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wildhoney66 · 27-08-16, 23:10

i don't think it should be live streamed at all. i won't spend anytime watching it because why? court cases are boring as hell to watch Seriously. i belong to the Dallas website one of them anyways and we were talking about on the show a couple years back how poorly written the court scenes in the show were. and i said same i said here they are boring to watch but on tv they make it look fun to watch.

and a poster who said he's a lawyer agreed with me. so i never will understand why people like watching that stuff. or is this just me? i love Court shows like The Practice, Law & Order The Good Wife but the real stuff is a snooze fest all the way.

Ladybbird · 05-09-16, 06:43

Quote:

Originally Posted by wildhoney66

i don't think it should be live streamed at all. i won't spend anytime watching it because why? court cases are boring as hell to watch Seriously. i belong to the Dallas website one of them anyways and we were talking about on the show a couple years back how poorly written the court scenes in the show were. and i said same i said here they are boring to watch but on tv they make it look fun to watch.
and a poster who said he's a lawyer agreed with me. so i never will understand why people like watching that stuff. or is this just me? i love Court shows like The Practice, Law & Order The Good Wife but the real stuff is a snooze fest all the way.

I don't make the news wildhoney66, I just report it on here....

However I just have 1 ? for you and your friends and their comments...

If you all dont watch news items such as this,,, how the heck do you all know/comment about what is going on??

Thanks for all your posts wildhoney66, they often make me smile and ponder...........sometimes....

wildhoney66 · 06-09-16, 00:05

i love watching stuff with court in it. such as The Practice, Ally McBeal when it was on because i love David E. Kelly. and it's a cheesy show sure but i like it anyways, the good wife and JAG among others, that stuff is fun as hell to watch and entertaining. in 8th grade i think it was? or 7th one of them anyways we went on a field Trip to the courthouse and met the mayor i forget which one or where it was funny enough. but he knew my grandfather and he was a nice guy actually.

at least to us and to me. anyways it was a couple of years after he had died and it was nice to hear stuff about him. anyways we sat in court watching it and none of the stuff was murder or anything like that. there were 2 or 3 cases we watched and one of them was about a car accident i think and it bored the living daylights out of me.

i'm grateful that i went don't get me wrong i'd rather go on a field trip in school than end up being the one stuck up on there for whatever reason. or even as just a witness, anyways, on how i end up finding out some news i listen to my podcast WTF and it tells me what's going on in the world, plus online the name of a stories the titles do catch my eye and i read about it, or if they are talking about it at work i do ask what they are talking about sometimes.

because i don't watch the news as it also bores me.but when the news is about some stupid dog that got hit by a car or something useless as something stupid like some celeb has herpes or something that stuff isn't important to me. for one because i'm not an animal person. i'm not saying i hate them i don't.

but hearing about strangers pets on the news just doesn't interest me. having said that when it comes of Fat Guy.com i have been paying or trying to pay attention to what's been going on with him because for one he may help piracy or hurt it. and i'd like to know what the verdict is.

however i remember when O.J. Simpson was on the news well his trial anyways, and you could NOT get away from it. no matter where you went, and i tried watching a little bit of that and i was quickly bored out of my mind. but than i also didn't care what happend to him anyways so that's also a reason why i prolly tuned out.

if fat guy's verdict is posted online and no doubt it will be i'll read about it. but just to much crap goes on in this world to keep up with it all. even if you leave politics out of the equation it's still too much to keep up with.

some things have to interest me to keep me wanting to know what happens next. like Bill Cosby who if he is guilty should go to jail. but i've been a huge fan of his pretty much all my life and regardless if he is found guilty or not i can separate the talent from the man. to use him as an example

Ladybbird · 06-09-16, 19:58

N.Z. JUDGE Allows Kim Dotcom’s Extradition Case To Be Live-Streamed...
Dotcom's Battle to Avoid US Trial Goes Live.....

The Guardian UK, 5 September 2016

It Will Be on YouTube Sometime Soon > IF The US Doesn't BLOCK IT.!...

Megaupload founder Kim Dotcom leaves with his girlfriend Elizabeth Donelly following his extradition appeal at the High Court in Auckland, on August 29, 2016 (AFP Photo/Kate Dwek)

Live streaming equipment is installed in Court;

The protracted battle to have Megaupload founder Kim Dotcom face video piracy charges in the United States broke new ground on Wednesday with live-streaming of his appeal against extradition.

Dotcom won approval to live-stream his bid to avoid leaving New Zealand after successfully arguing that global interest required more than standard brief television clips.

The case, in the Auckland High Court, is expected to last six to eight weeks and while the verdict in at least one previous New Zealand trial has been broadcast live, this is the first time a hearing has been live-streamed in full.

"Show me a short video or picture of how you are watching the live stream right now. Here's mine," Dotcom tweeted during the lunch adjournment with a photo of himself watching his lawyers on TV.

Judge Murray Gilbert ruled the case could only be streamed with a 20-minute delay, to allow the court time to prevent any restricted material from being published, and all footage was to be removed from the internet when the hearing ends.

Dotcom, a German national with permanent residency in New Zealand, faces decades in jail if convicted in the United States of piracy, which US authorities say cost copyright owners hundreds of millions of dollars.

He was first arrested nearly five years ago during a police raid on his mansion near Auckland after the FBI shut down Megaupload's servers.

After several legal battles, a court ruled in December last year there was "overwhelming" evidence to support extradition of the 42-year-old and three other Megaupload founders.

However, the case could rumble on for several more years with Dotcom vowing to continue legal challenges if he loses this appeal.

The prosecution has argued that Megaupload wilfully breached copyright by hosting illegally created movie, music and software files.

Dotcom claimed Megaupload was a genuine file-sharing site that did its best to police copyright infringement but had 50 million daily users and could not control every aspect of their activity.

Dotcom has denied any wrongdoing and accused US authorities of pursuing a vendetta against him on behalf of politically influential Hollywood studios.

The FBI alleges Megaupload netted more than US$175 million in criminal proceeds and cost copyright owners more than US$500 million by offering pirated content.
END

+ WATCH HIS INTERVIEW with the BBC within this video;

The Man Behind Megaupload;

wildhoney66 · 08-09-16, 19:46

what is a good looking woman like that doing with well HIM? he does look like he's lost some weight though or am i wrong?

Ladybbird · 10-09-16, 07:35

Quote:

Originally Posted by wildhoney66

what is a good looking woman like that doing with well HIM? he does look like he's lost some weight though or am i wrong?

Work it out.. Divorce wife >> transfer ASSETs to her.. etc..etc..

Kim Dotcom was born in GERMANY many years ago...His first name was Michael....

He researched and found the safest country he could live in would be NEW ZEALAND... He changed his name to KimDotcom.

Although I do not support him in any way.. The US is WRONG.

There is no legal law in the US to support a prosecution against the C&P storage facility that MEGA GROUP offered..

I just hope China will release more of his millions of $$$ to fight the US & get the rest of his millions to stop this crazyiness..

wildhoney66 · 11-09-16, 04:02

well to a certain point he is a smart guy, but than he i think went overboard with his stunts back when megaupload was around and when he did that song a few years back and had actual artists support his site by singing the stupid song that pissed a LOT of people off and that i think is what broke the camel's back as the saying goes.

if he does get off and i hope he does, not because i like the guy or care if he looses all his money by paying his lawyer's bills and so forth. the US is i agree wrong but you know them they want to prove to the world that piracy is wrong and so forth.

and the only thing that bothers me is when i put in a dvd i buy and it says that piracy is hurting the enviroment sorry for my crap spelling, and i ask WTF? how is the hell is it hurting it?

cutting down trees to build resorts for rich people to play golf is hurting the planet NOT someone downloading a film from 50 years ago or even 100 years ago.

there is a LOT of movies that get made per year and it's not just the majors do that make them either. leaving out Porn which also can be included too i'm sure. movies can bring in a LOT of money if it's a good product and than people who get curious to see this film or that film can download it 1st and love it and than pay and see it. than they will no doubt buy it on whatever format it's on after it hits video or hell VOD.

also did you hear about the kickass torrents guy? how he's been busted oh a couple weeks ago, the guy i think will be their escape goat if the fat guy wins because this idiot has servers in the US so they have juridistion sorry for my bad spelling.

i dunno if you posted about it on here but check it out. and it's amazing how stupid that guy is. anyways, i had thought the fat guy won and it was over with i had heard he won, but i think he did win something i forget what but his case isn't over yet apparently i didn't think it had happened when i had heard that he won. i wonder if it will get changed again? cause it was suppose to happen in what Jan. than June etc.. you get the idea i'm sure

Ladybbird · 27-09-16, 14:24

Dotcom Petitions Appeals Court For Rehearing Over Seized Millions

Posted: 27 Sep 2016. TF

As Megaupload was being shutdown in 2012, authorities in the United States, New Zealand and Hong Kong swooped on millions of dollars in cash and other property.

The US government said that these considerable assets were the product of copyright infringement and money laundering. As a result, sweeping steps were taken to take control of bank accounts and other property belonging to the defendants in the so-called Mega Conspiracy.

After meeting with stiff opposition when attempting to extradite Dotcom and his co-defendants, the US Government branded them fugitives from justice and subsequently won a legal battle to seize their millions.

Soon after, Megaupload’s legal team filed an appeal with the Fourth Circuit Court of Appeals. However, that ended in disappointment last month when a three-judge panel at the Fourth Circuit handed down a two to one decision against Dotcom.

The Fourth Circuit upheld the decision of the lower court, dismissing the argument that the seizure order against Dotcom’s assets had no jurisdiction and finding that as a fugitive, the Megaupload founder had no standing to reclaim his assets. With more than $67m at stake, that was a particularly big deal.

At the time, Dotcom vowed to fight back and yesterday the first stage of that process began. Headed by Ira Rothken, Dotcom’s US legal defense announced that they had filed a Petition to the Fourth Circuit Court of Appeals for a rehearing and rehearing en banc on the issues of forfeiture and fugitive disentitlement.

“Petitioners seek en banc review of a 2-1 ruling that conflicts with the precedents of this Court, the Supreme Court, and other circuits on issues of importance to the scope of federal jurisdiction over foreign property and civil forfeiture law,” the filing begins (pdf).

The petition goes on to highlight the gravity of the matter – the largest criminal copyright case in U.S. history – and notes that the US government acted aggressively by seizing property first and then relying on the doctrine of “fugitive disentitlement” to achieve forfeiture without having a trial on the merits.
Noting that the decision of the Fourth Circuit panel was not unanimous (Judge Floyd dissented), Dotcom’s team says that the ruling conflicts with precedents of both the Fourth Circuit and the Supreme Court.

Under this Court’s precedent, ‘only if the court has exclusive custody and control over the property does it have jurisdiction over the property so as to be able to adjudicate rights in it that are binding against the world,” the petition reads.

Noting that the property in question is controlled by foreign courts that are not compelled to comply with a U.S. forfeiture order, the petition describes the ruling as both a “hypothetical judgment” and an “unconstitutional advisory opinion.”
“En banc review is needed to ensure uniformity in this Court’s decisions, and to avoid a conflict with Supreme Court precedent,” it adds.

Finally, the petition underlines the claims Dotcom has been making from the beginning, that the US Government is abusing its powers in order to gain unfair advantage over citizens of foreign countries that have never set foot on US soil.

“By stacking allegations of fugitive status on top of allegations of forfeitability, the government can obtain an unprecedented, roving worldwide license to indict foreign citizens who have never lived or worked in the United States and forfeit their foreign property — all without proving any wrongdoing or having control over the property,” it warns. “Review is warranted.”

Whether a rehearing will be granted remains to be seen but Dotcom says he intends to take his case all the way to the Supreme Court if necessary.

wildhoney66 · 03-10-16, 23:16

i understand he wants his money back, and frankly i can't say i blame him for that. but why doesn't he wait until his hearing is over and see if he wins?

Ladybbird · 21-10-16, 10:41

Megaupload User Fears Complete Data Loss, Asks Court For Help

Posted TF: 20 Oct 2016

In the wake of Megaupload’s shutdown nearly five years ago, many of the site’s users complained that their personal files had been lost as collateral damage.

One of these users is Kyle Goodwin, who operates a sports video company in Ohio. He used Megaupload as part of his business, storing large videos he created himself.

After Megaupload’s servers were raided Mr. Goodwin could no longer access the files. In an effort to remedy this, he asked the court to help him and others to retrieve their personal property.

Helped by the Electronic Frontier Foundation (EFF) and Stanford’s Hoover Institution, Mr. Goodwin filed over half a dozen requests asking the court to find a workable solution for the return of his data. Thus far, however, this has been without success.

This week, his legal team once again raised the issue before the Virginia District Court, pointing out that the government’s actions are still being felt today.

“As a result of the government’s actions, Mr. Goodwin and many other former Megaupload users lost access to their valuable data, and that data remains inaccessible today,” Goodwin’s legal team writes (pdf).

The files were originally stored by Carpathia Hosting, which was later taken over by QTS Realty Trust. Although the backups are still in place, QTS informed the court last year that this may not last for long.

At the time QTS noted that “there is a high likelihood that the disk drives, on which the data presumably reside, will experience high failure rates.”

Meanwhile, the parties involved including the Government, Megaupload and copyright holders, have yet to find a mutually agreeable solution for the data retrieval. Similarly, the court has yet to rule on Mr. Goodwin’s motion asking for the return of his property, which he filed in 2012.

“Mr. Goodwin’s motion remains pending. Further delay may mean the complete loss of Mr. Goodwin’s valuable property and that of other former Megaupload users,” his lawyers write.

Hoping to finally make a breakthrough while the data still exists, Mr. Goodwin is now asking the court to rule on his pending motion for return of his property as soon as possible.

Megaupload counsel Ira Rothken hopes that the court will hold the Government responsible for their actions and that it will help to reunite former users with their data.

“Megaupload looks forward to having the court determine whether or not the U.S. acted appropriately by turning off all consumer access to their data stored in the cloud,” Rothken tells TF in a comment.

“The Department of Justice should avoid elevating Hollywood interests over consumer interests and do the right thing for consumers like Kyle Goodwin who wants access to youth soccer videos he stored in the Megaupload cloud,” he adds.

The sports videographer is not the only one waiting to be reunited with his files. Many others are in the same position. Just a few weeks ago a former Megaupload user contacted TorrentFreak in desperation, hoping to recover a personal photo that is very dear to him.

Whether the court can help to make this happen has yet to be seen. The lack of progress over the past several years doesn’t encourage optimism.

wildhoney66 · 31-10-16, 02:14

well i hope the guy gets his data back. like you posted on here, it's suppose to open back up in Jan. and the users are suppose to get their data back than, no doubt he heard about this i'm sure. but i can't say that i blame the guy for wanting it sooner

Ladybbird · 21-01-17, 18:08

Megaupload 2.0 News Delayed By ‘Expected’ Roadblock

Posted: 21 Jan 2017, TFreak

In January 2012, New Zealand Police carried out the largest action ever against individuals accused of copyright infringement.

The raid on Kim Dotcom’s Coatesville mansion was carried out on behalf of United States authorities, who are still trying to extradite him and several of his former colleagues.

Meanwhile, Dotcom hasn’t been sitting still. Today, exactly five years after the raid on his house and the destruction of the original Megaupload, the entrepreneur planned to announce fresh details on a new and improved version, Megaupload 2.0.

Dotcom, who is not officially part of the venture but acts as its chief “evangelist,” informed us a few months ago that the launch was delayed but that more information would come out today.

“It is unlikely that we can make a full January 20th launch happen. The fund-raising was delayed and the legal team needed more time for the new setup. But we will reveal more details about Megaupload 2 and Bitcache on that special day,” Dotcom said at the time.

Those who followed Dotcom’s Twitter updates were indeed promised some “big news,” but at the end of the day things turned out quite differently. The announcement had to be delayed due to an “expected” roadblock.

“Sorry but there has been an expected hiccup. Will tell you all about it later today. Let this play out and give me some time to update you,” Dotcom noted.

No further details on the exact reason for the delay were provided, but the Megaupload 2.0 team is actively working on a solution. This may take a few days, according to a message posted by Dotcom a few hours ago.

. Operation Destroy Roadblock

This appears to be the first bump in the road after Megaupload 2.0 was first mentioned last summer. Prospective users who are eager for more details have to be patient for a little longer.

From what has been revealed thus far, Megaupload 2.0 and the associated Bitcache platform will allow people to share and store files, linking every file-transfer to a bitcoin transaction.

The bitcoin element is not the only part that’s new. Unlike the original Megaupload, the new incarnation isn’t going to store all files itself. Instead, it plans to use third-party providers such as Maidsafe and Storj.

This means that the new Megaupload will mostly act as a middleman between other file-storage platforms, adding a separate layer of encryption through Bitcache.

More information and perhaps some technical details are expected to follow in the near future.

Ladybbird · 25-04-17, 15:07

Kim Dotcom Asks Police to Urgently Interview FBI Director Jim Comey...

25 Apr 2017, TF

When authorities in the United States and New Zealand shut down Megaupload in 2012, large amounts of data were seized in both locations. The data in the US is currently gathering dust but over in New Zealand yet another storm is brewing.

In the weeks following the raid, hard drives seized from Dotcom in New Zealand were cloned and sent to the FBI in the United States. A judge later found that this should not have been allowed, ruling that the copies in the FBI’s possession must be destroyed.

Like almost every process in the Megaupload saga the ruling went to appeal and in 2014 Dotcom won again, with the Court of Appeal upholding the lower court’s decision, stating that the removal of the clones to the United States was “plainly not authorized.”

At the time Dotcom said that fighting back is “encoded in his DNA” and today he’s taking that fight to the FBI. On Sunday, FBI director James Comey touched down in Queenstown, New Zealand, for an intelligence conference. With Comey in the country, Dotcom seized the moment to file a complaint with local police.

In the complaint shared with TorrentFreak, lawyer Simon Cogan draws police attention to the Court of Appeal ruling determining that clones of Dotcom drives were unlawfully shipped to the FBI in the United States. Since Comey is in the country, police should take the opportunity to urgently interview him over this potential criminal matter.

“As director of the FBI, Mr Comey will be able to assist Police with their investigation of the matters raised in Mr Dotcom’s complaint,” the complaint reads, noting several key areas of interest as detailed below.

Quote:

.

,

Speaking with TF, Dotcom says that since the New Zealand High Court and Court of Appeal have both ruled that the FBI had no authority to remove his data from New Zealand, the FBI acted unlawfully.

“In simple terms the FBI has committed theft,” Dotcom says.

“The NZ courts don’t have jurisdiction in the US and could therefore not assist me in getting my data back. But FBI Director Comey has just arrived in New Zealand for a conference meaning he is in the jurisdiction of NZ courts. We have asked the NZ police to question Mr Comey about the theft and to investigate.”

In addition to seeking assistance from the police, Dotcom says that he’s also initiated a new lawsuit to have his data returned.

“We have also launched a separate civil court action to force Mr Comey to return my data to New Zealand and to erase any and all copies the FBI / US Govt holds. We expect an urgent hearing of the matter in the High Court tomorrow,” Dotcom concludes.

It’s likely that this will be another Dotcom saga that will run and run, but despite the seriousness of the matter in hand, Dotcom was happy to take to Twitter this morning, delivering a video message in his own inimitable style.

Speaking with TF, Dotcom says that since the New Zealand High Court and Court of Appeal have both ruled that the FBI had no authority to remove his data from New Zealand, the FBI acted unlawfully.

“In simple terms the FBI has committed theft,” Dotcom says.

“The NZ courts don’t have jurisdiction in the US and could therefore not assist me in getting my data back. But FBI Director Comey has just arrived in New Zealand for a conference meaning he is in the jurisdiction of NZ courts. We have asked the NZ police to question Mr Comey about the theft and to investigate.”

In addition to seeking assistance from the police, Dotcom says that he’s also initiated a new lawsuit to have his data returned.

“We have also launched a separate civil court action to force Mr Comey to return my data to New Zealand and to erase any and all copies the FBI / US Govt holds. We expect an urgent hearing of the matter in the High Court tomorrow,” Dotcom concludes.

It’s likely that this will be another Dotcom saga that will run and run, but despite the seriousness of the matter in hand, Dotcom was happy to take to Twitter this morning, delivering a video message in his own inimitable style.

Quote:

In your face Comey, in your face! #FVEY #Queenstown #FBIThieves pic.twitter.com/aJb5MrHKWe

— Kim Dotcom (@KimDotcom) 25 April 2017

.

wildhoney66 · 29-04-17, 03:50

i didn't read all of this but he's right as much as i hate to say it. i've said it before and many times they want to use him as an example. and i agree they should have went by the law. did he ever go to court and if he did, did he win i really lose track on what the hell is going on to be honest. i see he wants from what you posted here, but did he even win his case? or did i miss that he did?

Ladybbird · 21-07-17, 09:09

TF, Posted: 20 Jul 2017

In the months leading up to the infamous raid on Kim Dotcom’s New Zealand mansion and his now defunct cloud storage site Megaupload, the entrepreneur was under surveillance.

Not only were the MPAA and RIAA amassing information, the governments of the United States and New Zealand were neck-deep in the investigation too, using the FBI and local police to gather information.

What soon became evident, however, is that the authorities in New Zealand did so while breaking the rules.

Between 16 December 2011 to 22 March 2012, New Zealand used the Government Communications Security Bureau (GCSB) agency to spy on the private communications of Kim and Mona Dotcom, plus Megaupload co-defendant Bram van der Kolk. This was hugely problematic.

GCSB is an intelligence agency of the New Zealand government responsible for spying on external entities. It is forbidden by law from conducting surveillance on its own citizens or permanent residents in the country. His standing in the country meant that Dotcom should not have been spied on.

“Of course I apologize to Mr Dotcom, and I apologize to New Zealanders,” then New Zealand Prime Minister John Key later said.

Since it was established that New Zealand illegally spied on Dotcom, the Megaupload founder has been trying to find out what information the GCSB gathered about him, then wife Mona, and former colleague Bram van der Kolk. According to Dotcom, there was a total of 87 breaches, all of which the government wants to keep secret.

Since then, Dotcom has been fighting to gain access to the information GCSB illegally obtained, while seeking compensation for the damages caused.

In a ruling handed down this morning, the High Court details its findings in respect of a three-day hearing that took place early April 2017, during which GCSB said the raw, unredacted information should be withheld from Dotcom on national security grounds.

GCSB and the government argued that the public interest in the disclosure of the material is outweighed by the public interest in withholding it, adding that the security and defense of New Zealand would be compromised on the world stage.

For their part, the Dotcoms said that nondisclosure of the unredacted documents breaches their rights under the New Zealand Bill of Rights Act 1990. Given that any damages award is directly linked to the extent and nature of the illegal intrusions into their private lives, access to the documents is paramount.

That being the case, they argued that the public interest in disclosure outweighs any public interest in the information being withheld.

This morning, citing a 2013 Court of Appeal verdict that ruled the GCSB didn’t have to release the raw communications, Justice Murray Gilbert insisted that the recordings will not be released.

“A number of the redactions in the discovered documents are to protect the identity or contact details of personnel who were involved in or associated with the operation or copied into email communications concerning it,” Justice Gilbert wrote.

“It is hard to see how any of this information could be relevant to the relief that should be granted in this proceeding. Again, the public interest in withholding disclosure of this information far outweighs any public interest in its disclosure.”

In a statement, Kim Dotcom expressed his frustrations, noting that the government is doing everything it can to suppress details of the illegal surveillance.

“After being caught, the GCSB has fought to keep what it did, and how, a secret from me and from you, the New Zealand public. Worse, it seeks to hide behind ‘national security’ to keep the truth from us,” Dotcom said.

“To keep this secret, the GCSB applied to the High Court. It filed secret evidence and secret submissions. The GCSB’s lawyers were heard in a ‘closed’ court with the Judge, where they made secret submissions and secret witnesses gave secret evidence.”

