any wrongdoing. According to the Government, Kim Dotcom and his colleagues were properly labeled as fugitives. The U.S. feared that Dotcom would get his money back if no action was taken and filed the civil case “as a last resort“.

The case now lies in the hands of the Fourth Circuit appeals court. Their decision will be crucial for the criminal trial, but the Hong Kong and New Zealand courts also have to weigh in on the verdict, as many of the contested assets are located there.

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Old 29-03-16, 02:53   #148
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Default re: Kim Dotcom Wants Extradition Live-Streamed>US Does Not +Fight For Mega Millions

i never did get why they were labeled that, yes it explains why on here, but there are so many of them out there that i think are fugitives that i don't think it's the same area of this fat guy. i wonder how long it's going to be until this is all over.

it's been so long i think the i think twins his wife had well if they are still married that is, those kids are prolly almost 5 years old by now. i'm just guessing of course.
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Old 05-08-16, 02:36   #149
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Default re: Kim Dotcom Wants Extradition Live-Streamed>US Does Not +Fight For Mega Millions

i do have an update but let me 1st add that i didn't read this in an article so i have on link or else i'd post that here. i was talking to a friend of mine in a PC. that's damn near the same thing if you have Xenefro which i prolly did spell that wrong again? anyways he told me that this using my words fat guy is off the hook cause the US was able to get anything on him since they did a LOT of stuff not legal.

so he's off the hook apparently. now they have a new toy to use my words that dude who owns Kickass Torrents apparently and though that dude is even dumber than the fat guy if that is possible?

that dude did a LOT of stuff really stupid so it no doubt is possible they will no doubt make him the poster boy they wanted to make the fat guy but failed to do so and will no doubt get this idiot because unlike Fat guy his servers weren't in the US nor was he, this idiot had servers from what i'm told in the US. and he used face book as well. what an idiot among other stupid ass things too that i can't remember.

i haven't seen anywhere that the fat guy is off online but than i haven't really done any searching either. so there is an update i just wasn't directed towards a link so i can post it on here sorry about that.
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Old 26-08-16, 15:54   #150
 
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Update re: Kim Dotcom Wants Extradition Live-Streamed>US Does Not +Fight For Mega Millions

Dotcom Wants Extradition Hearing Live-Streamed, U.S. Does Not

TFreak. Posted: 26 Aug 2016






Earlier this month, Kim Dotcom experienced a setback when the 4th Circuit Court of Appeals *** rejected *** his efforts to regain control over millions of dollars in assets seized by the US Government. Branding the Megaupload founder a fugitive, the Court effectively denied Dotcom the ability to properly defend himself, should he be extradited to the United States from New Zealand.

Together with his former Megaupload colleagues Mathias Ortmann, Bram van der Kolk and Finn Batato, Dotcom was found eligible for extradition to the United States last December. His appeal will take place at the High Court in Auckland this month and Dotcom wants the whole world to see.
Because of global interest in my case we have asked the High Court to allow live-streaming of my 6 weeks of copyright extradition hearings.
— Kim Dotcom (@KimDotcom) *** August 23, 2016 ***

While many jurisdictions internationally will not grant permission for a live video or audio feed to be transmitted from a courtroom, in New Zealand the proposition is not out of the question.
All courts nationwide allow cameras and the recording of proceedings, as long as there are no serious privacy breaches, compromising of witnesses, or risks to the right to a fair trial.

Just recently the Chief Justice requested a report from a panel of judges on guidelines relating to recording in court. The report, *** (pdf) , found that 93% of District and High Court Judges had not experienced an instance where recording in court had resulted in a fair trial issue arising.

While the panel’s recommendations were accepted by the Chief Justice, live-streaming of court proceedings did not receive widespread support among submissions from judges. However, upon successful application and in important cases such as Dotcom’s, such transmissions can go ahead.

“Live-streaming may be an available option, particularly if there are fixed cameras in court. Live streaming will remain an option in certain major cases, and would be considered if an application is made,” the Judges’ recommendations read.

While it’s possible that Dotcom’s application will be accepted, no feed coming out of the High Court would be truly live. All transmissions would be subjected to a 10-minute delay to protect all parties involved in proceedings.

“A meaningful check on actual publication gives Judges and counsel the opportunity to consider evidence as it is adduced, and decide on whether suppression is appropriate in a measured way,” the Judges note.
“We are aware of numerous instances when that delay has been critical
to give a Judge time to stop an otherwise potentially disastrous publication. A short delay is a small price to pay for in-court coverage.”
But while Dotcom and his legal team are clearly in favor of having the six-week hearing transmitted (almost) live, the U.S. Government is reportedly pulling in the opposite direction. Dotcom reports that his application has already received objections from lawyers in the United States.
The U.S. Government has asked the New Zealand High Court not to allow live-streaming of my global interest copyright hearing. Worried? :-)
— Kim Dotcom (@KimDotcom) *** August 24, 2016

At the time of publication, Dotcom hadn’t responded to our request for comment so the grounds for the US Government’s objection aren’t yet clear. However, the media circuses surrounding the televised trials of both O.J Simpson and Michael Jackson are still within recent memory and under huge scrutiny neither went well for the prosecution.

Whether live-streaming is granted or not, Dotcom won’t be giving up the fight, even if his extradition appeal fails. The entrepreneur has already stated that he’ll take his case all the way to the Supreme Court if necessary.
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