Dotcom said neither his lawyers nor the public was allowed to be present during the hearing. And when his legal team could be heard, they were significantly hampered in their work.

“When my lawyers were heard, after that hearing, they had to make submissions as to why information they were not allowed to see, for reasons they were not allowed to know, should be disclosed. They were effectively shooting at a moving target, in the dark, with one hand tied behind their backs,” Dotcom said.

The Megaupload founder suggests there is there is a clear double-standard when he has to be tried in public for his alleged crimes, but when it comes to offenses carried out by the government, the process takes place behind closed doors.

“I will appeal this judgment and ask the Court of Appeal to shine some cleansing sunlight on what happened here. If there is transparency, there is accountability, and we can prevent this happening again,” he concludes.

Ladybbird · 27-07-17, 19:49

New Zealand Police Confirm ‘Extra’ Illegal Spying on Kim Dotcom

T.F. 27 Jul 2017

Kim Dotcom has made headlines in the press again over the past week, but not for his own alleged misconduct.

Instead, there is a renewed focus on the unlawful surveillance practices of the Government Communications Security Bureau (GCSB).

During the months leading up to the raid, the GCSB carried out surveillance on Dotcom but failed to check his residency status. The outfit was not allowed to spy on its own residents and clearly crossed a line with its unlawful information gathering.

To find out what was collected, Dotcom asked the High Court for access to the surveilled information, but last week this request was denied. While this came as a disappointment, the court did reveal something else of interest.

As it turns out, the illegal spying on Dotcom didn’t stop on January 20, 2012, when Dotcom was arrested. Instead, it carried on for another two months, ending March 22, 2012.

Initially, some people thought that the High Court may have made a mistake in the timeline, but with pressure mounting, New Zealand police have now confirmed that this is not the case. The illegal spying did indeed continue for two more months.

“We’ve checked the file and can confirm that the dates you’ve highlighted were known to the Operation Grey team. They were considered as part of the investigation and decision-making about the outcome,” a police spokesman told NZ Herald.

While this is all news to the public, the police and others were well-aware of the additional spying. This raises a series of questions, which Megaupload’s founder would like to see answered.

“Does this mean that New Zealand Police knew that the GCSB affidavits were false? GCSB told the Courts under oath that the illegal spying ended two months earlier. Not in March but in January,” Dotcom says, commenting on the news.

The issue is more than a matter of oversight, Dotcom says, and he calls for a proper investigation where the people responsible will be held accountable.

“New Zealand Police investigated GCSB because of the illegal spying but nobody was ever charged with any crime. How is that possible if the Police knew that the GCSB lied to the New Zealand Courts? What else would we discover if we had a fair and open hearing instead of secret submissions in closed Court?

“The New Zealand Courts have been fooled by the GCSB and the Police. What’s next? What are the consequences?” Dotcom adds.

In recent years the Megaupload case has been a stumbling block for several politicians and the latest revelations have put Prime Minister Bill English under pressure.

It’s clear that several high ranked officials would rather see Dotcom leave, but thus far the fiasco is more likely to help him stay.

Ladybbird · 26-08-17, 08:12

Entire Kim Dotcom Spying Operation Was Illegal, High Court Rules

Posted: 26 Aug 2017. TF.

In the months that preceded the January 2012 raid on file-storage site Megaupload, authorities in New Zealand used the Government Communications Security Bureau (GCSB) spy agency to monitor Kim and Mona Dotcom, plus Megaupload co-defendant Bram van der Kolk.

When this fact was revealed it developed into a crisis. The GCSB was forbidden by law from conducting surveillance on its own citizens or permanent residents in the country, which led to former Prime Minister John Key later apologizing for the error.

With Dotcom determined to uncover the truth, the entrepreneur launched legal action in pursuit of the information illegally obtained by GCSB and to obtain compensation. In July, the High Court determined that Dotcom wouldn’t get access to the information but it also revealed that the scope of the spying went on much longer than previously admitted, a fact later confirmed by the police.

This raised the specter that not only did the GCSB continue to spy on Dotcom after it knew it was acting illegally, but that an earlier affidavit from a GCSB staff member was suspect.

With the saga continuing to drag on, revelations published in New Zealand this morning indicate that not only was the spying on Dotcom illegal, the entire spying operation – which included his Megaupload co-defendants – was too.

The reports are based on documents released by Lawyer Peter Spring, who is acting for Bram van der Kolk and Mathias Ortmann. Spring says that the High Court decision, which dates back to December but has only just been made available, shows that “the whole surveillance operation fell outside the authorization of the GCSB legislation as it was at the relevant time”.

Since Dotcom is a permanent resident of New Zealand, it’s long been established that the GCSB acted illegally when it spied on him. As foreigners, however, Megaupload co-defendants Finn Batato and Mathias Ortmann were previously considered valid surveillance targets.

It now transpires that the GCSB wasn’t prepared to mount a defense or reveal its methods concerning their surveillance, something which boosted the case against it.

“The circumstances of the interceptions of Messrs Ortmann and Batato’s communications are Top Secret and it has not proved possible to plead to the allegations the plaintiffs have made without revealing information which would jeopardize the national security of New Zealand,” the Court documents read.

“As a result the GCSB is deemed to have admitted the allegations in the statement of claim which relate to the manner in which the interceptions were effected.”

Speaking with RadioNZ, Grant Illingworth, a lawyer representing Ortmann and van der Kolk, said the decision calls the entire GCSB operation into doubt.

“The GCSB has now admitted that the unlawfulness was not just dependent upon residency issues, it went further. The reason it went further was because it didn’t have authorization to carry out the kind of surveillance that it was carrying out under the legislation, as it was at that time,” Illingworth said.

In comments to NZHerald, Illingworth added that the decision meant that the damages case for Ortmann and van der Kolk had come to an end. He refused to respond to questions of whether damages had been paid or a settlement reached.

He did indicate, however, that there could be implications for the battle underway to have Dotcom, Batato, Ortmann and van der Kolk extradited to the United States.

“If there was illegality in the arrest and search phase and that illegality has not previously been made known in the extradition context then it could be relevant to the extradition,” Illingworth said.
.

wildhoney66 · 11-09-17, 05:01

than if it's not legal they should NEVER have arrested him at all. in fact the case should be dropped for that matter once it was discovered and it's been years for them to do it the legal way and so far as i know unless i'm wrong they haven't. i forget what all happend in the past cause this case has gone on forever it feels like.

i think they should by now just throw his ass in jail or let him go. yes it sound simple and i get it's not but still it's what 5 or 6 years now. how much longer do they need to make a case against him? after all the illegal stuff they've done any judge they've been in front of once he discovered it wasn't legal should have thrown the case out the window. but than i don't work for the law and i dunno what all they have since got legal at all.

Ladybbird · 22-01-18, 10:26

Kim Dotcom Loses Megaupload Domain Names, Gets “Destroyed” Gaming Chair Back

TF 22 Jan 2018.

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

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

One of these cases was lost after the U.S. branded Dotcom and his colleagues as “fugitives”.The defense team appealed the ruling, but lost again, and a subsequent petition at the Supreme Court was denied.

Following this lost battle, the U.S. also moved to conclude a separate civil forfeiture case, which was still pending at a federal court in Virginia.

The assets listed in this case are several bank accounts, including several at PayPal, as well as 60 servers Megaupload bought at Leaseweb. What has the most symbolic value, however, are the domain names that were seized, including Megaupload.com, Megaporn.com and Megavideo.com.

Mega’s Domains

.

This week a U.S. federal court decided that all claims of Kim Dotcom, his former colleague Mathias Ortman, and several Megaupload-related companies should be stricken. A default was entered against them on Tuesday.

The same fugitive disentitlement argument was used in this case. This essentially means that someone who’s considered to be a fugitive from justice is not allowed to get relief from the judicial system he or she evades.

“Claimants Kim Dotcom and Mathias Ortmann have deliberately avoided prosecution by declining to enter or reenter the United States,” Judge Liam O’Grady writes in his order to strike the claims.

“Because Claimant Kim Dotcom, who is himself a fugitive under Section 2466, is the Corporate Claimants’ controlling shareholder and, in particular, because he signed the claims on behalf of the corporations, a presumption of disentitlement applies to the corporations as well.”

As a result, the domain names which once served 50 million users per day, are now lost to the US Government. The court records list 18 domains in total, which were registered through Godaddy, DotRegistrar, and Fabulous.

Given the legal history, the domains and other assets are likely lost for good. However, Megaupload defense lawyer Ira Rothken is not giving up yet.

“We are still evaluating the legal options in a climate where Kim Dotcom is being labeled a fugitive in a US criminal copyright case even though he has never been to the US, is merely asserting his US-NZ extradition treaty rights, and the NZ High Court has ruled that he and his co-defendants did not commit criminal copyright infringement under NZ law,” Rothken tells TorrentFreak.

There might be a possibility that assets located outside the US could be saved. Foreign courts are more open to defense arguments, it seems, as a Hong Kong court previously ordered the US to return several assets belonging to Kim Dotcom.

The Hong Kong case also brought some good news this week. At least, something that was supposed to be positive. On Twitter, Dotcom writes that two containers with seized assets were returned, but in a “rotten and destroyed” state.

“A shipment of 2 large containers just arrived in New Zealand. This is how all my stuff looks now. Rotten & destroyed. Photo: My favorite gaming chair,” Dotcom wrote.

According to Dotcom, the US Government asked him to pay for ‘climate controlled’ storage for more than half a decade to protect the seized goods.

However, judging from the look of the chair and the state of some other belongings, something clearly went wrong.

Rotten & Destroyed

.

Ladybbird · 11-09-18, 16:07

Kim Dotcom Privacy Act Appeal Underway at the High Court

TF 11 Sep 2018.

Way back in 2012, Kim Dotcom’s cloud storage site Megaupload was shut down in a massively blaze of publicity. Ever since, Dotcom and several of his former colleagues have been fighting extradition to the United States.

Dotcom’s strategy in New Zealand has been to challenge all aspects of the case against him, something that has seen him burn through tens of millions of dollars in legal fees. He has sought every piece of available information to assist his defense, but that hasn’t always gone his way.

In 2015, Dotcom asked dozens of ministers and multiple government departments to disclose information they held on him. With Dotcom’s case rolling on, his requests were classified by his team as “urgent”. However, then-Attorney General Chris Finlayson denied the requests, describing them as vexatious and baseless.

Ever persistent, Dotcom filed a complaint with the Human Rights Tribunal, accusing the New Zealand Government of wrongfully withholding information from him.

Last March the Tribunal ruled in Dotcom’s favor, noting that the Crown was “in clear breach of its obligations under the Privacy Act” when it withheld the information. Dotcom was awarded NZ$60,000 in damages for “loss of dignity or injury to feelings” plus NZ$30,000 to compensate for the information not being handed over.

Dotcom was quick to celebrate, noting that the ruling from the Tribunal meant that his extradition case was effectively over, with the Attorney General having “perverted the course of Justice.”

While an end to the extradition process is still not in sight, the ruling from the Tribunal also compelled the authorities to comply with Dotcom’s original request. But with that still yet to happen, the show isn’t over yet.

The Crown subsequently appealed the decision of the Tribunal and yesterday the matter went before the High Court in Wellington.

Lawyer Victoria Casey, representing the Attorney General, said there was no evidence that the information was wrongly disclosed to cause injury to Dotcom’s feelings (as the NZ$60,000 award suggests) and there was no evidential basis for Dotcom to be awarded the NZ$30,000 either, RadioNZ reports.

Casey also argued that while Dotcom’s 52 requests to 28 ministers and government departments were marked as urgent due to his ongoing extradition battle, the information could not have been used because the window for submitting evidence had already closed. It was also a sizeable request, that could not have been fulfilled quickly, the lawyer said.

These factors meant that the allegedly unwieldy request for disclosure was considered vexatious by the then-Attorney General.

In Court yesterday, Casey said that Dotcom had demanded “every record mentioning him by name held by every government agency and every then-government minister, plus each agency contracted to work with any of those entities.”

Four days have been set aside for the hearing.....

A copy of the original Human Rights Tribunal ruling is available here (pdf).

wildhoney66 · 15-09-18, 04:16

1stly that is just plain wrong they would do that to his furniture. what did they raid his house and also tear his furniture apart? the guy wasn't a drug dealer nor was he an arms dealer either. i still want this fat guy to win his case though. i mean sh*t it's been 6 years now why don't they just leave the guy alone?

i don't think he's worth the kind of money he used to be worth... at least not that i'm aware of and yes i could be wrong. as for his case/charges being to big i get that but there is no doubt that he filed it in time... it was i'm sure let go on purpose so he would lose. no i have no proof on this but i wouldn't be surprised if it were true.

have you heard the MPAA hired a new law firm? they are going after downloads and streaming. they are still damn obessed with piracy, we have a really crummy economy and people in charge who don't give a damn about us and they want

to do all this? it's just a waste of money i think. of their time and our money as well since we are paying for that crap

Ladybbird · 02-10-18, 15:35

Kim Dotcom Loses Privacy Battle Following High Court Appeal

TF 2 Oct 2018.

Ever since his cloud storage site Megaupload was shut down in a blaze of publicity in 2012, Kim Dotcom has been fighting legal battles on several fronts.

One of those was aimed at forcing the government to hand over information relating to his case.

In 2015, Dotcom asked dozens of ministers and multiple government departments to “urgently” disclose information. Most of the entities receiving the requests transferred them to then-Attorney General Chris Finlayson. He denied the requests, describing them as vexatious and baseless.

Dotcom subsequently filed a complaint with the Human Rights Review Tribunal (HRRT), accusing the New Zealand Government of wrongfully withholding information.
In March 2018, the Tribunal ruled in Dotcom’s favor, stating that the Crown was “in clear breach of its obligations under the Privacy Act.”

Dotcom was awarded NZ$60,000 in damages for “loss of dignity or injury to feelings” plus NZ$30,000 to compensate for the information not being handed over.

However, the Crown quickly appealed the decision and in September the matter was heard before the High Court in Wellington.

In a decision published today, Dotcom was handed defeat after the High Court sided with the Attorney-General’s appeal.

“We find that there was a proper and lawful purpose for the transfer of the requests and that, because of the insistence that all 52 requests were required to be responded to urgently, on the ground that the information sought was relevant to the eligibility proceedings, they were vexatious,” ruling reads.

“Had we been required to determine the issues of remedies, we would have quashed the remedies ordered against those entities that were not defendants; set the awards of damages aside on the basis they were wholly erroneous and remitted the question of damages to the HRRT for determination in accordance with the principles outlined in this decision.”

In other words, the High Court ruling states that Dotcom should not have received the damages he was granted back in March.

“The damages awarded were wholly erroneous as there was no evidential basis for assuming that the information sought would have been relevant to the proceedings and there was no direct evidence relating to Mr Dotcom having suffered loss of dignity or injury to feelings such as to warrant an award..,” the Court notes.

True to form, Kim Dotcom received the news with defiance. This morning the serial entrepreneur slammed the decision as bad for New Zealanders.

“The High Court did not just ignore the law and parliaments intention. New law was made from the bench. This new law means Kiwis will have a harder time to access information they are legally entitled to. The Government will use this against Privacy Act requests it doesn’t like,” he said.

Shortly after the decision was published, Kim added to his earlier comments with an outburst on Twitter, suggesting that some judges in New Zealand are corrupt and care little about the law.

Quote:

Let me break a tabu here. There are corrupt Judges in New Zealand. They don’t care about the law. They are not impartial. They do favors. They assist former associates or current friends. Relationships win cases, especially Government cases. All lawyers know this. Including mine.
— Kim Dotcom (@KimDotcom) October 2, 2018

Of course, like most decisions handed down against Dotcom, this one can be appealed. A short time ago the Megaupload founder confirmed that his team will be taking that option.

“We will obviously appeal today’s judgment from the Wellington High Court. It is ignorant of the law and parliament’s intention to provide citizens with access to information that the Government holds about them. A bad day for human rights in New Zealand. The fight goes on,” he concludes.

wildhoney66 · 16-04-19, 02:59

so he lost? ya know it's funny i didn't hear about this at all

Ladybbird · 10-06-19, 16:26

Kim Dotcom Begins Final Supreme Court Battle to Avoid US Extradition

Posted: 10 Jun 2019, T.F.

When file-hosting site Megaupload was shut down in 2012, few could have predicted the events of the years to follow.

The arrest of founder Kim Dotcom and colleagues Mathias Ortmann, Bram van der Kolk and Finn Batato in New Zealand, triggered dozens of legal processes, many designed to expedite, delay or indeed avoid the quartet’s extradition to the United States.

Before it was closed, Megaupload claimed responsibility for around 4% of global Internet traffic. Much of this, the United States government claims, was pirated content, particularly movies, TV shows and music, costing US companies around US$500 million.

Dotcom has persistently argued that as an online service provider, Megaupload should receive safe harbor protections in respect of the activities of its users. US authorities, on the other hand, see a massive criminal conspiracy for which the four should face justice on the other side of the world.

At every step thus far, the New Zealand legal system has found in favor of sending the men to the United States.

In December 2015, Judge Dawson in the District Court found that Dotcom and his associates were eligible for extradition. That decision was subsequently appealed to the High Court, with Dotcom and his now former colleagues launching an appeal alongside a demand for a judicial review.

During February 2017, the appellants discovered that both of those efforts had proven unsuccessful. However, the men were granted leave to appeal to the Court of Appeal on two questions of law, including whether the High Court was correct to find that their alleged conduct amounted to an extradition offense.

In July 2018, the Court of Appeal upheld the earlier decision that Dotcom and the others were indeed eligible to be extradited. Importantly, the Court considered whether copyright infringement can be a criminal offense in New Zealand and the United States.

It was ultimately found that the alleged conduct of the men would breach various offenses under the Crimes Act 1961, meaning that extradition would be permissible. But this wouldn’t be a typical Dotcom matter if a final chance of appeal wasn’t grabbed with both hands.

As a result, the case headed to the Supreme Court, where the final hearing is taking place over five days this week, beginning today.

“In 2005 I created a website that allowed people to upload files to the cloud. At the time only small files could be attached to emails. Megaupload allowed users to email a link to a file. That’s it,” Dotcom wrote on Twitter this morning.

“In 2019 the NZ Supreme Court decides if I should be extradited for this ‘crime’.”

While lawyers for the accused are set to pick at every available thread in order to unravel the decision against their clients, early reports from the Supreme Court suggest already familiar themes.

Grant Illingworth, representing Mathias Ortmann and Bram van der Kolk, told the Court that he would be arguing that the alleged offenses did not amount to a crime in New Zealand, meaning that they could not be extraditable offenses. But, even if they were, insufficient evidence had been produced to show that offenses had even occurred.

“The district court judge misapplied the law at every stage of the judicial analysis,” Illingworth said, as quoted by RNZ.

“That constituted a serious miscarriage of justice. No higher court could have justified a finding of that kind, no matter how much they agreed with the outcome.”

Interestingly – or perhaps worryingly – it appears that discussions over how Megaupload operated were conducted via analogies this morning. At issue was Megaupload offering content for download and, in some cases, rewarding uploaders for putting that content there in the first place.

Justice Susan Glazebrook asked Illingworth whether it would be a breach of copyright if she photocopied a novel hypothetically written by one of her fellow judges and then sold it on a street corner. Illingworth said Megaupload didn’t make the copies, its users did.

“They’re providing the photocopier, someone else comes along and uses the photocopier. They’re [Megaupload] not putting up a sign saying, ‘Please come and use our photocopier for illegal purposes,'” he said.

Justice Joe Williams then elaborated on the analogy, alluding to Megaupload’s reward program.

“What if I get a wheelbarrow and I convey the copies [of the novel] to the street corner, knowing that she’ll be selling them, and she and I have some kind of agreement to share the profits?” he said.

Illingworth responded by saying it was never Megaupload’s intention to reward people for illegal behavior, it was all about rewarding them for increasing the site’s traffic.

While the hearing is set to run until Friday, any decision will take months to reach. Even if extradition is upheld, it will still need the approval of New Zealand’s Minister of Justice Andrew Little to take place.

His signature would mean that the men would be shipped to the US to face charges of copyright infringement, racketeering, and money laundering plus the possibility of years – even decades – in prison....

wildhoney66 · 27-06-19, 03:13

i didn't read all this cause it all just blended together with some mumbo jumbo my ADD kicked in, but the states want him to set an example is what they want and i hope they don't get him, why? the guy wasn't born in the states why should he be tried here? if he lived he that's one thing but he doesn't.

so i say let New Zealand isn't it where he's from? take this case and i hope he does win so he can move on with his life and maybe his winning will help sites like these eh?

Ladybbird · 14-10-19, 16:47

MPAA and RIAA’s Megaupload Lawsuits Remain on Hold, Perhaps For Years

Posted: 14 Oct 2019. TF

In 2012, Microsoft first released its operating system Windows 8, Apple came out with the iPhone 5, and Google’s Sergey Brin showed off a Google Glass prototype in the wild.

It was also the year when armed police officers swarmed Kim Dotcom’s mansion in a military-style-raid while his hosting service Megaupload was being taken down.

It was the beginning of the largest copyright infringement case the U.S. Government had ever launched and one that was far from straightforward.

While the earlier mentioned technology continued to progress, the Megaupload case has barely moved. In New Zealand, lawyers have been very busy with the extradition proceedings against Dotcom, but it could be years before that battle ends. This means that the criminal case against Megaupload and several former employees is in limbo.

The same is true for the civil cases the RIAA and MPAA filed back in 2014. Since the civil cases may influence the criminal proceedings, Megaupload’s legal team previously managed to put these cases on hold, and last week they requested another extension.

In line with other recent requests, the RIAA and MPAA didn’t object to the request. As a result, the court swiftly agreed to issue yet another extension, putting the cases on hold until the spring of next year. However, it would be no surprise if more delays followed in the future.

Earlier this year Megaupload founder Kim Dotcom predicted that he will lose his extradition battle at the Supreme Court. That’s not going to be the end of the line though. Using all legal options available, it might take more than five years before the extradition saga ends.

Meanwhile, copies of Megaupload’s servers, containing vast amounts of data from millions of users, remain locked up as evidence. Initially, there were some attempts to reunite former users with their personal files, but these appeared to have died off.

Interestingly, the most recent mention of any Megaupload ‘data’ came from Kim Dotcom himself. “Still waiting to get access to your Megaupload files?” he wrote, adding that he will email 30 million former US Megaupload users a video link in 2020 explaining how Joe Biden destroyed the site.

Apparently, Dotcom still has access to email and IP-addresses of Megaupload users, which he might put to use.

In recent weeks, the New Zealand entrepreneur shifted his focus to a service that was once billed as Megaupload 2. This project, now known as K.im, will, in fact, be quite different from its predecessor. While Dotcom is the founder, he no longer has an official position, but acts as its evangelist, helping to raise money through a token sale.

When we last covered the project its expected release date was around 2018, but there have been some delays here as well. The latest roadmap indicates that the platform will launch in the third quarter of 2020. By then, we expect that the RIAA and MPAA lawsuits will still be pending.

Ladybbird · 14-10-19, 23:53

Quote:

Originally Posted by wildhoney66

i didn't read all this cause it all just blended together with some mumbo jumbo my ADD kicked in, but the states want him to set an example is what they want and i hope they don't get him, why? the guy wasn't born in the states why should he be tried here? if he lived he that's one thing but he doesn't.

so i say let New Zealand isn't it where he's from? take this case and i hope he does win so he can move on with his life and maybe his winning will help sites like these eh?

You need to read the earlier info. Then you will know where he is from and his REAL NAME..

wildhoney66 · 07-12-19, 01:37

i have heard his real name but i never can remember it

Ladybbird · 07-12-19, 06:38

Quote:

Originally Posted by wildhoney66

i have heard his real name but i never can remember it

His real name and full info is in the early part of this thread

wildhoney66 · 07-12-19, 07:06

i figured as much but i'm posting stuff on 2 different sites and looking on here so didn't look.

Ladybbird · 20-12-19, 14:23

Mega Now Stores 63.8 Billion Files, Has Suspended 78,000 Users For Copyright Infringement

Andy, TF, 19 Dec

From a standing start in January 2013, file-hosting platform Mega has gone from strength to strength.

Founded by Kim Dotcom in response to the Megaupload takedown of 2012, Mega has since parted ways with the entrepreneur but its growth has continued in his wake.

According to figures published by Mega, at the end of the final quarter of 2013 the cloud storage company was hosting around 0.6 billion files. In 2014, that had leaped to 3.6 billion files, a figure that almost doubled to 11.9 billion by the end of 2015. The latest published data reveals that at the end of September 2019, Mega was storing an impressive 63.8 billion files.

Early 2015 the company published its first transparency report, a common practice for large technology companies including Google, Twitter and Reddit. The latest installment published today by Mega strives to underline the platform’s compliance with local and international law and has a clear emphasis on how it deals with copyright infringement.

With an obvious eye on the fate of Kim Dotcom and the ongoing Megaupload saga, Mega stresses that it enjoys safe harbor protections under New Zealand’s Copyright Act in respect of content uploaded by its users. Additionally, while there is no technical need for it to do so, the company says that it also respects the standards required to achieve safe harbor under the DMCA and the EU Copyright Directive.

As a result, Mega reports that when it receives a takedown notice it aims to disable access to content within four hours, with takedowns “usually being actioned” well within that self-imposed limit. However, with files reportedly being uploaded at the rate of 500 per second, there are bound to be some that breach copyright law.

For the first nine months of 2019, Mega reports that it processed around 317,500 takedown requests. As the table below shows, that is a relatively small number when viewed alongside the total number of files stored by the company.

Data provided by Mega shows that the number of links taken down peaked in 2014 at around 150,000, with a downward trend following until late 2015. Since then, takedowns have varied from a low of around 50,000 in the third quarter of 2018 to a high of 120,000 in the second quarter of 2019.

However, as the table below shows, the relatively steep rises seen this year had very little impact on the trend of reducing takedowns when compared to the percentage of files stored overall.

In light of the ongoing lawsuits in the United States, the manner in which technology companies handle the issue of so-called “repeat infringers” is now a key battleground when questions are raised over liability for infringement. In this regard, it’s clear that Mega doesn’t want to be seen falling short.

After initially operating a “five strikes” policy, in 2015 Mega introduced a “three strikes” regime that remains in place today. Related account suspensions peaked in the third quarter of 2017 at just over 8,000 but then suddenly tailed off to a relatively steady 2,000 to 2,500 suspensions per quarter thereafter.

Since its inception, Mega says it has suspended around 78,000 accounts for hitting the limits of its repeat infringer policy, which is a significant number but relatively small when compared to the number of user accounts overall.

Mega launched as “The Privacy Company” with file encryption a key selling point. The cloud storage platform says that it cannot decrypt any files without the appropriate key but “does have access to registration information and IP addresses used to access our services.”

The company adds that it holds personal data relating to users for extended periods, including email and IP addresses, plus “limited activity detail” relating to account access, file uploads, shares, and chats.

“Personal data is retained indefinitely while the user’s account is open. After account closure, Mega will retain all account information as long as there is any law enforcement request pending but otherwise for 12 months after account closure as users sometimes request that an account be re-activated,” Mega

“After 12 months, identifying information such as email and IP addresses will be anonymized (except that email address records will be retained for reference by the user’s contacts or where the user has participated in chats with other Mega users) but other related database records may be retained.”

This information will only be handed over when Mega is required to do so by New Zealand law, a New Zealand court, or law enforcement authority “with appropriate jurisdiction”. However, the company notes that it may “consider” requests from overseas law enforcement and civil claimants.

“During the 2018-2019 year, Mega was served 7 legal orders from NZ authorities and then disclosed account information for 540 user accounts which are alleged to be involved in serious criminal activity overseas,” the company concludes.

Ladybbird · 07-02-20, 04:14

Supreme Court Denies Kim Dotcom’s Appeal to Access Illegal Spy Recordings

Andy, TF, 7 Feb20

In the weeks and months leading up to and beyond the 2012 raid on Kim Dotcom and his former associates, the Megaupload founder was being spied on by the authorities in New Zealand.

Between December 2011 and March 2012, the highly secretive Government Communications Security Bureau (GCSB) spy agency listened in on the private communications of Kim and former wife Mona Dotcom, plus Megaupload co-defendant Bram van der Kolk.

Given the US-instigated investigation into Dotcom and Megaupload, this type of eavesdropping may seem little out of the ordinary. However, GCSB’s powers are limited by law, including that it may not conduct surveillance on New Zealand citizens or permanent residents. Since Dotcom is a permanent resident, that made the spying illegal.

Ever since the authorities accepted that potential evidence had been illegally obtained, the Megaupload founder has put considerable effort into finding out exactly what was captured by the GCSB. At every turn, however, he has been declined access to the material.

In 2017, for example, the High Court rejected Dotcom’s request, claiming that the release of the intercepted communications would undermine national security. Overall, the ruling added, withholding the information would be in the public interest, even if that was at the expense of Dotcom’s rights.

Predictably, Dotcom refused to back down, immediately taking the matter to the Court of Appeal. Unfortunately for him, the result was the same.

While accepting that the intercepted communications are “relevant” and could be “put to use”, in a 2019 ruling the Court determined that Dotcom’s right to access the information was outweighed by national security concerns.

With the Supreme Court the only avenue left for Dotcom, an appeal was subsequently filed there. In a written judgment published today, the Supreme Court sided with the decisions of the lower courts and refused to hear the appeal.

“We are not satisfied that it is necessary in the interests of justice to hear the proposed appeal. While there may be questions arising about the scope and application of s 70 of the Evidence Act, the present case is not the appropriate case to consider those issues,” the panel of three judges writes.

“No question of principle arises. Rather, the matters the applicant wishes to raise relate to whether natural justice was met in this particular case and as to the weight given to the competing public interests on these facts.”

Rejecting the notion that there had been a miscarriage of justice, the judges note that since the case has been examined in detail by the lower courts and justice will be done by compensating Dotcom for his loss of dignity, the Supreme Court will not review the matter.

“Mr Dotcom’s arguments would reprise matters all of which have been carefully examined in the Courts below and, as the Court of Appeal noted, the ‘general nature of the disputed information is known to Mr Dotcom’. In addition, these issues would arise in a context where the respondent has been held to account having accepted liability and the central question is as to the level of damages,” the judges add.

In a statement on the decision to deny his appeal, this morning Dotcom criticizes the entire process, drawing particular attention to the fact that his lawyers have been prevented from doing their jobs properly on the grounds of national security.

“[T]hey have not been permitted to have any meaningful input into this process because, at every stage, the GCSB has required its evidence and submissions to be treated as classified and heard only in a secret hearing from which my counsel and I were excluded,” Dotcom writes.

“The Courts’ reasons were also classified and not stated in their decisions. We have been blindfolded, with one hand tied behind our backs, while up against the fully equipped and limitlessly funded GCSB and Crown lawyers seeking to keep us all in the dark and away from the truth.”

While at some point Dotcom will be awarded damages for the illegal spying, he says this process has never been about money, not least since it ceased being economically viable a long time ago.

“For me, it has always been about ensuring that we know what has happened and, as a result, the GCSB is held accountable publicly for its unlawful conduct under John Key’s National government. I want to make sure that this never happens again.

“We shouldn’t be kept in the dark when state agencies act unlawfully and they should never get away with not being fully accountable to us, as the GCSB has now achieved. They don’t care about paying some money to me and my family, although they will fight to limit that also. They just care about you and I not getting to know what they did, or the actual harm they caused,” he adds.

But while today’s ruling was handed down by New Zealand’s top court, Dotcom believes that interference from the United States played an important role in denying him access to the illegally captured communications. As a result, he’s now embarking on a new mission, one to change the law in New Zealand.

“I don’t like the United States influencing what we all should be entitled to as people of New Zealand, as I fear may have happened here. No one should. But, they, and the GCSB, has stopped me from knowing the truth, at least for now. If the Court of Appeal’s decision represents the law in New Zealand, then the law must change. I will fight for that change. Please join me,” he concludes.

As reported last week, Dotcom is awaiting another decision from the Supreme Court regarding his extradition to the United States. He doesn’t believe the decision will go in his favor but is preparing for a long battle, one that could see him fight in New Zealand for another seven years.

Ladybbird · 18-08-20, 13:25

Kim Dotcom Predicts NZ Supreme Court Will Rule in Favour of Extradition

The now-infamous Megaupload case has been treading a tortuous legal path for more than eight years in New Zealand.

Andy Maxwell TF, 18 Aug

The United States Government wants Kim Dotcom, Mathias Ortmann, Bram van der Kolk, and Finn Batato, physically delivered as quickly as possible, to face what has been billed as the largest copyright infringement lawsuit of all time.

After several lower courts determined that the Megaupload defendants should indeed be extradited to the United States, in June 2019 the New Zealand Supreme Court heard the hugely controversial matter. The ‘Megaupload Four’ are hoping that the country’s highest court will see things differently and deny the United States an opportunity to try the men on US soil.

When we spoke to the serial entrepreneur last year, Dotcom wasn’t optimistic.

“I expect a 3:2 majority in favor of extradition because three of the five judges were appointed by the National Party and the former Attorney General who was responsible for the actions taken against me in New Zealand. This is a political case and it will most likely be a political judgment,” he said.
Dotcom: Case is Political, Majority of Judges Will Approve Extradition

A specific date for delivery of the judgment is pending but if Dotcom’s ramped-up social media presence and activity is any barometer, it may be looming on the horizon. However, more than 12 months later, Dotcom doesn’t believe that much will have changed in his favor.

The panel of judges deciding on the case of Dotcom and his former colleagues consists of Winkelmann CJ, Glazebrook, O’Regan, Ellen France and Williams JJ. In Dotcom’s opinion, at least three of these judges are problematic due to their links with the former National Government.

“As I said before the Supreme Court is going to do a hatchet job in my case because of National appointed Judges: France, Glazebrook & O’Regan (the majority). In my opinion their loyalty is not with the law but with the party that appointed them. It’s a political case. You’ll see,” he wrote on Twitter last week.

At least one of the judges does meet with Dotcom’s approval, however. CJ Helen Winkelmann was sworn in as New Zealand’s 13th Chief Justice on 14 March 2019 and the Megaupload founder seems to think she provides a beacon of hope in this long-running matter.

“I believe in the Chief Justice of New Zealand Helen Winkelmann. She knows what her fellow Judges are doing and why. She understands the injustice my family had to endure. She knows the U.S. govt is a rogue operator and how important it is for New Zealand to regain independence,” Dotcom said.

Dotcom Calls For Judgment to Be Subjected to Intense Legal Scrutiny

In advance of any judgment, Dotcom is applying pressure to ensure that whatever the outcome, the eventual reasoning of the judges is placed under intense scrutiny.

In a Friday tweet, Dotcom invited law professors to have their students analyze the Supreme Court’s decision, with the full support of his legal team in the event of any data requests. He then sent out another communication, this time directed at the judges handling his case.

Quote:

Dear Supreme Court Judges, over 20 law schools have declared interest to peer review your upcoming judgment in my case.
Don’t underestimate the power of the Internet. It’s only the reputation of the New Zealand judiciary on the line, and yours.
No pressure. Take your time — Kim Dotcom (@KimDotcom) 14 August, 2020

Dotcom has long insisted that the New Zealand Government continues to withhold information that his team is legally entitled to, claiming that to release it would harm the country’s standing with the United States. This, he says, means that citizens’ rights under the Privacy Act come second when the United States Government needs something from the NZ Government.

Finally, there’s the important matter of the Copyright (New Technologies) Amendment Act 2008. Dotcom says that following the judgment, the drafters of the law will “explain the intention of the act and how it protects Internet service providers like Megaupload from any criminal liability for user conduct.” Dotcom believes the law is on his side and there could be implications for local tech companies if it is determined otherwise.

Clearly, much is at stake but even if Dotcom’s extradition is upheld, New Zealand’s Minister of Justice Andrew Little will still have to approve the entrepreneur’s physical removal and transfer into US custody. Should that happen, the ‘Megaupload Four’ face charges of copyright infringement, racketeering, and money laundering plus the possibility of years – even decades – in prison.

Ladybbird · 07-11-20, 17:45

Megaupload: Police Prepare to Seize Assets of Co-Founder Mathias Ortmann

Kim Dotcom Can Be Extradited To The United States, Subject to Judicial Review

Andy Maxwell TF, 06 Nov 2020

Earlier this week attention turned to New Zealand’s Supreme Court as a panel of judges prepared to publish their decision in the extradition case of Kim Dotcom and several of his former Megaupload colleagues.

In their ruling, a panel of judges at the Supreme Court confirmed that Dotcom and former Megaupload colleagues Mathias Ortmann, Bram van der Kolk, and Finn Batato, can technically be extradited to the United States to face charges of criminal copyright infringement.

However, the Court also granted the men permission to challenge the decision via a judicial review.

Mathias Ortmann Now Under the Spotlight

Just days after Dotcom’s legal team welcomed the chance to have their say on the alleged deficiencies in the case thus far, all eyes are now turning to Mathias Ortmann.

While all of the defendants are facing extradition and serious criminal charges in the United States, as Megaupload co-founder and Dotcom’s former right-hand man, Ortmann is one of the more important pieces in this constantly shifting puzzle.

Like Dotcom, Ortmann helped generate significant sums of money for Megaupload and indeed himself, something that didn’t go unnoticed by authorities in the United States who are now trying to get their hands on his assets overseas.

Police Are Preparing to Seize Assets in Australia

According to a report in The Australian (paywall), the Australian Federal Police (AFP) are preparing to seize assets in the country attributable to Ortmann.

The precise nature of those assets is unclear but back in 2015, an asset forfeiture complaint (pdf) filed by the US Government as part of the action against the ‘Mega Conspiracy’ listed Ortmann as the account holder for several Megaupload-related bank accounts in Australia.

Huge volumes of cash, vehicles and other assets were originally seized by the authorities following the 2012 raid on Megaupload. Dotcom was subsequently able to claw back some of these after legal processes in New Zealand and Hong Kong.

However, after being branded as fugitives by the US Government, Dotcom and his co-defendants were still denied access to millions of dollars. An appeal failed, as did further action at the Court of Appeals for the Fourth Circuit.

Authorities Obtained Order to Seize Ortmann’s Australian Assets

In 2017, the US Supreme Court refused to hear a further appeal by the defendants. As a result, the authorities obtained an order from a court in Virginia to use the Australian Federal Police to seize Ortmann’s Australian assets.

On the back of the US foreign forfeiture order, the AFP is now pursuing Ortmann through the Supreme Court of New South Wales. According to The Australian, Ortmann – who together with co-defendant Finn Batato still works at Megaupload successor Mega in New Zealand – is yet to respond to the forfeiture attempt.

Kim Dotcom Extradition - PREVIOUS REPORT

Ever since Megaupload was raided in 2012, the US Government has been trying to ship Kim Dotcom, Mathias Ortmann, Bram van der Kolk, and Finn Batato out of New Zealand but the path has not been smooth.

The process in New Zealand begins when a country, in this case the United States, asks a local court to determine whether the people to whom it desires access are eligible to be extradited under the Extradition Act 1999.

In basic terms, this means that the US needed to show that the alleged offenses would result in a trial in New Zealand if they had taken place there, i.e the offenses were crimes in both countries. Dotcom has long argued against this assertion, insisting that his long-defunct Megaupload service enjoyed “safe harbor” protections under New Zealand law.

Extradition Hearing at the Supreme Court

After several lower courts determined that the Megaupload defendants can indeed be extradited to the United States, in June 2019 the New Zealand Supreme Court heard the hugely controversial matter. The ‘Megaupload Four’ were hoping that a panel of judges at the country’s highest court would see things in a different light and deny the United States an opportunity to try the men on US soil.

Dotcom previously predicted that the Supreme Court would return a 3:2 majority in favor of extradition but what has transpired today does not provide the absolute finality many observers expected.

Dotcom Can Be Extradited But Can Challenge This Decision

In a decision handed down minutes ago, the Supreme Court confirms that Dotcom and his Megaupload colleagues can technically be extradited to the United States to face charges of criminal copyright infringement. However, the Court has also granted the quartet permission to challenge the decision via a judicial review.

The issue lies with a 2015 decision at the District Court which ruled that Dotcom could be extradited. The Megaupload founder’s legal team argued that the court had made errors in its judgment but their calls for a judicial review fell on deaf ears at the High Court and Court of Appeal. In its judgment today, the Supreme Court said that those higher courts were wrong to determine that Dotcom’s application for a judicial review was an abuse of process.

This means that yet more legal arguments will have to be heard. If Dotcom and his colleagues fail at that stage, they will be eligible for extradition. However, any extradition would only take place on copyright grounds since the Supreme Court has ruled that the men are not eligible to be surrendered in respect of money laundering since there is “no matching New Zealand offense.”

Statement From Dotcom’s Lawyer;

Describing the judgment as a “mixed bag”, Dotcom’s lawyer Ron Mansfield says that the judgment gives no final answer to the question of whether his client should be extradited. He also notes that the Supreme Court did not accept the defense’s safe harbor copyright arguments, something which could have “an immediate and chilling” impact on the Internet.

“It will be interesting to see how the challenges now faced by Internet Service Providers are responded to. Can they live with it? Will it result in access restrictions and further costs that we will all incur as a result? Or will our Government be lobbied to intervene and provide real and workable protections for them?” Mansfield questions.

On the plus side, Mansfield appears satisfied that the Supreme Court has determined that the defense should be able to address the “serious procedural issues” that have arisen in the case.

“This means there will be further argument in the Court of Appeal and/or the Supreme Court regarding these significant concerns that are well established in the evidence. This is significant and means that nothing further can happen until the further required hearings take place.

“Kim stays here, at home, with his family,” Mansfield concludes.

Ladybbird · 12-11-20, 20:03

Kim Dotcom Set to Win Damages Over NZ Government Privacy Act Requests

Andy Maxwell, TF 12 Nov

Following the raid on his Megaupload file-hosting site in 2012, Kim Dotcom and his former colleagues have been fighting legal battles on multiple fronts.

Just last week, another chapter was closed after the Supreme Court ruled that while Dotcom, Mathias Ortmann, Bram van der Kolk, and Finn Batato can technically be extradited to the United States to face charges of criminal copyright infringement, the decision came with a caveat.

In 2015, the District Court made a considerable error by not allowing Dotcom’s appeal for a judicial review, something which the Supreme Court insists he must now be allowed before extradition can take place. Another blunder in 2015, this time over another set of Dotcom requests that were disallowed, has today resulted in another incremental win for Dotcom.

Half a Decade Ago, Dotcom’s Request For Urgent Information

Five years ago, in the same year he was wrongfully denied a judicial review, Dotcom made requests to dozens of ministers and multiple government departments to urgently disclose information pertinent to his case and indeed his defense. Rather than handle these requests directly, the parties referred them to then-Attorney General Chris Finlayson. Describing them as vexatious and baseless, Finlayson denied the requests.

This denial prompted Dotcom to file a complaint with the Human Rights Review Tribunal (HRRT), accusing the New Zealand Government of wrongfully withholding information to which he was entitled. In March 2018, the Tribunal ruled in Dotcom’s favor, stating that the Crown was “in clear breach of its obligations under the Privacy Act.”

Dotcom won NZ$60,000 in damages for “loss of dignity or injury to feelings” plus another NZ$30,000 to compensate for the lack of disclosure. In response, however, the Crown appealed the decision and in September 2018 the matter was heard before the High Court in Wellington.

Dotcom lost, with the Court siding with the Attorney-General’s appeal, describing the damages award as “wholly erroneous” on the grounds that there was no evidence to show the information being sought was relevant to the proceedings.

Of course, Dotcom wasn’t done and immediately vowed to reverse a decision that in his words represented a “bad day for human rights” in New Zealand.

Court of Appeal Rules in Dotcom’s Favor

After five long years, this morning the Court of Appeal ruled that Dotcom’s 52 requests sent to 28 ministers and many government departments under the Privacy Act were handled incorrectly. In a 42-page decision, the Court found that the former government of John Key was wrong to transfer all of Dotcom’s requests regarding his extradition to then-Attorney General Chris Finlayson.

“The transfers of Mr Dotcom’s information privacy requests to the Attorney-General were invalid and, on the face of it, an interference with Mr Dotcom’s privacy,” the decision reads, adding that the refusal to respond to Dotcom’s requests on the grounds they were vexatious was not supportable.

According to the Court of Appeal’s decision, the dozens of requests filed by Dotcom, which aimed to discover what various government agencies and ministers had been saying about him, should have been handled individually by the entities targeted by Dotcom.

They include New Zealand’s Reserve Bank, which initially responded to Dotcom’s request, and the Ministry of Defence, which also acknowledged the request for information and indicated it was preparing its response before an intervention took place.

The decision to override these and other potential responses and refer them to Finlayson instead was revealed by the Ministry of Justice in a letter to the various agencies dated late July or early August 2015. The subsequent responses from the various agencies to that letter contained an error that was repeated across the board.

The Court of Appeal accepted this as a clear sign that the agencies were provided with a template response by the Crown Law Office.

Matter Now Headed For the Human Rights Review Tribunal

After allowing Dotcom’s appeal, the Court of Appeal will now send the matter to the Human Rights Review Tribunal. It will consider the scale of the damages owed to Dotcom following the interference with his privacy rights caused by the wrongful transfer of his information privacy requests to Finlayson.

On Twitter, Kim Dotcom welcomed the decision.

“Big Win – We’ll finally find out what the National Govt was hiding for all these years unless the current Govt continues the unlawful withholding and redaction of information I’m legally entitled to. This Judgement echoes what the Human Rights Tribunal ruled in my case. Exciting,” he wrote this morning.

Ladybbird · 06-12-20, 19:09

Mega Has Now Terminated 95,000 Users For Repeat Copyright Infringement

Founded by Kim Dotcom following the takedown of Megaupload in 2012, Mega’s rise has been nothing less than impressive.

Andy Maxwell TF, 6 Dec

Despite parting ways with the entrepreneur several years ago, the cloud storage platform has gone from strength to strength. Late 2013, the site was hosting around 0.6 million files, a figure that increased to 3.6 billion just a year later. In 2019, the site reported 63.8 billion files on its servers but for Mega, significant further growth is only ever a few moments away.

“Mega’s users upload approximately 65 million files per day, 750 files per second on average,” Mega revealed this week.

Mega Publishes 2020 Transparency Report

According to the company’s just-published transparency report, by September 2020 Mega was playing host to around 84 billion files, a ~32% increase over the previous reporting period. Those files were uploaded by more than 200 million registered users located in 200 countries, all of whom enjoy end-to-end encryption that hides the content of their files both from Mega and the wider world.

Mega offers features that can be compared to those at Dropbox, so it is an attractive proposition for people looking to back up their own content, documents, and other files. But while Mega is privacy-focused by design, users are still able to easily share their files with third-parties as long as their links contain a decryption key. When this is the case, some users treat Mega like any other file-hosting platform – in some cases to store and distribute copyright-infringing files such as movies, music, TV shows, and just about anything else.

Copyright Infringement & Content Removal

When shared openly with the public, these links to pirated content attract the attention of copyright holders which are then able to file a complaint with Mega to have them taken down. Mega says that complaints and resulting takedowns happen quickly – certainly within four hours but often in minutes.

Copyright holders have three options; the removal of a specified link to a file, the removal of all links to a file, or the removal of all links to and all instances of the file.

During the most recent reporting period spanning 12 months to September 2020, rightsholders filed 1.193 million takedown requests with Mega, which sounds like a lot but when compared to the overall storage maintained by the site, percentages are low.

During the months covered by the report, the total number of links and/or files taken down peaked at just 0.0006% of the site’s total files, having hit a low of 0.0002% of total files during the first quarter. (Note: Mega’s first reporting quarter is Q4 of the previous year)

Mega Transparency 2020

While Mega took down many more links/files during its last 12 month period than it did in any previous year since its inception, the report suggests that in terms of overall content, Mega has a very low ratio of infringing versus non-infringing content.

The chart below shows a general upward trend of links taken down in 2019/2020 but the almost flat red line since 2017 reveals that despite a worrying start back in 2013, the percentage of links/files that aren’t considered infringing on the service are now keeping ratios well and truly pinned back.

Mega Takedowns 2020

“The number of unique takedown requests submitted represents a very small percentage of the total number of files stored on Mega. In Q3 2020, the links taken down represented 0.0004% of the 84 billion files uploaded to Mega servers,” the company writes.

Also a factor is the volume of incorrect notices sent to the company by copyright holders. Mega doesn’t provide a specific number but does note that when users file counternotices, the majority are accepted by the company.

“This is probably because many content owners and agents trawl the Internet using robots which generate incorrect notices on behalf of copyright owners, and due to the failure of owners and agents to review the specific link content,” Mega notes.

Dealing With Repeat Infringers

After initially operating a “five strikes” policy, in 2015 Mega introduced a “three strikes” regime to deal with users who receive multiple copyright takedown requests against their account. The company’s policy applies to users who receive three valid complaints in any six-month period. While incorrect claims are disregarded upon successful appeal and don’t count towards a ban, users reaching this limit have their accounts terminated.

“As of 30th September 2020, Mega had suspended 94,966 users for repeated infringement,” the company notes, adding that the data reveals that “suspensions have declined to a very small % of the number of registered users.”

Mega Copyright Suspensions

As the image above shows, Mega terminated around 8,850 users during the last 12-month reporting period, which is way down from the peaks observed in 2013, 2015 (change to ‘three strikes’) and 2017, and relatively stable when averaged out over the past three years.

Suspending Other Accounts Due to Objectionable Content

While terminating 95,000 users in total for repeat copyright infringement offenses may sound like a lot, that figure is dwarfed when it comes to the action taken by the company against those who upload child exploitation and other objectionable content. Mega says that it has terminated 565,000 accounts for storing and sharing this type of content and in all cases account information was made available to law enforcement agencies.

“Although all files stored on Mega are encrypted prior to being uploaded to our system, and we therefore cannot access that content unless we are provided with the decryption key, Mega does have access to user registration information and the IP addresses used to access our services,” the company says in respect of handing user data over to the authorities.

“After 12 months, identifying information such as email and IP addresses is anonymized (except that email address records are retained for reference by the user’s contacts or where the user has participated in chats with other Mega users), but other related database records may be retained. This includes records of financial transactions relating to a user’s account where Mega is legally required to retain such information.”

Ladybbird · 17-02-21, 22:43

NZ Government Lawyers Spent 40,500 Hours Battling Kim Dotcom and Megaupload
TF, 16 FEB 2021

On 19 January 2012, the United States Department of Justice seized and shutdown Megaupload, a massive cloud-storage site founded by Kim Dotcom.

On the same day, Dotcom and several of his associates were arrested in New Zealand in a military-style raid on his rented mansion, carried out at the behest of US authorities. Ever since, the United States justice system has fought tooth and nail to have Dotcom, Mathias Ortmann, Finn Batato and Bram van der Kolk extradited. That has proven difficult, to say the least.

Unstoppable Force Meets Immovable Object

Whether US or New Zealand authorities expected a monumental fightback from their targets is unknown. But that is exactly what they got. Rather than backing down, Dotcom’s defense team hasn’t given an inch, with every substantial claim challenged in minute detail, and every counterclaim met with the same determination.

As a result, New Zealand’s courts have been kept busy for more than nine years, expending resources on several cases – many involving extradition matters – that are still not over. But while the outcome of this entire process remains uncertain, there can be no doubt over the scale of financial resources poured into the prosecution of Kim Dotcom.

Until now, only estimates of the true costs involved have been aired in public but thanks to an Official Information Act request and data published by NZ Herald (paywall), the cost to New Zeland’s taxpayers thus far are now up for scrutiny.

New Zealand’s Bill is Substantial and Growing

Earlier estimates of a few thousand hours spent on various Dotcom-related cases seemed to be within reason. However, the latest published figures show that government lawyers have already spent 40,500 hours working on these cases over the past decade. Or, as NZ Herald frames it, if the lawyers had been working 40-hour weeks, the effort exerted would be 19 years and six months.

Worryingly, that’s not the entire financial picture either. The data shows that on top of the 40,500 hours of government lawyer time, extra costs including external legal work, airfares, and general administration, account for an additional NZ$3.6 million (US$2.6 million) in expenditure.

Allocation of Legal Resources

Government spending on the Megaupload matter reportedly began before Dotcom was even arrested. In preparing the case against him, Crown Law – the office that provides legal advice and representation services to the government – had already spent 432 hours working on the case. Then in 2012, 2013, and 2014, more than 7,000 hours were expended each year dealing with the fallout.

And the fallout has been huge. Dotcom’s cases have expanded into an interconnected web of complex processes, dealing with matters such as illegal spying by government agencies through to the extradition case itself. In 2011, Crown Law was prepared for two proceedings. Since then the tally has grown to almost two dozen.

Goliath Versus…Goliath?

That a wealthy Pacific nation can afford to continue with expensive litigation over the course of a decade shouldn’t be a surprise but the fact that it is effectively up against the determination and resources of one man should be pause for thought.

Kim Dotcom has occasionally hinted at the scale of his legal bills since 2012, suggesting that they run into the tens of millions of dollars. How he has been managing to pay those bills after the authorities reportedly seized most of his assets isn’t completely clear but as recently as 2015, he was apparently “broke and destitute” and begging the courts for seized assets to be released.

Since then there has been little sign that Dotcom is struggling for cash, with his luxury lifestyle often portrayed on Twitter to the envy of many followers. How much he has spent on lawyers since 2012 isn’t revealed in the latest data but according to NZ Herald’s analysis, matching the New Zealand government’s expenditure would’ve cost Dotcom around NZ$25 million (US$18 million).

Not Over Yet

While Crown Law initially seemed somewhat unprepared for the expansive battle that eventually panned out, the office will have by now got the message that Dotcom isn’t one to back down. Despite all of the money spent on both sides to date, Dotcom is still entrenched in New Zealand and most probably will remain that way for years to come.

Meanwhile, Dotcom is as defiant as ever – both in court and on Twitter, of course.

40,000 hours wasted on this novel bull**** case which makes New Zealand look like an obedient colonial appendix defecating on their own rule of law in exchange for some “brownie points”. Embarrassingly dependent and spineless. But at least I don’t get Covid in New Zealand
— Kim Dotcom (@KimDotcom) February 16, 2021

Ladybbird · 23-02-21, 10:09

Kim Dotcom, United States & NZ Supreme Court All Agree to Court of Appeal Referral

Andy Maxwell, 22 Feb 2021

Ever since the Megaupload raids in 2012, the US Government has been trying to extradite Megaupload founder Kim Dotcom and former colleagues Mathias Ortmann, Bram van der Kolk, and Finn Batato to face a laundry list of offenses underpinned by allegations of mass copyright infringement.

Under New Zealand’s Extradition Act 1999, the US needed to show that the alleged crimes would result in a trial in New Zealand if those offenses had been committed there – i.e they are offenses in both countries. Several lower courts in New Zealand found that to be the case but the matter ultimately ended up at the Supreme Court.

Supreme Court Agrees – With Caveats

Last November, the Supreme Court agreed with the lower courts that the quartet could indeed be shipped to the United States. However, a significant technicality needed to be resolved first. In 2015, the District Court found that Dotcom and his former colleagues could be extradited but according to the Megaupload founder’s legal team, the Court made errors in its judgment.

In response, the lawyers demanded a judicial review but both the High Court and Court of Appeal denied that request. In last year’s extradition ruling the Supreme Court held that both lower courts were wrong to determine that Dotcom’s application for a judicial review was an abuse of process. A review should go ahead before extradition can take place, the Supreme Court ruled.

Supreme Court To Handle – or Back to the Court of Appeal?

Following the Supreme Court ruling last year, Dotcom’s lawyer Ron Mansfield noted that there must now be further argument at either the Supreme Court or Court of Appeal, but exactly where that discussion would take place was yet to be determined.

This morning a new Supreme Court judgment answered that question, revealing a split in the Megaupload camp and a rare moment of agreement between Dotcom and the US Government.

Penned by judges Winkelmann CJ, Glazebrook, O’Regan, Ellen France and Williams JJ, the judgment notes that following the conclusion that a judicial review is required, the Supreme Court sought submissions from all parties to determine whether the unresolved issues should be addressed at the Supreme Court or the Court of Appeal.

The US Government and Kim Dotcom told the Supreme Court that they would like the matter to be returned to the Court of Appeal, with Dotcom’s reasoning as follows:

“[A referral to the Court of Appeal] will ensure that, when the matter ultimately comes before [the Supreme Court], this Court will have the benefit of a reasoned appellate decision in the usual way. Otherwise, the Appellant is denied a right of appeal and the Court is denied the benefit of the issues on appeal having been appropriately considered and refined. This will also be a better utilization of this Court’s resources,” Dotcom’s submission reads.

According to the Supreme Court judges, the United States Government supported Dotcom’s submission for “largely the same reasons.” However, Mathias Ortmann, Bram van der Kolk, and Finn Batato asked for the process to take a different path.

With a request for the matter to be handled by the Supreme Court, the trio argued that since the Supreme Court has the most recent experience of the case, it would be best placed to deal with the outstanding issues. They also pointed out that whatever the decision by the Court of Appeal, one side or the other would seek to appeal that decision to the Supreme Court, putting the matter back to where it is now.

Case Going Back to the Court of Appeal

“We are reluctant to override the preference of Mr Dotcom and the United States, given that both attach importance to the potential for an appeal against the decision resolving outstanding issues,” today’s judgment reads.

“While we acknowledge the position of the other appellants, particularly their argument that remission to the Court of Appeal, with the possibility of a further appeal to this Court, could cause further delay, we consider it would not be appropriate for this Court to deal with the issues directly in the face of opposition from both Mr Dotcom as the other appellant and the United States as the respondent.”

In short, the case will now go back to the Court of Appeal, in line with the requests of Dotcom and the US. However, while the parties agree on location, the Supreme Court acknowledges that there is “substantial division” over which issues remain unresolved, so that will be something the Court of Appeal will have to preside over.

Even More Delay, More Hours Billed By Lawyers

As reported last week, New Zealand tax payers are already in the hole for at least 40,500 hours of time spent by government lawyers fighting Dotcom and his former colleagues. The decision by the Supreme Court means that tally will rise further still, with the case first going to the Court of Appeal then back to the Supreme Court. And that won’t be the end of the matter either.

When an extradition is approved, New Zealand’s Justice Minister is required to sign the warrant. In this case, however, his or her decision (who knows who will be in the role at the time) could be sent to the High Court for a review, on to the Court of Appeal in the event of a further dispute, and even back to the Supreme Court.

The judgment can be found here (pdf)
.

Ladybbird · 08-10-21, 12:45

Kim Dotcom: The Most Wanted Man Online (Cyber Crime Documentary)

BBC News 8 OCT 2021.

The larger-than-life story of Kim Dotcom, the ‘most wanted man online’, is extraordinary enough, but the battle between Dotcom and the US Government and entertainment industry—being fought in New Zealand—is one that goes to the heart of ownership, privacy and piracy in the digital age.

Kim Dotcom (born Kim Schmitz, 21 January 1974), also known as Kimble and Kim Tim Jim Vestor, is a German-Finnish Internet entrepreneur and political activist who resides in Queenstown, New Zealand. He first rose to fame in Germany in the 1990s as an Internet entrepreneur and was convicted on charges of computer fraud in 1994.

Ladybbird · 12-10-21, 09:14

Megaupload Lawsuits Remain in Limbo After Nearly 10 Years Passed

TF 12 OCT 2021.

Ten years ago, online streaming hadn’t fully caught on yet and Netflix still had dozens of active DVD-mailing locations throughout the United States.

Streaming piracy was relatively new as well with most ‘pirates’ still downloading movies from torrent sites or cyberlockers.

While cyberlockers have plenty of legal uses, copyright holders viewed most of these services as pirate portals. This included Megaupload, which was by far the largest platform in this business.

Dark Clouds Looming

In hindsight, the end of 2011 was a crucial period. Megaupload was more popular than ever, something highlighted in the “Megaupload Song“, an unprecedented PR campaign featuring P Diddy, Will.i.am, Alicia Keys, Kanye West, Snoop Dogg, Kim Kardashian, Floyd Mayweather, and other stars.

What Megaupload and its founder Kim Dotcom didn’t know was that, at the same time, U.S. law enforcement was gearing up to bring the site down. A few weeks later, hundreds of Megaupload servers were seized while Dotcom’s mansion in New Zealand was raided in a military-style operation.

Fierce Extradition Battle

The U.S. Department of Justice teamed up with New Zealand police and hoped that Dotcom and several other Megaupload defendants would be swiftly extradited. That was idle hope.

The Megaupload defendants fiercely contested the extradition request, which they are still doing to this day. After spending millions of dollars in legal fees, the end of this process is still nowhere in sight.

Without extraditions, the criminal proceeding in the U.S. remains pending and the latest update in the court docket dates back five years.

RIAA and MPA Cases Postponed

This delay also affects the civil cases filed by the RIAA and the MPAA, which plan to hold the Megaupload defendants liable for millions in music and movie piracy damages respectively.

Since the civil cases can potentially influence the criminal proceedings, Megaupload’s legal team previously asked to put these cases on hold, and last week they requested another extension, which was swiftly granted by the federal court in Virginia.

With no objections from the MPA and RIAA, it is no surprise that the stay until April 2022 was granted. If anything, these motions serve as a bi-annual reminder of the lack of progress in the Megaupload case.

The extradition process in New Zealand may very well continue for several more years. And in the event that the defendants are extradited, it will take much longer before the criminal case concludes. This means that 2022 may eventually become, 2023, 2025, 2032, and so on.

Ladybbird · 21-10-21, 13:47

MEGA 144,000+ Users Have Been Terminated For Repeat Copyright Infringement

T.Freak 21 OCT 2021.

Famously founded by Kim Dotcom a year after the 2012 shutdown of Megaupload, Mega has grown to become one of the most popular cloud storage sites online today. Dotcom is no longer involved with the platform but that hasn’t affected its growth.

In its launch year Mega hosted just 0.6 million files but just 12 months later, that had grown to an impressive 3.6 billion. By 2019, the number of files stored had swelled to 63.8 billion and last year that figure grew further still, topping out at 84 billion files.

This data is presented in Mega’s annual transparency report and this week the company published its latest set, revealing that it now has 230 million users in more than 200 countries and territories. Together those users are storing more than 100 billion files utilizing end-to-end encryption, meaning that the platform continues to grow.

Copyright Infringement & Content Removal

Right from the beginning, Mega has been promoted as a privacy platform, meaning that not even the company itself is able to look at what content is being stored on its servers. This is a welcome feature for users but it’s still possible for them to share stored content with outsiders, as long as links are distributed with a decryption key.

It follows then that some Mega users utilize the service for sharing copyrighted content including movies, music and TV shows, much as they had done with Megaupload. In what appears to be a clear effort to distance itself from its predecessor, however, Mega is overtly public about what actions it takes to tackle infringement in response to valid or at least uncontested copyright holder requests.

During the most recent reporting period spanning 12 months to September 2021, Mega received more than 2.3 million takedown requests from copyright holders, up from around 1.2 million in the previous reporting period. The company says that it aims to process takedowns within a maximum of four hours, with most takedowns being actioned within minutes.

Mega takedowns 2021 transparency

“The number of files which have been subject to such takedown notices continues to be very small [compared to overall files stored], indicative of a user base which appreciates the speed, flexibility and privacy of Mega’s systems for legitimate business and personal use,” the company says.

“In Q3 2021, the links taken down represented 0.0007% of the 107 billion files uploaded to Mega servers.”

In common with many online platforms that handle user-uploaded content, Mega also processes copyright counternotices, which allow those wrongfully targeted with a takedown request to file an objection. The company says that most of the counternotices it receives are both genuine and appropriate but the number it receives is vanishingly small.

In the previous reporting period, Mega processed 20 counternotices. In the latest, that had dropped to just 13, none of which were contested by the original complainant. This suggests that the overwhelming majority of copyright complaints are genuine, with possibly a small number targeting files that users simply don’t care enough about.

Repeat Infringer Policy

After initially operating a “five strikes” policy, in 2015 Mega introduced a “three strikes” regime that remains in place today.

“Mega suspends the account of any user with three copyright takedown strikes within six months. In some cases, the account can be reinstated after it is proved to be the subject of invalid takedown notices, but most suspended accounts are terminated,” the company says.

Account suspensions for alleged copyright infringement peaked in the third quarter of 2017 at just over 8,000 but tailed off to a relatively steady 2,000 to 2,500 suspensions per quarter thereafter. In the 2019/20 period, Mega suspended a total of 8,845 accounts, a number that increased to 9,716 in the most recent 12-month period.

Added together, the total number of accounts suspended is large but as Mega is keen to point out, the overall number of users on the platform should be considered for context.

“As at 30th September 2021, Mega had suspended 144,813 users for repeated copyright infringement. The data below shows that suspensions are a very small % of the number of registered users,” its new report reads.

Mega Repeat Infringers

Storage of Personal Data

Finally, Mega reports that it currently stores “very limited” non-encrypted personal data on servers in New Zealand, Canada and/or Europe, suggesting none in the United States. This data includes users’ email addresses and “some activity” relating to account access, file uploads, shares, and chats.

However, digging into the service’s privacy policy reveals that when people use Mega, its systems retain metadata including IP address and port information for logins, API usage, file uploads, folder creations and link exports. This means that if a user shares a file in public with a decryption key attached, copyright owners can identify the content and potentially link that to an account at Mega carrying personal data.

Mega also stores the email addresses of anyone that users have contacted using Mega’s systems, the email addresses of chat participants, plus chat commencement and duration times.

Account data is kept for as long as accounts are active and in the event that an account is suspended or terminated, the company ‘may’ hold that data if enforcement action takes place or is likely. After 12 months, if no action is apparent, account data will be anonymized with the following condition:

“[W]here you are a contact of, have had a folder shared with you by, or have chatted with, another MEGA user, those details will continue to be retained to allow services to continue for those other users,” the company writes.

“If we think it is necessary or we are obliged by law in any jurisdiction, then we are entitled to give Your Files, Your Chats, any Account Data and any Usage Data to competent authorities, even if those items are encrypted. We reserve the right to assist any law enforcement agency with investigations, including disclosure of information to them or their agents.”

Ladybbird · 21-12-21, 14:17

Kim Dotcom Suffers Setback in His U.S. Extradition Battle

Next month, a full decade will have passed since the file-storage empire of Kim Dotcom collapsed after Megaupload became the prime target in a high profile law enforcement operation.

T.Freak 21 DEC 2021.

Despite all the time that since passed, the New Zealand-based entrepreneur and his former colleagues are still waiting to hear whether they will be extradited to the US where a criminal prosecution is pending.

With the stakes this high, no legal resources are being spared. Several millions of dollars have been poured into this legal battle since 2011 and the end is still not in sight.

Last year, the Supreme Court of New Zealand ruled that Kim Dotcom, Bram van der Kolk and Matthias Ortmann can indeed be extradited to the United States. However, this still wasn’t set in stone, as judicial reviews and appeals were still pending.

Supreme Court Denies Leave to Appeal

One of the potential appeals was rejected today, which brings bad news for Dotcom and his former Megaupload colleagues. The defendants requested to challenge an earlier Court of Appeal decision, where a judicial review appeal was dismissed.

Dotcom and the other two defendants characterized that dismissal as a miscarriage of justice. It would be of public importance to challenge it further, they argued.

Among other things the Megaupload defendants believed that the Court of Appeal didn’t properly assess whether the provided evidence was sufficient. In addition, Dotcom challenged the Court’s refusal to enforce his Privacy Act requests.

No Miscarriage of Justice

After reviewing the arguments from both sides, Supreme Court Justices Winkelmann, O’Regan, and France denied the request for further appeal on these grounds. The Supreme Court concluded that no grave mistakes were made.

“We are satisfied that nothing raised by the applicants gives rise to the appearance of a miscarriage of justice in the Court of Appeal’s factual assessment,” the order reads.

“Nor do we see any error in the approach of the Court of Appeal to the question relating to the enforcement of Mr Dotcom’s Privacy Act requests or Messrs Ortmann and van der Kolk’s application to adduce further evidence on the remitted appeal.”

The Supreme Court acknowledges that the three Megaupload defendants raised a variety of issues during the court hearings. Not all were disregarded but the Court doesn’t believe that the arguments are sufficient to justify an appeal.

“We do not consider there is anything more that this Court needs to do in relation to the proposed appeals, given our conclusion that no miscarriage has arisen,” the Justices write.

Megaupload’s Legal Fights Are Not Over

While the Supreme Court’s decision is a setback for the Megaupload trio, it is likely not the last legal battle they will fight in this case. Meanwhile, the criminal and civil cases against Megaupload remain on hold in the US.

TFreak reached out to Kim Dotcom who didn’t immediately reply. On Twitter, the entrepreneur mentions that he’s “unfazed,” inviting people to tune into his Twitch streams early next year.

“I’ll start live streaming in January. Join me. 2022 will be fun,” Dotcom says.

Ladybbird · 10-05-22, 13:33

Megaupload Pair Sign Deal to Avoid Extradition, Dotcom Vows to Fight On

Andy TF 10 MAY 2022

January 2, 2022 marked the 10-year anniversary of the dramatic shutdown of Megaupload and other properties in the file-sharing and streaming empire of Kim Dotcom.

For much of that time, Kim Dotcom and co-defendants Mattias Ortmann, Bram van der Kolk and Finn Batato have fought extradition to the United States to face copyright infringement, racketeering and money laundering charges. Over time, however, extradition has been slowly taken off the table for most of the main defendants.

Former Megaupload marketing manager Batato previously had his extradition case dropped on health grounds and today it was the turn of both Ortmann and van der Kolk to reveal that they too will avoid the US justice system.

“New Zealand is Our Home Now”

In a joint statement published via Mega Limited, the New Zealand file-sharing service where Ortmann and van der Kolk now play key roles, the pair recall that after a Supreme Court decision in 2021, they were both ruled eligible for extradition to the United States.

Their case was referred to NZ Minister of Justice Kris Fa’afoi for a final and potentially difficult decision. The details of what happened next have not been revealed but the key outcome is that Ortmann and van der Kolk will not be extradited to the United States, albeit with significant strings attached.

“New Zealand is our home now and we want to stay here. The continuing uncertainty associated with the extradition case has taken a heavy toll on our lives and the time has come to move on,” their statement reads.

“Accordingly, we have reached an agreement with the New Zealand Government and the United States of America under which we have agreed to be charged in New Zealand for offenses similar to those we face in the United States. Once those charges are heard by the New Zealand courts, the United States will withdraw its extradition proceedings against us.”

Given that they are now involved in a new legal process, the pair say they will be making no further comment. The same cannot be said for Kim Dotcom, the most high-profile of the Megaupload defendants, who remains eligible for extradition and could face decades in prison in the US.

Dotcom: “Former Friends” Will Give Evidence Against Me

In a series of tweets responding to the news this morning, Kim Dotcom offered his congratulations to Ortmann and van der Kolk for avoiding the “terrible US justice system”, noting that he doesn’t blame his “former friends” and understands why they have “given up.”

Quite when the friendship between the men ended is unclear. They haven’t been seen in public or pictured privately together for years but Dotcom predicts they will now admit liability and help in the case against him.

“My co-defendants in the Megaupload copyright case, Mathias and Bram, have made a deal with the US and New Zealand Government to accept liability and to become witnesses against me. They will be charged in New Zealand and will no longer face extradition to the United States,” Dotcom writes.

“I’m now the last man standing in this fight and I will continue to fight because unlike my co-defendants I won’t accept the injustice we have been subjected to,” Dotcom continues.

“If I have to go to jail for what Megaupload users did on our site then many Big Tech CEOs are in the same boat with me.”

What Next For The Megaupload Defendants?

Dotcom has a reputation as a fighter and may yet pull several rabbits out of multiple hats to a) avoid extradition or b) pull off an extraordinary win in the United States, should he ever be sent there.

At this stage and after a decade of battles and tens of millions of dollars spent in his defense, nothing can be ruled out. But where once there were many diverse options for a counter-attack, opportunities seem to be narrowing.

By appearing to rule out any deal that would find him liable for wrongdoing either in New Zealand or the United States, Dotcom will necessarily find himself up against legal systems and successive governments that he has continuously labeled as corrupt.

Dotcom’s default stance is that his business was destroyed by Hollywood with vital help from President Biden so in response and over many years, Dotcom has launched personal attacks on both Biden and members of his family. The same can be said of multiple politicians in New Zealand too. According to Dotcom, he cannot get a fair trial anywhere.

This has undoubtedly turned Dotcom into a political hot potato, one that refuses to lie down and says he will reject any deal, even if one was offered to him. On the other hand, the positions of Ortmann and van der Kolk, who have remained largely silent for the last 10 years, are much more certain and at least relatively free from the political complications surrounding Dotcom.

The charges the pair will face in New Zealand are yet to be reported but if they are brought under the Copyright Act, financial penalties of up to NZ$10,000 for “every infringing copy” but not exceeding NZ$150,000 “in respect of the same transaction” are available.

The defendants could alternatively face up to five years in prison but if we take Dotcom’s claims at face value, a guilty plea at the earliest opportunity seems to be a foregone conclusion, so significant 25%+ reductions could apply. Add in the claim that the men are set to offer evidence against Dotcom and the fact they are not violent offenders, they could be eligible for release after serving a third of any sentence.

Previously, Estonian programmer Andrus Nomm, who reportedly earned $3,200 per month at Megaupload, pleaded guilty to criminal copyright infringement in the United States where sentences are usually much harsher.

He was sentenced to a year and a day in prison after going on record that Dotcom and his former colleagues knowingly profited from copyright infringement.

Ladybbird · 12-05-22, 11:33

Kim Dotcom Could Seek New Zealand Trial After Co-Defendants Strike Deal

Often described as the biggest case in copyright history, the so-called ‘Mega Conspiracy’ battle has been living up to its billing since 2012.

Andy TF, 12 May

For at least a decade, Kim Dotcom and co-defendants Mattias Ortmann, Bram van der Kolk, and Finn Batato faced a mountain of charges in the United States, a country that has never been visited by the former.

More recently, however, there has been a significant shift in positions, meaning that just one of the quartet still faces being shipped there against their will.

Former Megaupload marketing manager Batato previously had his extradition case dropped on health grounds and yesterday Ortmann and van der Kolk revealed that they too will avoid the US justice system, despite being ruled eligible for extradition by New Zealand’s Supreme Court.

The men said they had reached an agreement with the New Zealand Government and the United States to face charges in New Zealand instead. Once their ‘new’ case is heard in a local court, extradition proceedings will be dropped, meaning that just one person will remain a ‘Mega Conspiracy’ fugitive according to the US.

The Fugitive Fighter & Former Friends

The charges against Ortmann and van der Kolk are believed to have been filed this week. The men say they are “similar” to those brought against them in the United States but the world will have to wait a little longer to discover exactly what they are and, crucially, what kind of plea the defendants will subsequently enter. In the meantime, Dotcom says he knows how things will play out.

According to the Megaupload founder, his former friends will “admit liability” and “become witnesses” against him. There is no public information to confirm these predictions but if they do turn out to be accurate, Dotcom’s case could become even more complicated than it is now.

Dotcom says that, unlike his co-defendants, he will never accept the injustices that all four of them have suffered so his plan is to fight on. There’s no reason to doubt that claim given Dotcom’s track record but that raises the question of what the split parties are now fighting for and what that means for their respective futures.

Uncertainty is Inevitable – But Can Be Managed

Ortmann and van der Kolk (who are on record as wanting to “move on”) no longer have to fight extradition, so in one sense they are already ahead of Dotcom. Their next challenge will be to deal with the charges against them by either mounting a full defense or admitting guilt, as Dotcom has suggested. That raises more questions.

In the last few hours, Dotcom said that if Ortmann and van der Kolk do admit liability, that will go against what they have argued all along, i.e none of the defendants in the “Mega Conspiracy” did anything illegal.

“My co-defendants don’t believe that they are criminals or members of an organized criminal group, they have said so repeatedly and that’s the truth,” Dotcom wrote.

Of course, the law allows defendants to change their position and in this case, it remains unclear what (if anything) they will admit liability for in a new set of charges. So what then of Dotcom’s claim that Ortmann and van der Kolk will “become witnesses” against him, potentially undermining his legal position?

“My co-defendants can’t help the DOJ [US Department of Justice]. We have hours of recorded conversations with them that make any testimony against me worthless. My co-defendants are aware of the recordings. I wonder if they disclosed that to the DOJ. Probably not,” Dotcom added.

With Ortmann and van der Kolk’s extradition battle all but over, questions are being raised over why they are in a seemingly favorable position and Dotcom is not. That should become clearer when the new charges are revealed and their official responses heard. In the meantime, Dotcom says that if they have the legal right to be put on trial in New Zealand, so should he.

A New Zealand Jury Could Be Of Interest

Dotcom claims that his co-defendants have made a “deal of convenience” but if they can have their case heard in New Zealand courts, he should have that opportunity too.

“My legal team may try to have my case heard in New Zealand Courts too, with a jury of New Zealanders,” Dotcom says.

“The difference is I would never accept any charges and I will defend myself to clear my name. If New Zealand can decide the case of my co-defendants I should have the same right.”

While Dotcom’s massively talented and extremely expensive legal team will explore any and all available options, the “agreement” reached by Dotcom’s colleagues with New Zealand and US authorities suggests that some kind of negotiation has taken place.

In New Zealand, the prosecution and defense can reach an understanding on what charges will result in a guilty plea. Actioned before trial, the prosecutor may reduce the number of charges and/or charge the defendant(s) with less serious offenses. Other implications are the reduction of costs for all parties and the securing of a conviction, something a trial cannot guarantee.

Appropriate sentencing is decided by the court but a guilty plea for non-violent crimes can also yield significant sentencing discounts. However, the issue with all of the above is that in Dotcom’s case, he is absolutely insistent he has done nothing wrong and won’t accept anything that doesn’t fully recognize that. It’s a tough position to incorporate into any agreement requiring quid pro quos.

Nevertheless, Dotcom says the shift in his co-defendants’ position means that “a new portal has opened” for his case too. That will no doubt be explored from every conceivable legal angle but in the meantime, he’s criticizing governments both at home and abroad for the very existence of his predicament.

“The reality is the New Zealand Govt has allowed itself to become a party to a corrupt White House conspiracy to destroy #Megaupload in exchange for Hollywood donations to the Obama and Biden 2012 re-election campaign,” he concludes.

Ladybbird · 22-06-22, 12:21

Megaupload Pair Plead Guilty, -Kim Dotcom Turns Anger on Former Friends

Andy Maxwell TF, 22 Jun

After 10 years of legal battles following the closure of Megaupload, former executives Mathias Ortmann and Bram van der Kolk want to put their ordeal behind them.

The prospect of being extradited to the United States to face copyright infringement, racketeering and money laundering charges proved to be a heavy burden for the men, so when an opportunity emerged to stay in New Zealand, they took it.

This May they announced that a deal had been struck with the New Zealand Government and the United States under which they had agreed to be charged in New Zealand for offenses similar to those they would’ve faced in the US. This meant that they would not have to be extradited to the US and if convicted, any sentence would be served in New Zealand.

Just over a week later, a planned hearing at the Auckland District Court was transferred to the High Court where 50-year-old Ortmann and 39-year-old van der Kolk would later stand accused of conspiring as part of an “organized criminal group” to unlawfully profit from copyright-infringing material.

Ortmann and van der Kolk Plead Guilty Today

The existence of a deal suggested that the men would plead guilty and at the High Court this morning, that was confirmed. Both pleaded guilty to being involved in an organized crime group, conspiring with Kim Dotcom and others to cause loss by deception to copyright holders by hosting and distributing infringing content via Megaupload and its associated websites, for financial gain.

The summary of charging facts states that Ortmann was a 25% shareholder of Megaupload Limited and made around US$19 million from Megaupload. Colleague van der Kolk had a 2.5% share of the company and received approximately US$3 million.

“The defendants’ technical knowledge was indispensable to the creation and growth of Megaupload. Mr Dotcom ultimately determined matters of policy and direction but lacked the practical expertise to carry his wishes into effect,” the statement of facts reads.

“He relied on the defendants to set up and run the technical infrastructure of Megaupload. The offending would not have been possible without their involvement.”

Ortmann-van der Kolk Summary of Facts

Ortmann and van der Kolk were convicted based on their guilty plea by Justice Sally Fitzgerald. The men will remain on bail and a sentencing date will be decided in October.

In a video interview outside the High Court, the men said that accepting the charges represented another step towards putting the ordeal behind them and moving on with their lives.

“It’s another step towards putting Megaupload behind us,” Ortmann told Stuff. “It’s been 10 years, we are now living in the future with Mega. We have founded a new cloud storage business so there is absolutely no point in dwelling on these proceedings any longer and we are putting it behind us.”

Men Want to Contribute to New Zealand’s Future

After a decade of fighting attempts by the United States to remove them from New Zealand, the men say they are now firmly rooted in New Zealand and want to build a future in the country. Ortmann said the pair want to contribute to New Zealand as good citizens, a sentiment echoed by van der Kolk.

“We’ve worked incredibly hard on Mega and we strongly feel that our rehabilitation process has started a long time ago. We are very proud of what we have built and we are very much looking forward to being able to continue to build, because we still have a lot of work to do,” van der Kolk said.

“We want to focus on productive things and do great things for society – and learn from our mistakes.”

Kim Dotcom Turns His Anger on ‘Former Friends’

Kim Dotcom is not part of the deal struck by Ortmann and van der Kolk. For 10 years he has repeatedly insisted that he will never give in, never accept guilt, and will fight the New Zealand and US governments to the bitter end.

With that being the case, pleading guilty was always off the table but this morning Dotcom’s lawyer Ron Mansfield alluded to preferential treatment of Ortmann and van der Kolk to the detriment of his client.

“The real question is why Mr Dotcom has not been offered a prosecution here and why our system of justice has become so preferential to a select few and only when it serves the government’s interest,” Mansfield told Stuff.

As for Dotcom, his attitude towards Ortmann and van der Kolk has shifted markedly in the space of a month. When their plea deal was announced in May, the Megaupload founder said he didn’t blame the men for “giving up.” In a series of Tweets this morning he accused them of stealing a company from him…..

…. and facilitating spying at their new company Mega, via the creation of backdoors, to the benefit of the Chinese government.

The allegations regarding Mega were made in response to a detailed report that alleges that Mega was vulnerable to five attacks that together allow for a “full compromise of the confidentiality of user files.”

Mega was reportedly informed privately of the issues in March and according to a security notification penned by Mathias Ortmann, Mega has now released software updates that fix a critical vulnerability.

Ladybbird · 28-06-22, 09:04

Megaupload Pair Convicted: The Specific Crimes They Admitted in Detail

Ten years is a long period of time in anyone’s life so when former Megaupload executives Mathias Ortmann and Bram van der Kolk spotted a light at the end of the tunnel, they understandably took it.

Andy Maxwell, 28 Jun 2022

After more than a decade of fighting US extradition, the men recently reached an agreement to be charged and sentenced in New Zealand instead.

Not having to spend years fighting a criminal case in the United States potentially followed by a decade or two in prison is a victory in itself but having spent between a quarter and a fifth of their lives in legal limbo, Ortmann and van der Kolk had clearly had enough.

With the authorities in the US and New Zealand holding most of the cards, the men would’ve faced a series of high-stakes gambles by continuing to fight. With the odds of winning diminishing with every new roll and financial costs almost certainly set to explode no matter what the outcome, the decision to limit damages early is also one that allows the men to move on.

Last week the former Megaupload pair pleaded guilty, were convicted by a judge in New Zealand’s High Court, and now await sentencing. The crimes they admitted to in New Zealand are supposed to be similar to those they faced in the United States. In reality they are massively simplified and carry nothing like the maximum sentences available for the offenses listed in the US superseding criminal indictment dated January 16, 2012.

Megaupload Was Intended for Piracy

According to Ortmann and van der Kolk’s charging document, Megaupload was conceived, designed, and operated as a piracy-facilitating site right from the beginning. Together with Kim Dotcom, the trio reportedly noticed how much money Rapidshare was making from large-scale copyright infringement and set out to mimic it.

The objectives of the ‘organized criminal group’ behind Megaupload were to encourage the uploading of highly popular files knowing they were “overwhelmingly” infringing, to host and distribute those files, and to disguise the volume of infringing content on the site. Another objective, according to the document, was to frustrate the efforts of copyright holders who wanted their content removed.

Megaupload generated advertising revenue due to the popularity of the copyright-infringing content. The pirated content also attracted users who were incentivized to purchase premium subscriptions.

Ortmann and van der Kolk admitted that the primary source of Megaupload’s traffic, its primary income, and the reason for its popularity, were all down to the infringing content available on the site. And they knew that mass copyright infringement was hurting rights holders

Participation in an Organized Criminal Group

Ortmann and van der Kolk were convicted on four charges in total. Charges 1 and 2 relate to offenses contrary to sections 98A and 7A of the Crimes Act 1961.

Section 98A of the Crimes Act 1961 states that a person commits an offense and is liable to imprisonment for participating in an organized criminal group.

Under this law and in this case, an organized criminal group is in broad terms three or more people with an objective to obtain material benefits from the “commission of offenses” that are locally punishable by a four-year prison term. If benefits were obtained outside New Zealand and would’ve attracted a four-year sentence locally, the same standard applies.

Section 7A of the Crimes Act 1961 relates to offenses that occurred wholly outside New Zealand but can be prosecuted locally. The legislation has a primary focus on terrorist acts but offenses contrary to Section 98A are also covered.

The first charge relates to offenses under 98A and 7A and carries a maximum sentence of five years imprisonment. The second charge is identical but carries a ten year maximum sentence. This suggests that some of the crimes took place when five years was the maximum sentence for participating in a criminal group. The remainder came after New Zealand upped the maximum to ten years to discourage organized and gang crime.

Conspiring to Cause Loss by Deception

The third charge relates to offenses contrary to sections 240(1)(d) and 310 of the Crimes Act 1961.

Section 240(1)(d) states that someone found guilty of obtaining by deception (or causing loss by deception) by any deception and without claim of right, “causes loss to any other person.” Section 310 states that someone found guilty of conspiring with any person to commit an offense is liable to imprisonment for a term not exceeding seven years.

In the charging document, various acts of deception are attributed to Ortmann, van der Kolk and/or Kim Dotcom. They include telling NBC Universal that it was impossible to host infringing videos on sister site Megavideo and informing the USTR that Megaupload had a repeat infringer policy, had terminated 120,000 repeat infringers, and deleted infringing content worldwide, not just the United States.

Assurances were also given to PayPal that infringing content had been taken down and uploaders had been blocked but “only a few” of the uploaders were tackled, the document says.

Conspiring to Dishonestly Obtain Documents

The final charge relates to offenses contrary to sections 228 and 310 of the Crimes Act 1961. Section 310 relates to conspiracy (as above) while section 228(1)(a) is much more unusual.

“Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to obtain any property, service, pecuniary advantage, or valuable consideration, dishonestly and without claim of right, takes or obtains any document,” it reads.

At the time of writing, New Zealand courts are most likely to hand down concurrent sentences. This means that separate sentences are handed down for each offense committed but those sentences are served simultaneously.

Given that the maximum sentence available for any of the above offenses is 10 years, Ortmann and van der Kolk are unlikely to face a sentence longer than that.

They also admitted guilt as soon as they were charged in New Zealand so there could be a sentencing reduction of 25%. Neither are violent offenders so could be eligible for release after serving just a third of their sentence.

While the sentencing judge will seek to hold the men accountable, after more than a decade of proving they can be responsible citizens of value to New Zealand (and in effect are rehabilitated already), a short sentence isn’t out of the question.

Kim Dotcom believes they may get just two years of home detention but while charges might be negotiable, sentence deals are expressly forbidden.

Finally, it’s worth noting the nature of these charges. Ever since the raid of Megaupload in 2012, Kim Dotcom has warned that if he goes to prison for hosting someone else’s infringing content on Megaupload, that could be disastrous for all service providers in New Zealand since there would be no ‘safe harbor’ for services under copyright law.

Whether by design or not, the charges above may have copyright infringment as the underlying acts but they seem to pose no threat to the status quo. Indeed, they don’t rely on the technical aspects of the Megaupload service at all but instead rest on the trio’s previously private discussions relating to copyright infringement and what wasn’t done to

prevent it.

The full charging document can be found here (pdf)

Ladybbird · 27-09-22, 00:25

Kim Dotcom Took on a Pro-Ukraine Meme Group & Got Utterly ****posted

Following the Twitter account of Megaupload founder Kim Dotcom every single day for the last ten years is a requirement for keeping up to date with the largest copyright infringement case of all time.

Andy Maxwell, 27 SEP 2022

It’s also pretty depressing, not to mention exhausting. Copyright law has always been controversial, but rarely this political or to these depths.

Dotcom’s association with massively successful tech platforms and his ability to inspire positivity among certain sections of the tech community has largely given way to a quagmire of anti-American politics generously dipped in conspiracy theories. Or, depending on perspective, the hidden truth that ‘they’ don’t want you to know about. Dotcom was hit hard by the US Government and he’s been trying to return the favor for more than a decade.

In a mostly free world where discourse is encouraged, there is absolutely nothing wrong with having alternative or even unpopular opinions. It’s Dotcom’s Twitter account and it carries his views. Anyone who doesn’t like them is free to immediately unfollow and read about something else.

Those without that option will have read many times that if there is something bad in the world, the ‘US Empire’ is either directly behind it or playing a key manipulating role. Whether it’s the takedown of Megaupload, COVID-19, financial and/or fuel crises, the control of the mainstream media, or a lack of interest in the contents of Hunter Biden’s laptop, look no further than the US Government.

Or Joe Biden personally. Or the CIA. And/or Deep State actors.

Russia’s invasion of Ukraine is absolutely no different, at least according to Dotcom’s tweets since February. While it may appear that Putin is the aggressor, Dotcom says he was deliberately pushed into attacking a neighboring country by the cunning of the United States, which provoked a proxy war to weaken its enemy by expending Ukrainian lives, not those of Americans.

Just a few days after Putin sent tens of thousands of soldiers across the border, Dotcom had all the big answers to the world’s most pressing problem. None of them involved stopping the killing by reversing an invasion. All of them involved giving Putin exactly what he wanted, critics on Twitter wrote.

To find peace, Dotcom said that Ukraine needed to meet Russia’s demands right away, including the surrender of more sovereign territory and a formal acknowledgment that territory already lost was so important to the Russia, it should stay in Russia’s hands.

Ladybbird · 31-03-23, 06:49

MPA and RIAA Megaupload Lawsuits Are Now Inactive

More than a decade has passed since Kim Dotcom’s file-storage empire Megaupload collapsed after becoming the prime target in a high-profile law enforcement operation.

TF 31 MAR 2023

The U.S. Government booked an early result in 2015 when programmer Andrus Nomm was handed a one-year prison sentence following a plea deal.

The case lit up again last year when two of the three remaining defendants, Mathias Ortmann and Bram van der Kolk, signed an agreement to be charged in New Zealand and avoid extradition to the United States. That left Kim Dotcom as the sole ‘active’ extradition candidate.

As Dotcom’s extradition battle continues, the U.S. Government’s criminal case has stalled along with a pair of civil lawsuits filed by the RIAA and MPA. These are not expected to begin until the criminal case is finalized, which could take a while.

MPA and RIAA Cases Postponed Again

Over the past several years, Megaupload has repeatedly asked the court to delay these lawsuits. This bi-annual postponement cycle began in 2014 and continued earlier this month.

“Defendant Megaupload hereby moves the Court to enter the attached proposed order, continuing the stay in this case for an additional six months, subject to the terms and conditions stated in the proposed order,” the requests note, adding there are no objections from the RIAA and MPA.

As expected, District Judge Anthony J. Trenga – who took over the Megaupload lawsuits after complaints about Judge Liam O’Grady’s alleged financial ties to Disney – swiftly signed off on the new six-month delays.

“This matter be stayed until September 1, 2023, on the same terms and conditions as set forth in the Court’s original stay order,” the order reads.

Stricken From Active Docket

Interestingly, there is a notable difference compared to earlier orders. One day after extending the stay in both the RIAA and MPA lawsuits, the court struck both cases from the active docket, marking the lawsuits inactive instead.

“It appearing to the Court that this case has been stayed nearly continuously since June 10, 2014, it is hereby ORDERED that this case be, and the same hereby is, STRICKEN from the active docket and placed on the inactive docket,” Judge Trenga writes.

Marking the case as inactive makes sense, as no progress is expected anytime soon. A decision on whether to extradite Kim Dotcom could take years and even if he was eventually sent to the United States, criminal proceedings could take another decade to complete.

There is one notable caveat. Kim Dotcom’s former business associates, Mathias Ortmann and Bram van der Kolk, remain defendants in the civil lawsuits and pleaded guilty in the criminal matter. The Megaupload pair will be sentenced in New Zealand soon, but what that means for the civil cases in the U.S. isn’t immediately clear.

If there’s an indication that the civil cases can move forward, the lawsuits can be moved to the active docket again. For now, however, they remain in hibernation.

Dotcom, meanwhile, continues to build his online following, inserting himself into political, financial, and other global debates. When the need arises, he will likely turn his attention to the Megaupload battle again.

Ladybbird · 19-06-23, 22:39

Former Megaupload Executives Sentenced to 2.5 Years in Prison

Faced with extradition to the United States to face copyright infringement, racketeering, and money laundering charges, last year Mathias Ortmann and Bram van der Kolk made a big decision.

TF 19 JUNE 2023

In May 2022, the former Megaupload executives revealed that they had signed a deal to avoid extradition and would be charged with crimes in New Zealand instead. One month later, the men pleaded guilty to a raft of crimes, safe in the knowledge that any sentence would be served in New Zealand, not in a U.S. prison cell.

Megaupload founder Kim Dotcom was not part of the deal.

The summary of charging facts stated that Ortmann was a 25% shareholder of Megaupload Limited and made around US$19 million from Megaupload. Colleague van der Kolk had a 2.5% share of the company and received approximately US$3 million.

“The defendants’ technical knowledge was indispensable to the creation and growth of Megaupload. Mr Dotcom ultimately determined matters of policy and direction but lacked the practical expertise to carry his wishes into effect,” the statement of facts noted.

“[Dotcom] relied on the defendants to set up and run the technical infrastructure of Megaupload. The offending would not have been possible without their involvement.”

Charges and Convictions

In June 2022, Ortmann and van der Kolk were convicted on four charges in total. Charges 1 and 2 related to offenses contrary to sections 98A and 7A of the Crimes Act 1961.

Section 98A of the Crimes Act 1961 states that a person is liable to imprisonment for participating in an organized criminal group; three or more people with an objective to obtain material benefits from the “commission of offenses” that are locally punishable by a four-year prison term. Section 7A of the Crimes Act 1961 relates to offenses that occurred wholly outside New Zealand but can be prosecuted locally.

The first charge related to offenses under 98A and 7A which carry a maximum sentence of five years imprisonment. The second charge was identical but carries a ten-year maximum sentence. The third charge related to offenses contrary to section 240(1)(d) and section 310 of the Crimes Act 1961. The fourth related to offenses contrary to sections 228 and 310 of the Crimes Act 1961.

Prison Sentences Handed Down at the High Court

At the High Court in Auckland today, Justice Sally Fitzgerald sentenced Mathias Ortmann to two years and seven months in prison. Bram van der Kolk received a prison sentence of two years and six months. Both will begin their sentences at Mt Eden Corrections Facility (MECF) is in the central Auckland suburb of Mt Eden.

Ortmann had faced a prison sentence of up to 10 years and six months, van der Kolk up to ten years, but their guilty pleas, cooperation – including with the FBI, rehabilitation, and an agreement to surrender NZ$10 million in overseas bank accounts, all played a part in reducing their sentences.

Since 2009, Bram has been married to Junelyn Alexis “Asia” Unana Agcaoili, a Filipina actress, television host, and model who previously appeared on the cover of FHM. Together they have a son, who was born and raised in New Zealand.

Through her company Cloud Innovations Limited, Agcaoili is a shareholder in Mega, the company built by the pair after the collapse of Megaupload. A trust in the name of Kim Dotcom’s wife, Elizabeth Donnelly, also retains shares in Mega.

According to a report from New Zealand Herald earlier this week, Bram and Mathias were hoping that the reputation ‘Mega’ had built inside the New Zealand government as a good corporate citizen would stand them in good stead.

The men were not immediately sent to serve their sentences today. Justice Sally Fitzgerald deferred imprisonment until August 1 to allow Ortmann to be present at the birth of his second child and for van der Kolk to spend time with his mother, who is in poor health.

Both men remain targets in civil lawsuits filed in the United States by the Motion Picture Association (MPA) and the Recording Industry Association of America (RIAA) related to their work on Megaupload.

So What About Kim Dotcom?

During sentencing today, Crown lawyer David Boldt suggested that had Dotcom been in court today, he would’ve been facing a possible sentence of 16 years in prison.

To date, Dotcom has chosen to fight back against all charges, something that may now prove more difficult after Ortmann and van der Kolk, who haven’t spoken with Dotcom for close to a decade, agreed to testify against him.

After the Supreme Court ruled that Kim Dotcom can indeed be extradited to face a laundry list of criminal charges in the United States, the decision to send Dotcom northeast across the Pacific lies with Minister of Justice Kiri Allan.

The extradition warrant requires her signature, but even after pen is eventually put to paper, it’s likely that Dotcom would seek a judicial review to buy more time in New Zealand.

“I have received detailed submissions from Mr Dotcom. In due course I will receive further advice on those matters before making any decision,” Allen told New Zealand Herald this week. “Unfortunately, I cannot say how long that will take.”

Dotcom Reacts to Sentencing

On Twitter this morning, Dotcom said that the US Department of Justice charged members of the so-called “Megaupload conspiracy” with 185 years in jail.

“They raided us with 72 cops and dragged us though NZ Courts for 12 yrs. Today my co-defendants got 2.6 and 2.5 yrs. This could be converted to home detention in a few months?” Dotcom questioned.

“That’s why my former partners took the deal. Not because they actually believe that they are criminals. They are not. But they were tired of fighting and gave up in exchange for a 98.5% discount of the 185 yrs we were charged with. I don’t blame them. They have been through hell.”

Ladybbird · 23-08-23, 12:53

Kim Dotcoms’ Bitcache a US$13.5m Failure, Liquidator Report Reveals

On July 23, 2023, The High Court in Auckland, New Zealand, Put a Company Called Bitcache Limited Into Liquidation.

TF 23 AUG 2023

Founded on July 28, 2016, Bitcache Limited was the legal entity behind Kim Dotcom’s Bitcache, an upcoming blockchain/crypto solution set to revolutionize the utility of Bitcoin through the introduction of cost-effective microtransactions.

That was more than seven years ago; almost a lifetime in whatever unit crypto-years are measured in these days.

The Greatest Thing Since Sliced Bread

During the summer of 2016, Kim Dotcom was teasing fresh information about the imminent debut of Megaupload 2.0. Set to launch in January 2017, every file transfer on the platform would be linked to a bitcoin transaction, taking “decentralization, anonymity & encryption to the next level. A nightmare for those who want to mass surveil & censor,” Dotcom said.

The technology making all of this possible was Dotcom’s groundbreaking Bitcache; unseen in public but allegedly capable of eliminating all blockchain limitations.

@CryptoGambleh The 'cache' in Bitcache solves the problem. It eliminates all blockchain limitations. — Kim Dotcom August 5, 2016. “Nobody will upload to any other cloud after Megaupload’s Bitcache goes live,” Dotcom declared. Just Wait For It

In October 2016, with the launch of Megaupload 2.0 and Bitcache just a few months away, ‘MU2’ secured its first investment round. Through the online investment platform BnkToTheFuture, 354 investors committed over a million dollars to the project, one that would not be ready for launch on January 20, 2017, as previously announced.

Dotcom said that a timely launch was “unlikely” so there would be an MU2/Bitcache announcement on that day instead.

With the launch suddenly and inexplicably back on, January 20, 2017, spectacularly failed to deliver. With just 90 minutes left before the official power-up of both Megaupload 2.0 and Bitcache, Dotcom said that the launch had “hit a roadblock” and he couldn’t comment further.

New Zealand companies MU2 Ltd, Bitcache Technologies Ltd, and Bitcache Ltd, did not comment either, and the same held true for their trust company owners registered in the Cook Islands and Cayman Islands.

Details of the last-minute ‘hiccup’ emerged on January 24, 2017. In an effort to raise capital, Megaupload 2.0 and Bitcache had reportedly struck a stock and cash merger deal worth $100m with a publicly listed company on the Canadian stock exchange. Dotcom said the Canadian Securities Exchange raised objections, and that ruined everything.

“Bitcache feels it is important as a technology startup to stay nimble and reduce corporate complexity in favor of technology development,” Dotcom said at the time.

With the benefit of foresight, Bitcache Limited’s liquidator might’ve nodded in agreement.

“There Are Fees Owed and Not Paid”

The day before Megaupload 2.0/Bitcache hit the roadblock in 2017, Kim Dotcom’s directorship in Bitcache Limited came to an end. Auckland lawyer Phil Creagh, who according to his bio was involved in all Kim Dotcom-related litigation matters since 2014, was a Bitcache director until September 2020. On May 24, 2023, Creagh filed an application to have the company liquidated.

“It’s pretty straightforward, there are fees owed and not paid. The company has not taken any steps so far to avoid being placed in liquidation,” Ceagh told Newsroom. “We’ll put it in liquidation and see what, if anything, can be recovered.”

Local company Insolvency Management Limited was appointed as liquidator on July 13, 2023. On the same day, Dotcom said Bitcache was in the hands of the liquidator because it had received an invoice for work carried out by a law firm.

NZ Herald reported that Creagh’s law firm, Anderson Creagh Lai, said the application was filed over “unpaid director’s fees in the sum of $231,653.”

Liquidators’ First Report

On August 18, 2023, Insolvency Management Limited filed its first report regarding Bitcache’s demise, which includes a list of shareholders, the most prominent shown below.

“The company traded as a software developer of a crypto currency scheme and was set up in 2016 by Kim Dotcom who acted as a director for some 7 months,” the report reads.

“Subsequently 2 professional directors were appointed although the Liquidator is advised Mr. Dotcom still held an active interest in the running of the business. Currently the Liquidator is not aware when the company ceased to trade.”

The liquidator “is not aware” of any physical assets owned by the company but notes that a trademark exists, value to be determined.

Bitcache owes NZ$1.2m (US$713K) to three creditors including Creagh and his law firm. With a share capital of NZ$21.5m, the total deficit is an estimated NZ$22.7m (US$13.5m).

“Potentially Serious Questions Raised”

An article published by NZ Herald says that the liquidator’s report raises “potentially serious questions” about Bitcache.

“The Companies Office listed 10 shareholders in Bitcache before its liquidation – all based in the Cook Islands, Cayman Islands or Hong Kong,” NZ Herald reports.

Insolvency Management principal Ian Nellies told the Herald that the shareholding companies were trusts.

“I’m still investigating who has ultimate ownership,” Nellies said.

The liquidator’s report also identified “some early developed software that may or may not have some value” but Dotcom was keen to distance Bitcache replacement ‘Fileshop’ from that discovery.

“The good news is that the project is now called FileShop, has been developed from scratch with a completely new code base and without any of the Bitcache IP,” Dotcom recently wrote on X.

“Very happy to announce that friendly previous investors and partners have not been forgotten and that this app is coming.”

27-08-16, 23:10	#151
wildhoney66 Senior Member Join Date: Mar 2014 Location: Shangri-La Posts: 307 Thanks: 28 Thanked 227 Times in 171 Posts Awards Showcase Total Awards: 1	re: Kim Dotcom>JUDGE Orders Extradition To Be Live-Streamed>US Objects +Mega Millions i don't think it should be live streamed at all. i won't spend anytime watching it because why? court cases are boring as hell to watch Seriously. i belong to the Dallas website one of them anyways and we were talking about on the show a couple years back how poorly written the court scenes in the show were. and i said same i said here they are boring to watch but on tv they make it look fun to watch. and a poster who said he's a lawyer agreed with me. so i never will understand why people like watching that stuff. or is this just me? i love Court shows like The Practice, Law & Order The Good Wife but the real stuff is a snooze fest all the way.

06-09-16, 00:05	#153
wildhoney66 Senior Member Join Date: Mar 2014 Location: Shangri-La Posts: 307 Thanks: 28 Thanked 227 Times in 171 Posts Awards Showcase Total Awards: 1	re: Kim Dotcom>JUDGE Orders Extradition To Be Live-Streamed>US Objects +Mega Millions i love watching stuff with court in it. such as The Practice, Ally McBeal when it was on because i love David E. Kelly. and it's a cheesy show sure but i like it anyways, the good wife and JAG among others, that stuff is fun as hell to watch and entertaining. in 8th grade i think it was? or 7th one of them anyways we went on a field Trip to the courthouse and met the mayor i forget which one or where it was funny enough. but he knew my grandfather and he was a nice guy actually. at least to us and to me. anyways it was a couple of years after he had died and it was nice to hear stuff about him. anyways we sat in court watching it and none of the stuff was murder or anything like that. there were 2 or 3 cases we watched and one of them was about a car accident i think and it bored the living daylights out of me. i'm grateful that i went don't get me wrong i'd rather go on a field trip in school than end up being the one stuck up on there for whatever reason. or even as just a witness, anyways, on how i end up finding out some news i listen to my podcast WTF and it tells me what's going on in the world, plus online the name of a stories the titles do catch my eye and i read about it, or if they are talking about it at work i do ask what they are talking about sometimes. because i don't watch the news as it also bores me.but when the news is about some stupid dog that got hit by a car or something useless as something stupid like some celeb has herpes or something that stuff isn't important to me. for one because i'm not an animal person. i'm not saying i hate them i don't. but hearing about strangers pets on the news just doesn't interest me. having said that when it comes of Fat Guy.com i have been paying or trying to pay attention to what's been going on with him because for one he may help piracy or hurt it. and i'd like to know what the verdict is. however i remember when O.J. Simpson was on the news well his trial anyways, and you could NOT get away from it. no matter where you went, and i tried watching a little bit of that and i was quickly bored out of my mind. but than i also didn't care what happend to him anyways so that's also a reason why i prolly tuned out. if fat guy's verdict is posted online and no doubt it will be i'll read about it. but just to much crap goes on in this world to keep up with it all. even if you leave politics out of the equation it's still too much to keep up with. some things have to interest me to keep me wanting to know what happens next. like Bill Cosby who if he is guilty should go to jail. but i've been a huge fan of his pretty much all my life and regardless if he is found guilty or not i can separate the talent from the man. to use him as an example

06-09-16, 19:58	#154
Ladybbird Join Date: Feb 2011 Posts: 47,574 Thanks: 27,632 Thanked 14,458 Times in 10,262 Posts Awards Showcase Total Awards: 8	re: Kim Dotcom Petitions Appeals Court >Rehearing Over Seized Mega Millions N.Z. JUDGE Allows Kim Dotcom’s Extradition Case To Be Live-Streamed... Dotcom's Battle to Avoid US Trial Goes Live..... The Guardian UK, 5 September 2016 It Will Be on YouTube Sometime Soon > IF The US Doesn't BLOCK IT.!... Megaupload founder Kim Dotcom leaves with his girlfriend Elizabeth Donelly following his extradition appeal at the High Court in Auckland, on August 29, 2016 (AFP Photo/Kate Dwek) Live streaming equipment is installed in Court; The protracted battle to have Megaupload founder Kim Dotcom face video piracy charges in the United States broke new ground on Wednesday with live-streaming of his appeal against extradition. Dotcom won approval to live-stream his bid to avoid leaving New Zealand after successfully arguing that global interest required more than standard brief television clips. The case, in the Auckland High Court, is expected to last six to eight weeks and while the verdict in at least one previous New Zealand trial has been broadcast live, this is the first time a hearing has been live-streamed in full. "Show me a short video or picture of how you are watching the live stream right now. Here's mine," Dotcom tweeted during the lunch adjournment with a photo of himself watching his lawyers on TV. Judge Murray Gilbert ruled the case could only be streamed with a 20-minute delay, to allow the court time to prevent any restricted material from being published, and all footage was to be removed from the internet when the hearing ends. Dotcom, a German national with permanent residency in New Zealand, faces decades in jail if convicted in the United States of piracy, which US authorities say cost copyright owners hundreds of millions of dollars. He was first arrested nearly five years ago during a police raid on his mansion near Auckland after the FBI shut down Megaupload's servers. After several legal battles, a court ruled in December last year there was "overwhelming" evidence to support extradition of the 42-year-old and three other Megaupload founders. However, the case could rumble on for several more years with Dotcom vowing to continue legal challenges if he loses this appeal. The prosecution has argued that Megaupload wilfully breached copyright by hosting illegally created movie, music and software files. Dotcom claimed Megaupload was a genuine file-sharing site that did its best to police copyright infringement but had 50 million daily users and could not control every aspect of their activity. Dotcom has denied any wrongdoing and accused US authorities of pursuing a vendetta against him on behalf of politically influential Hollywood studios. The FBI alleges Megaupload netted more than US$175 million in criminal proceeds and cost copyright owners more than US$500 million by offering pirated content. END + WATCH HIS INTERVIEW with the BBC within this video; The Man Behind Megaupload; __________________ PUTIN TRUMP & Netanyahu Will Meet in HELL ..................*SHARKS are Closing in on TRUMP*.......................... *TRUMP WARNS; 'There'll Be a Bloodbath* If I Don't Get Elected'..MAGA - MyAssGotArrested...IT's COMING** PLEASE HELP THIS SITE..Click DONATE & Thanks to ALL Members of ... 1.. THIS SITE IS MORE THAN JUST WAREZ...& TO STOP SPAM-IF YOU WANT TO POST, YOUR FIRST POST MUST BE IN WELCOMES

08-09-16, 19:46	#155
wildhoney66 Senior Member Join Date: Mar 2014 Location: Shangri-La Posts: 307 Thanks: 28 Thanked 227 Times in 171 Posts Awards Showcase Total Awards: 1	re: Kim Dotcom Petitions Appeals Court >Rehearing Over Seized Mega Millions what is a good looking woman like that doing with well HIM? he does look like he's lost some weight though or am i wrong?

11-09-16, 04:02	#157
wildhoney66 Senior Member Join Date: Mar 2014 Location: Shangri-La Posts: 307 Thanks: 28 Thanked 227 Times in 171 Posts Awards Showcase Total Awards: 1	re: Kim Dotcom Petitions Appeals Court >Rehearing Over Seized Mega Millions well to a certain point he is a smart guy, but than he i think went overboard with his stunts back when megaupload was around and when he did that song a few years back and had actual artists support his site by singing the stupid song that pissed a LOT of people off and that i think is what broke the camel's back as the saying goes. if he does get off and i hope he does, not because i like the guy or care if he looses all his money by paying his lawyer's bills and so forth. the US is i agree wrong but you know them they want to prove to the world that piracy is wrong and so forth. and the only thing that bothers me is when i put in a dvd i buy and it says that piracy is hurting the enviroment sorry for my crap spelling, and i ask WTF? how is the hell is it hurting it? cutting down trees to build resorts for rich people to play golf is hurting the planet NOT someone downloading a film from 50 years ago or even 100 years ago. there is a LOT of movies that get made per year and it's not just the majors do that make them either. leaving out Porn which also can be included too i'm sure. movies can bring in a LOT of money if it's a good product and than people who get curious to see this film or that film can download it 1st and love it and than pay and see it. than they will no doubt buy it on whatever format it's on after it hits video or hell VOD. also did you hear about the kickass torrents guy? how he's been busted oh a couple weeks ago, the guy i think will be their escape goat if the fat guy wins because this idiot has servers in the US so they have juridistion sorry for my bad spelling. i dunno if you posted about it on here but check it out. and it's amazing how stupid that guy is. anyways, i had thought the fat guy won and it was over with i had heard he won, but i think he did win something i forget what but his case isn't over yet apparently i didn't think it had happened when i had heard that he won. i wonder if it will get changed again? cause it was suppose to happen in what Jan. than June etc.. you get the idea i'm sure

27-09-16, 14:24	#158
Ladybbird Join Date: Feb 2011 Posts: 47,574 Thanks: 27,632 Thanked 14,458 Times in 10,262 Posts Awards Showcase Total Awards: 8	re: Kim Dotcom Petitions Appeals Court >Rehearing Over Seized Mega Millions Dotcom Petitions Appeals Court For Rehearing Over Seized Millions Posted: 27 Sep 2016. TF As Megaupload was being shutdown in 2012, authorities in the United States, New Zealand and Hong Kong swooped on millions of dollars in cash and other property. The US government said that these considerable assets were the product of copyright infringement and money laundering. As a result, sweeping steps were taken to take control of bank accounts and other property belonging to the defendants in the so-called Mega Conspiracy. After meeting with stiff opposition when attempting to extradite Dotcom and his co-defendants, the US Government branded them fugitives from justice and subsequently won a legal battle to seize their millions. Soon after, Megaupload’s legal team filed an appeal with the Fourth Circuit Court of Appeals. However, that ended in disappointment last month when a three-judge panel at the Fourth Circuit handed down a two to one decision against Dotcom. The Fourth Circuit upheld the decision of the lower court, dismissing the argument that the seizure order against Dotcom’s assets had no jurisdiction and finding that as a fugitive, the Megaupload founder had no standing to reclaim his assets. With more than $67m at stake, that was a particularly big deal. At the time, Dotcom vowed to fight back and yesterday the first stage of that process began. Headed by Ira Rothken, Dotcom’s US legal defense announced that they had filed a Petition to the Fourth Circuit Court of Appeals for a rehearing and rehearing en banc on the issues of forfeiture and fugitive disentitlement. “Petitioners seek en banc review of a 2-1 ruling that conflicts with the precedents of this Court, the Supreme Court, and other circuits on issues of importance to the scope of federal jurisdiction over foreign property and civil forfeiture law,” the filing begins (pdf). The petition goes on to highlight the gravity of the matter – the largest criminal copyright case in U.S. history – and notes that the US government acted aggressively by seizing property first and then relying on the doctrine of “fugitive disentitlement” to achieve forfeiture without having a trial on the merits. Noting that the decision of the Fourth Circuit panel was not unanimous (Judge Floyd dissented), Dotcom’s team says that the ruling conflicts with precedents of both the Fourth Circuit and the Supreme Court. Under this Court’s precedent, ‘only if the court has exclusive custody and control over the property does it have jurisdiction over the property so as to be able to adjudicate rights in it that are binding against the world,” the petition reads. Noting that the property in question is controlled by foreign courts that are not compelled to comply with a U.S. forfeiture order, the petition describes the ruling as both a “hypothetical judgment” and an “unconstitutional advisory opinion.” “En banc review is needed to ensure uniformity in this Court’s decisions, and to avoid a conflict with Supreme Court precedent,” it adds. Finally, the petition underlines the claims Dotcom has been making from the beginning, that the US Government is abusing its powers in order to gain unfair advantage over citizens of foreign countries that have never set foot on US soil. “By stacking allegations of fugitive status on top of allegations of forfeitability, the government can obtain an unprecedented, roving worldwide license to indict foreign citizens who have never lived or worked in the United States and forfeit their foreign property — all without proving any wrongdoing or having control over the property,” it warns. “Review is warranted.” Whether a rehearing will be granted remains to be seen but Dotcom says he intends to take his case all the way to the Supreme Court if necessary. __________________ PUTIN TRUMP & Netanyahu Will Meet in HELL ..................*SHARKS are Closing in on TRUMP*.......................... *TRUMP WARNS; 'There'll Be a Bloodbath* If I Don't Get Elected'..MAGA - MyAssGotArrested...IT's COMING** PLEASE HELP THIS SITE..Click DONATE & Thanks to ALL Members of ... 1.. THIS SITE IS MORE THAN JUST WAREZ...& TO STOP SPAM-IF YOU WANT TO POST, YOUR FIRST POST MUST BE IN WELCOMES

03-10-16, 23:16	#159
wildhoney66 Senior Member Join Date: Mar 2014 Location: Shangri-La Posts: 307 Thanks: 28 Thanked 227 Times in 171 Posts Awards Showcase Total Awards: 1	re: Dotcom Petitions Court>Mega Millions +Mega User Fears Lost Data>Asks Court For Help i understand he wants his money back, and frankly i can't say i blame him for that. but why doesn't he wait until his hearing is over and see if he wins?

21-10-16, 10:41	#160
Ladybbird Join Date: Feb 2011 Posts: 47,574 Thanks: 27,632 Thanked 14,458 Times in 10,262 Posts Awards Showcase Total Awards: 8	re: Dotcom Petitions Court>Mega Millions +Mega User Fears Lost Data>Asks Court For Help Megaupload User Fears Complete Data Loss, Asks Court For Help Posted TF: 20 Oct 2016 In the wake of Megaupload’s shutdown nearly five years ago, many of the site’s users complained that their personal files had been lost as collateral damage. One of these users is Kyle Goodwin, who operates a sports video company in Ohio. He used Megaupload as part of his business, storing large videos he created himself. After Megaupload’s servers were raided Mr. Goodwin could no longer access the files. In an effort to remedy this, he asked the court to help him and others to retrieve their personal property. Helped by the Electronic Frontier Foundation (EFF) and Stanford’s Hoover Institution, Mr. Goodwin filed over half a dozen requests asking the court to find a workable solution for the return of his data. Thus far, however, this has been without success. This week, his legal team once again raised the issue before the Virginia District Court, pointing out that the government’s actions are still being felt today. “As a result of the government’s actions, Mr. Goodwin and many other former Megaupload users lost access to their valuable data, and that data remains inaccessible today,” Goodwin’s legal team writes (pdf). The files were originally stored by Carpathia Hosting, which was later taken over by QTS Realty Trust. Although the backups are still in place, QTS informed the court last year that this may not last for long. At the time QTS noted that “there is a high likelihood that the disk drives, on which the data presumably reside, will experience high failure rates.” Meanwhile, the parties involved including the Government, Megaupload and copyright holders, have yet to find a mutually agreeable solution for the data retrieval. Similarly, the court has yet to rule on Mr. Goodwin’s motion asking for the return of his property, which he filed in 2012. “Mr. Goodwin’s motion remains pending. Further delay may mean the complete loss of Mr. Goodwin’s valuable property and that of other former Megaupload users,” his lawyers write. Hoping to finally make a breakthrough while the data still exists, Mr. Goodwin is now asking the court to rule on his pending motion for return of his property as soon as possible. Megaupload counsel Ira Rothken hopes that the court will hold the Government responsible for their actions and that it will help to reunite former users with their data. “Megaupload looks forward to having the court determine whether or not the U.S. acted appropriately by turning off all consumer access to their data stored in the cloud,” Rothken tells TF in a comment. “The Department of Justice should avoid elevating Hollywood interests over consumer interests and do the right thing for consumers like Kyle Goodwin who wants access to youth soccer videos he stored in the Megaupload cloud,” he adds. The sports videographer is not the only one waiting to be reunited with his files. Many others are in the same position. Just a few weeks ago a former Megaupload user contacted TorrentFreak in desperation, hoping to recover a personal photo that is very dear to him. Whether the court can help to make this happen has yet to be seen. The lack of progress over the past several years doesn’t encourage optimism. __________________ PUTIN TRUMP & Netanyahu Will Meet in HELL ..................*SHARKS are Closing in on TRUMP*.......................... *TRUMP WARNS; 'There'll Be a Bloodbath* If I Don't Get Elected'..MAGA - MyAssGotArrested...IT's COMING** PLEASE HELP THIS SITE..Click DONATE & Thanks to ALL Members of ... 1.. THIS SITE IS MORE THAN JUST WAREZ...& TO STOP SPAM-IF YOU WANT TO POST, YOUR FIRST POST MUST BE IN WELCOMES

31-10-16, 02:14	#161
wildhoney66 Senior Member Join Date: Mar 2014 Location: Shangri-La Posts: 307 Thanks: 28 Thanked 227 Times in 171 Posts Awards Showcase Total Awards: 1	Re: Dotcom Petitions Court>Mega Millions +Mega User Fears Lost Data>Asks Court For He well i hope the guy gets his data back. like you posted on here, it's suppose to open back up in Jan. and the users are suppose to get their data back than, no doubt he heard about this i'm sure. but i can't say that i blame the guy for wanting it sooner

21-01-17, 18:08	#162
Ladybbird Join Date: Feb 2011 Posts: 47,574 Thanks: 27,632 Thanked 14,458 Times in 10,262 Posts Awards Showcase Total Awards: 8	re: Kim Dotcom >Entire Spying Operation Was Illegal, High Court Rules Megaupload 2.0 News Delayed By ‘Expected’ Roadblock Posted: 21 Jan 2017, TFreak In January 2012, New Zealand Police carried out the largest action ever against individuals accused of copyright infringement. The raid on Kim Dotcom’s Coatesville mansion was carried out on behalf of United States authorities, who are still trying to extradite him and several of his former colleagues. Meanwhile, Dotcom hasn’t been sitting still. Today, exactly five years after the raid on his house and the destruction of the original Megaupload, the entrepreneur planned to announce fresh details on a new and improved version, Megaupload 2.0. Dotcom, who is not officially part of the venture but acts as its chief “evangelist,” informed us a few months ago that the launch was delayed but that more information would come out today. “It is unlikely that we can make a full January 20th launch happen. The fund-raising was delayed and the legal team needed more time for the new setup. But we will reveal more details about Megaupload 2 and Bitcache on that special day,” Dotcom said at the time. Those who followed Dotcom’s Twitter updates were indeed promised some “big news,” but at the end of the day things turned out quite differently. The announcement had to be delayed due to an “expected” roadblock. “Sorry but there has been an expected hiccup. Will tell you all about it later today. Let this play out and give me some time to update you,” Dotcom noted. No further details on the exact reason for the delay were provided, but the Megaupload 2.0 team is actively working on a solution. This may take a few days, according to a message posted by Dotcom a few hours ago. . Operation Destroy Roadblock This appears to be the first bump in the road after Megaupload 2.0 was first mentioned last summer. Prospective users who are eager for more details have to be patient for a little longer. From what has been revealed thus far, Megaupload 2.0 and the associated Bitcache platform will allow people to share and store files, linking every file-transfer to a bitcoin transaction. The bitcoin element is not the only part that’s new. Unlike the original Megaupload, the new incarnation isn’t going to store all files itself. Instead, it plans to use third-party providers such as Maidsafe and Storj. This means that the new Megaupload will mostly act as a middleman between other file-storage platforms, adding a separate layer of encryption through Bitcache. More information and perhaps some technical details are expected to follow in the near future. __________________ PUTIN TRUMP & Netanyahu Will Meet in HELL ..................*SHARKS are Closing in on TRUMP*.......................... *TRUMP WARNS; 'There'll Be a Bloodbath* If I Don't Get Elected'..MAGA - MyAssGotArrested...IT's COMING** PLEASE HELP THIS SITE..Click DONATE & Thanks to ALL Members of ... 1.. THIS SITE IS MORE THAN JUST WAREZ...& TO STOP SPAM-IF YOU WANT TO POST, YOUR FIRST POST MUST BE IN WELCOMES

29-04-17, 03:50	#164
wildhoney66 Senior Member Join Date: Mar 2014 Location: Shangri-La Posts: 307 Thanks: 28 Thanked 227 Times in 171 Posts Awards Showcase Total Awards: 1	re: Kim Dotcom >Entire Spying Operation Was Illegal, High Court Rules i didn't read all of this but he's right as much as i hate to say it. i've said it before and many times they want to use him as an example. and i agree they should have went by the law. did he ever go to court and if he did, did he win i really lose track on what the hell is going on to be honest. i see he wants from what you posted here, but did he even win his case? or did i miss that he did?

21-07-17, 09:09	#165
Ladybbird Join Date: Feb 2011 Posts: 47,574 Thanks: 27,632 Thanked 14,458 Times in 10,262 Posts Awards Showcase Total Awards: 8	re: Kim Dotcom >Entire Spying Operation Was Illegal, High Court Rules TF, Posted: 20 Jul 2017 In the months leading up to the infamous raid on Kim Dotcom’s New Zealand mansion and his now defunct cloud storage site Megaupload, the entrepreneur was under surveillance. Not only were the MPAA and RIAA amassing information, the governments of the United States and New Zealand were neck-deep in the investigation too, using the FBI and local police to gather information. What soon became evident, however, is that the authorities in New Zealand did so while breaking the rules. Between 16 December 2011 to 22 March 2012, New Zealand used the Government Communications Security Bureau (GCSB) agency to spy on the private communications of Kim and Mona Dotcom, plus Megaupload co-defendant Bram van der Kolk. This was hugely problematic. GCSB is an intelligence agency of the New Zealand government responsible for spying on external entities. It is forbidden by law from conducting surveillance on its own citizens or permanent residents in the country. His standing in the country meant that Dotcom should not have been spied on. “Of course I apologize to Mr Dotcom, and I apologize to New Zealanders,” then New Zealand Prime Minister John Key later said. Since it was established that New Zealand illegally spied on Dotcom, the Megaupload founder has been trying to find out what information the GCSB gathered about him, then wife Mona, and former colleague Bram van der Kolk. According to Dotcom, there was a total of 87 breaches, all of which the government wants to keep secret. Since then, Dotcom has been fighting to gain access to the information GCSB illegally obtained, while seeking compensation for the damages caused. In a ruling handed down this morning, the High Court details its findings in respect of a three-day hearing that took place early April 2017, during which GCSB said the raw, unredacted information should be withheld from Dotcom on national security grounds. GCSB and the government argued that the public interest in the disclosure of the material is outweighed by the public interest in withholding it, adding that the security and defense of New Zealand would be compromised on the world stage. For their part, the Dotcoms said that nondisclosure of the unredacted documents breaches their rights under the New Zealand Bill of Rights Act 1990. Given that any damages award is directly linked to the extent and nature of the illegal intrusions into their private lives, access to the documents is paramount. That being the case, they argued that the public interest in disclosure outweighs any public interest in the information being withheld. This morning, citing a 2013 Court of Appeal verdict that ruled the GCSB didn’t have to release the raw communications, Justice Murray Gilbert insisted that the recordings will not be released. “A number of the redactions in the discovered documents are to protect the identity or contact details of personnel who were involved in or associated with the operation or copied into email communications concerning it,” Justice Gilbert wrote. “It is hard to see how any of this information could be relevant to the relief that should be granted in this proceeding. Again, the public interest in withholding disclosure of this information far outweighs any public interest in its disclosure.” In a statement, Kim Dotcom expressed his frustrations, noting that the government is doing everything it can to suppress details of the illegal surveillance. “After being caught, the GCSB has fought to keep what it did, and how, a secret from me and from you, the New Zealand public. Worse, it seeks to hide behind ‘national security’ to keep the truth from us,” Dotcom said. “To keep this secret, the GCSB applied to the High Court. It filed secret evidence and secret submissions. The GCSB’s lawyers were heard in a ‘closed’ court with the Judge, where they made secret submissions and secret witnesses gave secret evidence.” Dotcom said neither his lawyers nor the public was allowed to be present during the hearing. And when his legal team could be heard, they were significantly hampered in their work. “When my lawyers were heard, after that hearing, they had to make submissions as to why information they were not allowed to see, for reasons they were not allowed to know, should be disclosed. They were effectively shooting at a moving target, in the dark, with one hand tied behind their backs,” Dotcom said. The Megaupload founder suggests there is there is a clear double-standard when he has to be tried in public for his alleged crimes, but when it comes to offenses carried out by the government, the process takes place behind closed doors. “I will appeal this judgment and ask the Court of Appeal to shine some cleansing sunlight on what happened here. If there is transparency, there is accountability, and we can prevent this happening again,” he concludes. __________________ PUTIN TRUMP & Netanyahu Will Meet in HELL ..................*SHARKS are Closing in on TRUMP*.......................... *TRUMP WARNS; 'There'll Be a Bloodbath* If I Don't Get Elected'..MAGA - MyAssGotArrested...IT's COMING** PLEASE HELP THIS SITE..Click DONATE & Thanks to ALL Members of ... 1.. THIS SITE IS MORE THAN JUST WAREZ...& TO STOP SPAM-IF YOU WANT TO POST, YOUR FIRST POST MUST BE IN WELCOMES

27-07-17, 19:49	#166
Ladybbird Join Date: Feb 2011 Posts: 47,574 Thanks: 27,632 Thanked 14,458 Times in 10,262 Posts Awards Showcase Total Awards: 8	re: Kim Dotcom >Entire Spying Operation Was Illegal, High Court Rules New Zealand Police Confirm ‘Extra’ Illegal Spying on Kim Dotcom T.F. 27 Jul 2017 Kim Dotcom has made headlines in the press again over the past week, but not for his own alleged misconduct. Instead, there is a renewed focus on the unlawful surveillance practices of the Government Communications Security Bureau (GCSB). During the months leading up to the raid, the GCSB carried out surveillance on Dotcom but failed to check his residency status. The outfit was not allowed to spy on its own residents and clearly crossed a line with its unlawful information gathering. To find out what was collected, Dotcom asked the High Court for access to the surveilled information, but last week this request was denied. While this came as a disappointment, the court did reveal something else of interest. As it turns out, the illegal spying on Dotcom didn’t stop on January 20, 2012, when Dotcom was arrested. Instead, it carried on for another two months, ending March 22, 2012. Initially, some people thought that the High Court may have made a mistake in the timeline, but with pressure mounting, New Zealand police have now confirmed that this is not the case. The illegal spying did indeed continue for two more months. “We’ve checked the file and can confirm that the dates you’ve highlighted were known to the Operation Grey team. They were considered as part of the investigation and decision-making about the outcome,” a police spokesman told NZ Herald. While this is all news to the public, the police and others were well-aware of the additional spying. This raises a series of questions, which Megaupload’s founder would like to see answered. “Does this mean that New Zealand Police knew that the GCSB affidavits were false? GCSB told the Courts under oath that the illegal spying ended two months earlier. Not in March but in January,” Dotcom says, commenting on the news. The issue is more than a matter of oversight, Dotcom says, and he calls for a proper investigation where the people responsible will be held accountable. “New Zealand Police investigated GCSB because of the illegal spying but nobody was ever charged with any crime. How is that possible if the Police knew that the GCSB lied to the New Zealand Courts? What else would we discover if we had a fair and open hearing instead of secret submissions in closed Court? “The New Zealand Courts have been fooled by the GCSB and the Police. What’s next? What are the consequences?” Dotcom adds. In recent years the Megaupload case has been a stumbling block for several politicians and the latest revelations have put Prime Minister Bill English under pressure. It’s clear that several high ranked officials would rather see Dotcom leave, but thus far the fiasco is more likely to help him stay. __________________ PUTIN TRUMP & Netanyahu Will Meet in HELL ..................*SHARKS are Closing in on TRUMP*.......................... *TRUMP WARNS; 'There'll Be a Bloodbath* If I Don't Get Elected'..MAGA - MyAssGotArrested...IT's COMING** PLEASE HELP THIS SITE..Click DONATE & Thanks to ALL Members of ... 1.. THIS SITE IS MORE THAN JUST WAREZ...& TO STOP SPAM-IF YOU WANT TO POST, YOUR FIRST POST MUST BE IN WELCOMES

26-08-17, 08:12	#167
Ladybbird Join Date: Feb 2011 Posts: 47,574 Thanks: 27,632 Thanked 14,458 Times in 10,262 Posts Awards Showcase Total Awards: 8	re: Kim Dotcom's MEGA Suspends 78,000 Users For Copyright Infringement Entire Kim Dotcom Spying Operation Was Illegal, High Court Rules Posted: 26 Aug 2017. TF. In the months that preceded the January 2012 raid on file-storage site Megaupload, authorities in New Zealand used the Government Communications Security Bureau (GCSB) spy agency to monitor Kim and Mona Dotcom, plus Megaupload co-defendant Bram van der Kolk. When this fact was revealed it developed into a crisis. The GCSB was forbidden by law from conducting surveillance on its own citizens or permanent residents in the country, which led to former Prime Minister John Key later apologizing for the error. With Dotcom determined to uncover the truth, the entrepreneur launched legal action in pursuit of the information illegally obtained by GCSB and to obtain compensation. In July, the High Court determined that Dotcom wouldn’t get access to the information but it also revealed that the scope of the spying went on much longer than previously admitted, a fact later confirmed by the police. This raised the specter that not only did the GCSB continue to spy on Dotcom after it knew it was acting illegally, but that an earlier affidavit from a GCSB staff member was suspect. With the saga continuing to drag on, revelations published in New Zealand this morning indicate that not only was the spying on Dotcom illegal, the entire spying operation – which included his Megaupload co-defendants – was too. The reports are based on documents released by Lawyer Peter Spring, who is acting for Bram van der Kolk and Mathias Ortmann. Spring says that the High Court decision, which dates back to December but has only just been made available, shows that “the whole surveillance operation fell outside the authorization of the GCSB legislation as it was at the relevant time”. Since Dotcom is a permanent resident of New Zealand, it’s long been established that the GCSB acted illegally when it spied on him. As foreigners, however, Megaupload co-defendants Finn Batato and Mathias Ortmann were previously considered valid surveillance targets. It now transpires that the GCSB wasn’t prepared to mount a defense or reveal its methods concerning their surveillance, something which boosted the case against it. “The circumstances of the interceptions of Messrs Ortmann and Batato’s communications are Top Secret and it has not proved possible to plead to the allegations the plaintiffs have made without revealing information which would jeopardize the national security of New Zealand,” the Court documents read. “As a result the GCSB is deemed to have admitted the allegations in the statement of claim which relate to the manner in which the interceptions were effected.” Speaking with RadioNZ, Grant Illingworth, a lawyer representing Ortmann and van der Kolk, said the decision calls the entire GCSB operation into doubt. “The GCSB has now admitted that the unlawfulness was not just dependent upon residency issues, it went further. The reason it went further was because it didn’t have authorization to carry out the kind of surveillance that it was carrying out under the legislation, as it was at that time,” Illingworth said. In comments to NZHerald, Illingworth added that the decision meant that the damages case for Ortmann and van der Kolk had come to an end. He refused to respond to questions of whether damages had been paid or a settlement reached. He did indicate, however, that there could be implications for the battle underway to have Dotcom, Batato, Ortmann and van der Kolk extradited to the United States. “If there was illegality in the arrest and search phase and that illegality has not previously been made known in the extradition context then it could be relevant to the extradition,” Illingworth said. . __________________ PUTIN TRUMP & Netanyahu Will Meet in HELL ..................*SHARKS are Closing in on TRUMP*.......................... *TRUMP WARNS; 'There'll Be a Bloodbath* If I Don't Get Elected'..MAGA - MyAssGotArrested...IT's COMING** PLEASE HELP THIS SITE..Click DONATE & Thanks to ALL Members of ... 1.. THIS SITE IS MORE THAN JUST WAREZ...& TO STOP SPAM-IF YOU WANT TO POST, YOUR FIRST POST MUST BE IN WELCOMES

11-09-17, 05:01	#168
wildhoney66 Senior Member Join Date: Mar 2014 Location: Shangri-La Posts: 307 Thanks: 28 Thanked 227 Times in 171 Posts Awards Showcase Total Awards: 1	re: Kim Dotcom's MEGA Suspends 78,000 Users For Copyright Infringement than if it's not legal they should NEVER have arrested him at all. in fact the case should be dropped for that matter once it was discovered and it's been years for them to do it the legal way and so far as i know unless i'm wrong they haven't. i forget what all happend in the past cause this case has gone on forever it feels like. i think they should by now just throw his ass in jail or let him go. yes it sound simple and i get it's not but still it's what 5 or 6 years now. how much longer do they need to make a case against him? after all the illegal stuff they've done any judge they've been in front of once he discovered it wasn't legal should have thrown the case out the window. but than i don't work for the law and i dunno what all they have since got legal at all.

22-01-18, 10:26	#169
Ladybbird Join Date: Feb 2011 Posts: 47,574 Thanks: 27,632 Thanked 14,458 Times in 10,262 Posts Awards Showcase Total Awards: 8	re: Kim Dotcom's MEGA Suspends 78,000 Users For Copyright Infringement Kim Dotcom Loses Megaupload Domain Names, Gets “Destroyed” Gaming Chair Back TF 22 Jan 2018. Following the 2012 raid on Megaupload and Kim Dotcom, U.S. and New Zealand authorities seized millions of dollars in cash and other property, located around the world... Claiming the assets were obtained through copyright and money laundering crimes, the U.S. government launched separate civil cases in which it asked the court to forfeit bank accounts, servers, domain names, and other seized possessions of the Megaupload defendants. One of these cases was lost after the U.S. branded Dotcom and his colleagues as “fugitives”.The defense team appealed the ruling, but lost again, and a subsequent petition at the Supreme Court was denied. Following this lost battle, the U.S. also moved to conclude a separate civil forfeiture case, which was still pending at a federal court in Virginia. The assets listed in this case are several bank accounts, including several at PayPal, as well as 60 servers Megaupload bought at Leaseweb. What has the most symbolic value, however, are the domain names that were seized, including Megaupload.com, Megaporn.com and Megavideo.com. Mega’s Domains . This week a U.S. federal court decided that all claims of Kim Dotcom, his former colleague Mathias Ortman, and several Megaupload-related companies should be stricken. A default was entered against them on Tuesday. The same fugitive disentitlement argument was used in this case. This essentially means that someone who’s considered to be a fugitive from justice is not allowed to get relief from the judicial system he or she evades. “Claimants Kim Dotcom and Mathias Ortmann have deliberately avoided prosecution by declining to enter or reenter the United States,” Judge Liam O’Grady writes in his order to strike the claims. “Because Claimant Kim Dotcom, who is himself a fugitive under Section 2466, is the Corporate Claimants’ controlling shareholder and, in particular, because he signed the claims on behalf of the corporations, a presumption of disentitlement applies to the corporations as well.” As a result, the domain names which once served 50 million users per day, are now lost to the US Government. The court records list 18 domains in total, which were registered through Godaddy, DotRegistrar, and Fabulous. Given the legal history, the domains and other assets are likely lost for good. However, Megaupload defense lawyer Ira Rothken is not giving up yet. “We are still evaluating the legal options in a climate where Kim Dotcom is being labeled a fugitive in a US criminal copyright case even though he has never been to the US, is merely asserting his US-NZ extradition treaty rights, and the NZ High Court has ruled that he and his co-defendants did not commit criminal copyright infringement under NZ law,” Rothken tells TorrentFreak. There might be a possibility that assets located outside the US could be saved. Foreign courts are more open to defense arguments, it seems, as a Hong Kong court previously ordered the US to return several assets belonging to Kim Dotcom. The Hong Kong case also brought some good news this week. At least, something that was supposed to be positive. On Twitter, Dotcom writes that two containers with seized assets were returned, but in a “rotten and destroyed” state. “A shipment of 2 large containers just arrived in New Zealand. This is how all my stuff looks now. Rotten & destroyed. Photo: My favorite gaming chair,” Dotcom wrote. According to Dotcom, the US Government asked him to pay for ‘climate controlled’ storage for more than half a decade to protect the seized goods. However, judging from the look of the chair and the state of some other belongings, something clearly went wrong. Rotten & Destroyed . __________________ PUTIN TRUMP & Netanyahu Will Meet in HELL ..................*SHARKS are Closing in on TRUMP*.......................... *TRUMP WARNS; 'There'll Be a Bloodbath* If I Don't Get Elected'..MAGA - MyAssGotArrested...IT's COMING** PLEASE HELP THIS SITE..Click DONATE & Thanks to ALL Members of ... 1.. THIS SITE IS MORE THAN JUST WAREZ...& TO STOP SPAM-IF YOU WANT TO POST, YOUR FIRST POST MUST BE IN WELCOMES

11-09-18, 16:07	#170
Ladybbird Join Date: Feb 2011 Posts: 47,574 Thanks: 27,632 Thanked 14,458 Times in 10,262 Posts Awards Showcase Total Awards: 8	re: Kim Dotcom's MEGA Suspends 78,000 Users For Copyright Infringement Kim Dotcom Privacy Act Appeal Underway at the High Court TF 11 Sep 2018. Way back in 2012, Kim Dotcom’s cloud storage site Megaupload was shut down in a massively blaze of publicity. Ever since, Dotcom and several of his former colleagues have been fighting extradition to the United States. Dotcom’s strategy in New Zealand has been to challenge all aspects of the case against him, something that has seen him burn through tens of millions of dollars in legal fees. He has sought every piece of available information to assist his defense, but that hasn’t always gone his way. In 2015, Dotcom asked dozens of ministers and multiple government departments to disclose information they held on him. With Dotcom’s case rolling on, his requests were classified by his team as “urgent”. However, then-Attorney General Chris Finlayson denied the requests, describing them as vexatious and baseless. Ever persistent, Dotcom filed a complaint with the Human Rights Tribunal, accusing the New Zealand Government of wrongfully withholding information from him. Last March the Tribunal ruled in Dotcom’s favor, noting that the Crown was “in clear breach of its obligations under the Privacy Act” when it withheld the information. Dotcom was awarded NZ$60,000 in damages for “loss of dignity or injury to feelings” plus NZ$30,000 to compensate for the information not being handed over. Dotcom was quick to celebrate, noting that the ruling from the Tribunal meant that his extradition case was effectively over, with the Attorney General having “perverted the course of Justice.” While an end to the extradition process is still not in sight, the ruling from the Tribunal also compelled the authorities to comply with Dotcom’s original request. But with that still yet to happen, the show isn’t over yet. The Crown subsequently appealed the decision of the Tribunal and yesterday the matter went before the High Court in Wellington. Lawyer Victoria Casey, representing the Attorney General, said there was no evidence that the information was wrongly disclosed to cause injury to Dotcom’s feelings (as the NZ$60,000 award suggests) and there was no evidential basis for Dotcom to be awarded the NZ$30,000 either, RadioNZ reports. Casey also argued that while Dotcom’s 52 requests to 28 ministers and government departments were marked as urgent due to his ongoing extradition battle, the information could not have been used because the window for submitting evidence had already closed. It was also a sizeable request, that could not have been fulfilled quickly, the lawyer said. These factors meant that the allegedly unwieldy request for disclosure was considered vexatious by the then-Attorney General. In Court yesterday, Casey said that Dotcom had demanded “every record mentioning him by name held by every government agency and every then-government minister, plus each agency contracted to work with any of those entities.” Four days have been set aside for the hearing..... *A copy of the original Human Rights Tribunal ruling is available here (pdf).* __________________ PUTIN TRUMP & Netanyahu Will Meet in HELL ..................*SHARKS are Closing in on TRUMP*.......................... *TRUMP WARNS; 'There'll Be a Bloodbath* If I Don't Get Elected'..MAGA - MyAssGotArrested...IT's COMING** PLEASE HELP THIS SITE..Click DONATE & Thanks to ALL Members of ... 1.. THIS SITE IS MORE THAN JUST WAREZ...& TO STOP SPAM-IF YOU WANT TO POST, YOUR FIRST POST MUST BE IN WELCOMES

15-09-18, 04:16	#171
wildhoney66 Senior Member Join Date: Mar 2014 Location: Shangri-La Posts: 307 Thanks: 28 Thanked 227 Times in 171 Posts Awards Showcase Total Awards: 1	re: Kim Dotcom's MEGA Suspends 78,000 Users For Copyright Infringement 1stly that is just plain wrong they would do that to his furniture. what did they raid his house and also tear his furniture apart? the guy wasn't a drug dealer nor was he an arms dealer either. i still want this fat guy to win his case though. i mean sh*t it's been 6 years now why don't they just leave the guy alone? i don't think he's worth the kind of money he used to be worth... at least not that i'm aware of and yes i could be wrong. as for his case/charges being to big i get that but there is no doubt that he filed it in time... it was i'm sure let go on purpose so he would lose. no i have no proof on this but i wouldn't be surprised if it were true. have you heard the MPAA hired a new law firm? they are going after downloads and streaming. they are still damn obessed with piracy, we have a really crummy economy and people in charge who don't give a damn about us and they want to do all this? it's just a waste of money i think. of their time and our money as well since we are paying for that crap

16-04-19, 02:59	#173
wildhoney66 Senior Member Join Date: Mar 2014 Location: Shangri-La Posts: 307 Thanks: 28 Thanked 227 Times in 171 Posts Awards Showcase Total Awards: 1	re: Kim Dotcom's MEGA Suspends 78,000 Users For Copyright Infringement so he lost? ya know it's funny i didn't hear about this at all

10-06-19, 16:26	#174
Ladybbird Join Date: Feb 2011 Posts: 47,574 Thanks: 27,632 Thanked 14,458 Times in 10,262 Posts Awards Showcase Total Awards: 8	re: Kim Dotcom's MEGA Suspends 78,000 Users For Copyright Infringement Kim Dotcom Begins Final Supreme Court Battle to Avoid US Extradition Posted: 10 Jun 2019, T.F. When file-hosting site Megaupload was shut down in 2012, few could have predicted the events of the years to follow. The arrest of founder Kim Dotcom and colleagues Mathias Ortmann, Bram van der Kolk and Finn Batato in New Zealand, triggered dozens of legal processes, many designed to expedite, delay or indeed avoid the quartet’s extradition to the United States. Before it was closed, Megaupload claimed responsibility for around 4% of global Internet traffic. Much of this, the United States government claims, was pirated content, particularly movies, TV shows and music, costing US companies around US$500 million. Dotcom has persistently argued that as an online service provider, Megaupload should receive safe harbor protections in respect of the activities of its users. US authorities, on the other hand, see a massive criminal conspiracy for which the four should face justice on the other side of the world. At every step thus far, the New Zealand legal system has found in favor of sending the men to the United States. In December 2015, Judge Dawson in the District Court found that Dotcom and his associates were eligible for extradition. That decision was subsequently appealed to the High Court, with Dotcom and his now former colleagues launching an appeal alongside a demand for a judicial review. During February 2017, the appellants discovered that both of those efforts had proven unsuccessful. However, the men were granted leave to appeal to the Court of Appeal on two questions of law, including whether the High Court was correct to find that their alleged conduct amounted to an extradition offense. In July 2018, the Court of Appeal upheld the earlier decision that Dotcom and the others were indeed eligible to be extradited. Importantly, the Court considered whether copyright infringement can be a criminal offense in New Zealand and the United States. It was ultimately found that the alleged conduct of the men would breach various offenses under the Crimes Act 1961, meaning that extradition would be permissible. But this wouldn’t be a typical Dotcom matter if a final chance of appeal wasn’t grabbed with both hands. As a result, the case headed to the Supreme Court, where the final hearing is taking place over five days this week, beginning today. “In 2005 I created a website that allowed people to upload files to the cloud. At the time only small files could be attached to emails. Megaupload allowed users to email a link to a file. That’s it,” Dotcom wrote on Twitter this morning. “In 2019 the NZ Supreme Court decides if I should be extradited for this ‘crime’.” While lawyers for the accused are set to pick at every available thread in order to unravel the decision against their clients, early reports from the Supreme Court suggest already familiar themes. Grant Illingworth, representing Mathias Ortmann and Bram van der Kolk, told the Court that he would be arguing that the alleged offenses did not amount to a crime in New Zealand, meaning that they could not be extraditable offenses. But, even if they were, insufficient evidence had been produced to show that offenses had even occurred. “The district court judge misapplied the law at every stage of the judicial analysis,” Illingworth said, as quoted by RNZ. “That constituted a serious miscarriage of justice. No higher court could have justified a finding of that kind, no matter how much they agreed with the outcome.” Interestingly – or perhaps worryingly – it appears that discussions over how Megaupload operated were conducted via analogies this morning. At issue was Megaupload offering content for download and, in some cases, rewarding uploaders for putting that content there in the first place. Justice Susan Glazebrook asked Illingworth whether it would be a breach of copyright if she photocopied a novel hypothetically written by one of her fellow judges and then sold it on a street corner. Illingworth said Megaupload didn’t make the copies, its users did. “They’re providing the photocopier, someone else comes along and uses the photocopier. They’re [Megaupload] not putting up a sign saying, ‘Please come and use our photocopier for illegal purposes,'” he said. Justice Joe Williams then elaborated on the analogy, alluding to Megaupload’s reward program. “What if I get a wheelbarrow and I convey the copies [of the novel] to the street corner, knowing that she’ll be selling them, and she and I have some kind of agreement to share the profits?” he said. Illingworth responded by saying it was never Megaupload’s intention to reward people for illegal behavior, it was all about rewarding them for increasing the site’s traffic. While the hearing is set to run until Friday, any decision will take months to reach. Even if extradition is upheld, it will still need the approval of New Zealand’s Minister of Justice Andrew Little to take place. His signature would mean that the men would be shipped to the US to face charges of copyright infringement, racketeering, and money laundering plus the possibility of years – even decades – in prison.... __________________ PUTIN TRUMP & Netanyahu Will Meet in HELL ..................*SHARKS are Closing in on TRUMP*.......................... *TRUMP WARNS; 'There'll Be a Bloodbath* If I Don't Get Elected'..MAGA - MyAssGotArrested...IT's COMING** PLEASE HELP THIS SITE..Click DONATE & Thanks to ALL Members of ... 1.. THIS SITE IS MORE THAN JUST WAREZ...& TO STOP SPAM-IF YOU WANT TO POST, YOUR FIRST POST MUST BE IN WELCOMES

27-06-19, 03:13	#175
wildhoney66 Senior Member Join Date: Mar 2014 Location: Shangri-La Posts: 307 Thanks: 28 Thanked 227 Times in 171 Posts Awards Showcase Total Awards: 1	re: Kim Dotcom's MEGA Suspends 78,000 Users For Copyright Infringement i didn't read all this cause it all just blended together with some mumbo jumbo my ADD kicked in, but the states want him to set an example is what they want and i hope they don't get him, why? the guy wasn't born in the states why should he be tried here? if he lived he that's one thing but he doesn't. so i say let New Zealand isn't it where he's from? take this case and i hope he does win so he can move on with his life and maybe his winning will help sites like these eh?

14-10-19, 16:47	#176
Ladybbird Join Date: Feb 2011 Posts: 47,574 Thanks: 27,632 Thanked 14,458 Times in 10,262 Posts Awards Showcase Total Awards: 8	re: Kim Dotcom's MEGA Suspends 78,000 Users For Copyright Infringement MPAA and RIAA’s Megaupload Lawsuits Remain on Hold, Perhaps For Years Posted: 14 Oct 2019. TF In 2012, Microsoft first released its operating system Windows 8, Apple came out with the iPhone 5, and Google’s Sergey Brin showed off a Google Glass prototype in the wild. It was also the year when armed police officers swarmed Kim Dotcom’s mansion in a military-style-raid while his hosting service Megaupload was being taken down. It was the beginning of the largest copyright infringement case the U.S. Government had ever launched and one that was far from straightforward. While the earlier mentioned technology continued to progress, the Megaupload case has barely moved. In New Zealand, lawyers have been very busy with the extradition proceedings against Dotcom, but it could be years before that battle ends. This means that the criminal case against Megaupload and several former employees is in limbo. The same is true for the civil cases the RIAA and MPAA filed back in 2014. Since the civil cases may influence the criminal proceedings, Megaupload’s legal team previously managed to put these cases on hold, and last week they requested another extension. In line with other recent requests, the RIAA and MPAA didn’t object to the request. As a result, the court swiftly agreed to issue yet another extension, putting the cases on hold until the spring of next year. However, it would be no surprise if more delays followed in the future. Earlier this year Megaupload founder Kim Dotcom predicted that he will lose his extradition battle at the Supreme Court. That’s not going to be the end of the line though. Using all legal options available, it might take more than five years before the extradition saga ends. Meanwhile, copies of Megaupload’s servers, containing vast amounts of data from millions of users, remain locked up as evidence. Initially, there were some attempts to reunite former users with their personal files, but these appeared to have died off. Interestingly, the most recent mention of any Megaupload ‘data’ came from Kim Dotcom himself. “Still waiting to get access to your Megaupload files?” he wrote, adding that he will email 30 million former US Megaupload users a video link in 2020 explaining how Joe Biden destroyed the site. Apparently, Dotcom still has access to email and IP-addresses of Megaupload users, which he might put to use. In recent weeks, the New Zealand entrepreneur shifted his focus to a service that was once billed as Megaupload 2. This project, now known as K.im, will, in fact, be quite different from its predecessor. While Dotcom is the founder, he no longer has an official position, but acts as its evangelist, helping to raise money through a token sale. When we last covered the project its expected release date was around 2018, but there have been some delays here as well. The latest roadmap indicates that the platform will launch in the third quarter of 2020. By then, we expect that the RIAA and MPAA lawsuits will still be pending. __________________ PUTIN TRUMP & Netanyahu Will Meet in HELL ..................*SHARKS are Closing in on TRUMP*.......................... *TRUMP WARNS; 'There'll Be a Bloodbath* If I Don't Get Elected'..MAGA - MyAssGotArrested...IT's COMING** PLEASE HELP THIS SITE..Click DONATE & Thanks to ALL Members of ... 1.. THIS SITE IS MORE THAN JUST WAREZ...& TO STOP SPAM-IF YOU WANT TO POST, YOUR FIRST POST MUST BE IN WELCOMES

07-12-19, 01:37	#178
wildhoney66 Senior Member Join Date: Mar 2014 Location: Shangri-La Posts: 307 Thanks: 28 Thanked 227 Times in 171 Posts Awards Showcase Total Awards: 1	re: Kim Dotcom's MEGA Suspends 78,000 Users For Copyright Infringement i have heard his real name but i never can remember it

07-12-19, 07:06	#180
wildhoney66 Senior Member Join Date: Mar 2014 Location: Shangri-La Posts: 307 Thanks: 28 Thanked 227 Times in 171 Posts Awards Showcase Total Awards: 1	re: Kim Dotcom's MEGA Suspends 78,000 Users For Copyright Infringement i figured as much but i'm posting stuff on 2 different sites and looking on here so didn't look.

20-12-19, 14:23	#181
Ladybbird Join Date: Feb 2011 Posts: 47,574 Thanks: 27,632 Thanked 14,458 Times in 10,262 Posts Awards Showcase Total Awards: 8	re: Kim Dotcom’s Appeal Denied to Access Illegal Spy Recordings Mega Now Stores 63.8 Billion Files, Has Suspended 78,000 Users For Copyright Infringement Andy, TF, 19 Dec From a standing start in January 2013, file-hosting platform Mega has gone from strength to strength. Founded by Kim Dotcom in response to the Megaupload takedown of 2012, Mega has since parted ways with the entrepreneur but its growth has continued in his wake. According to figures published by Mega, at the end of the final quarter of 2013 the cloud storage company was hosting around 0.6 billion files. In 2014, that had leaped to 3.6 billion files, a figure that almost doubled to 11.9 billion by the end of 2015. The latest published data reveals that at the end of September 2019, Mega was storing an impressive 63.8 billion files. Early 2015 the company published its first transparency report, a common practice for large technology companies including Google, Twitter and Reddit. The latest installment published today by Mega strives to underline the platform’s compliance with local and international law and has a clear emphasis on how it deals with copyright infringement. With an obvious eye on the fate of Kim Dotcom and the ongoing Megaupload saga, Mega stresses that it enjoys safe harbor protections under New Zealand’s Copyright Act in respect of content uploaded by its users. Additionally, while there is no technical need for it to do so, the company says that it also respects the standards required to achieve safe harbor under the DMCA and the EU Copyright Directive. As a result, Mega reports that when it receives a takedown notice it aims to disable access to content within four hours, with takedowns “usually being actioned” well within that self-imposed limit. However, with files reportedly being uploaded at the rate of 500 per second, there are bound to be some that breach copyright law. For the first nine months of 2019, Mega reports that it processed around 317,500 takedown requests. As the table below shows, that is a relatively small number when viewed alongside the total number of files stored by the company. Data provided by Mega shows that the number of links taken down peaked in 2014 at around 150,000, with a downward trend following until late 2015. Since then, takedowns have varied from a low of around 50,000 in the third quarter of 2018 to a high of 120,000 in the second quarter of 2019. However, as the table below shows, the relatively steep rises seen this year had very little impact on the trend of reducing takedowns when compared to the percentage of files stored overall. In light of the ongoing lawsuits in the United States, the manner in which technology companies handle the issue of so-called “repeat infringers” is now a key battleground when questions are raised over liability for infringement. In this regard, it’s clear that Mega doesn’t want to be seen falling short. After initially operating a “five strikes” policy, in 2015 Mega introduced a “three strikes” regime that remains in place today. Related account suspensions peaked in the third quarter of 2017 at just over 8,000 but then suddenly tailed off to a relatively steady 2,000 to 2,500 suspensions per quarter thereafter. Since its inception, Mega says it has suspended around 78,000 accounts for hitting the limits of its repeat infringer policy, which is a significant number but relatively small when compared to the number of user accounts overall. Mega launched as “The Privacy Company” with file encryption a key selling point. The cloud storage platform says that it cannot decrypt any files without the appropriate key but “does have access to registration information and IP addresses used to access our services.” The company adds that it holds personal data relating to users for extended periods, including email and IP addresses, plus “limited activity detail” relating to account access, file uploads, shares, and chats. “Personal data is retained indefinitely while the user’s account is open. After account closure, Mega will retain all account information as long as there is any law enforcement request pending but otherwise for 12 months after account closure as users sometimes request that an account be re-activated,” Mega “After 12 months, identifying information such as email and IP addresses will be anonymized (except that email address records will be retained for reference by the user’s contacts or where the user has participated in chats with other Mega users) but other related database records may be retained.” This information will only be handed over when Mega is required to do so by New Zealand law, a New Zealand court, or law enforcement authority “with appropriate jurisdiction”. However, the company notes that it may “consider” requests from overseas law enforcement and civil claimants. “During the 2018-2019 year, Mega was served 7 legal orders from NZ authorities and then disclosed account information for 540 user accounts which are alleged to be involved in serious criminal activity overseas,” the company concludes. __________________ PUTIN TRUMP & Netanyahu Will Meet in HELL ..................*SHARKS are Closing in on TRUMP*.......................... *TRUMP WARNS; 'There'll Be a Bloodbath* If I Don't Get Elected'..MAGA - MyAssGotArrested...IT's COMING** PLEASE HELP THIS SITE..Click DONATE & Thanks to ALL Members of ... 1.. THIS SITE IS MORE THAN JUST WAREZ...& TO STOP SPAM-IF YOU WANT TO POST, YOUR FIRST POST MUST BE IN WELCOMES

07-02-20, 04:14	#182
Ladybbird Join Date: Feb 2011 Posts: 47,574 Thanks: 27,632 Thanked 14,458 Times in 10,262 Posts Awards Showcase Total Awards: 8	re: Kim Dotcom’s Appeal Denied to Access Illegal Spy Recordings Supreme Court Denies Kim Dotcom’s Appeal to Access Illegal Spy Recordings Andy, TF, 7 Feb20 In the weeks and months leading up to and beyond the 2012 raid on Kim Dotcom and his former associates, the Megaupload founder was being spied on by the authorities in New Zealand. Between December 2011 and March 2012, the highly secretive Government Communications Security Bureau (GCSB) spy agency listened in on the private communications of Kim and former wife Mona Dotcom, plus Megaupload co-defendant Bram van der Kolk. Given the US-instigated investigation into Dotcom and Megaupload, this type of eavesdropping may seem little out of the ordinary. However, GCSB’s powers are limited by law, including that it may not conduct surveillance on New Zealand citizens or permanent residents. Since Dotcom is a permanent resident, that made the spying illegal. Ever since the authorities accepted that potential evidence had been illegally obtained, the Megaupload founder has put considerable effort into finding out exactly what was captured by the GCSB. At every turn, however, he has been declined access to the material. In 2017, for example, the High Court rejected Dotcom’s request, claiming that the release of the intercepted communications would undermine national security. Overall, the ruling added, withholding the information would be in the public interest, even if that was at the expense of Dotcom’s rights. Predictably, Dotcom refused to back down, immediately taking the matter to the Court of Appeal. Unfortunately for him, the result was the same. While accepting that the intercepted communications are “relevant” and could be “put to use”, in a 2019 ruling the Court determined that Dotcom’s right to access the information was outweighed by national security concerns. With the Supreme Court the only avenue left for Dotcom, an appeal was subsequently filed there. In a written judgment published today, the Supreme Court sided with the decisions of the lower courts and refused to hear the appeal. “We are not satisfied that it is necessary in the interests of justice to hear the proposed appeal. While there may be questions arising about the scope and application of s 70 of the Evidence Act, the present case is not the appropriate case to consider those issues,” the panel of three judges writes. “No question of principle arises. Rather, the matters the applicant wishes to raise relate to whether natural justice was met in this particular case and as to the weight given to the competing public interests on these facts.” Rejecting the notion that there had been a miscarriage of justice, the judges note that since the case has been examined in detail by the lower courts and justice will be done by compensating Dotcom for his loss of dignity, the Supreme Court will not review the matter. “Mr Dotcom’s arguments would reprise matters all of which have been carefully examined in the Courts below and, as the Court of Appeal noted, the ‘general nature of the disputed information is known to Mr Dotcom’. In addition, these issues would arise in a context where the respondent has been held to account having accepted liability and the central question is as to the level of damages,” the judges add. In a statement on the decision to deny his appeal, this morning Dotcom criticizes the entire process, drawing particular attention to the fact that his lawyers have been prevented from doing their jobs properly on the grounds of national security. “[T]hey have not been permitted to have any meaningful input into this process because, at every stage, the GCSB has required its evidence and submissions to be treated as classified and heard only in a secret hearing from which my counsel and I were excluded,” Dotcom writes. “The Courts’ reasons were also classified and not stated in their decisions. We have been blindfolded, with one hand tied behind our backs, while up against the fully equipped and limitlessly funded GCSB and Crown lawyers seeking to keep us all in the dark and away from the truth.” While at some point Dotcom will be awarded damages for the illegal spying, he says this process has never been about money, not least since it ceased being economically viable a long time ago. “For me, it has always been about ensuring that we know what has happened and, as a result, the GCSB is held accountable publicly for its unlawful conduct under John Key’s National government. I want to make sure that this never happens again. “We shouldn’t be kept in the dark when state agencies act unlawfully and they should never get away with not being fully accountable to us, as the GCSB has now achieved. They don’t care about paying some money to me and my family, although they will fight to limit that also. They just care about you and I not getting to know what they did, or the actual harm they caused,” he adds. But while today’s ruling was handed down by New Zealand’s top court, Dotcom believes that interference from the United States played an important role in denying him access to the illegally captured communications. As a result, he’s now embarking on a new mission, one to change the law in New Zealand. “I don’t like the United States influencing what we all should be entitled to as people of New Zealand, as I fear may have happened here. No one should. But, they, and the GCSB, has stopped me from knowing the truth, at least for now. If the Court of Appeal’s decision represents the law in New Zealand, then the law must change. I will fight for that change. Please join me,” he concludes. As reported last week, Dotcom is awaiting another decision from the Supreme Court regarding his extradition to the United States. He doesn’t believe the decision will go in his favor but is preparing for a long battle, one that could see him fight in New Zealand for another seven years. __________________ PUTIN TRUMP & Netanyahu Will Meet in HELL ..................*SHARKS are Closing in on TRUMP*.......................... *TRUMP WARNS; 'There'll Be a Bloodbath* If I Don't Get Elected'..MAGA - MyAssGotArrested...IT's COMING** PLEASE HELP THIS SITE..Click DONATE & Thanks to ALL Members of ... 1.. THIS SITE IS MORE THAN JUST WAREZ...& TO STOP SPAM-IF YOU WANT TO POST, YOUR FIRST POST MUST BE IN WELCOMES

07-11-20, 17:45	#184
Ladybbird Join Date: Feb 2011 Posts: 47,574 Thanks: 27,632 Thanked 14,458 Times in 10,262 Posts Awards Showcase Total Awards: 8	re: Kim Dotcom: MEGA Pair Convicted -Specific Crimes They Admitted Megaupload: Police Prepare to Seize Assets of Co-Founder Mathias Ortmann Kim Dotcom Can Be Extradited To The United States, Subject to Judicial Review Andy Maxwell TF, 06 Nov 2020 Earlier this week attention turned to New Zealand’s Supreme Court as a panel of judges prepared to publish their decision in the extradition case of Kim Dotcom and several of his former Megaupload colleagues. In their ruling, a panel of judges at the Supreme Court confirmed that Dotcom and former Megaupload colleagues Mathias Ortmann, Bram van der Kolk, and Finn Batato, can technically be extradited to the United States to face charges of criminal copyright infringement. However, the Court also granted the men permission to challenge the decision via a judicial review. Mathias Ortmann Now Under the Spotlight Just days after Dotcom’s legal team welcomed the chance to have their say on the alleged deficiencies in the case thus far, all eyes are now turning to Mathias Ortmann. While all of the defendants are facing extradition and serious criminal charges in the United States, as Megaupload co-founder and Dotcom’s former right-hand man, Ortmann is one of the more important pieces in this constantly shifting puzzle. Like Dotcom, Ortmann helped generate significant sums of money for Megaupload and indeed himself, something that didn’t go unnoticed by authorities in the United States who are now trying to get their hands on his assets overseas. Police Are Preparing to Seize Assets in Australia According to a report in The Australian (paywall), the Australian Federal Police (AFP) are preparing to seize assets in the country attributable to Ortmann. The precise nature of those assets is unclear but back in 2015, an asset forfeiture complaint (pdf) filed by the US Government as part of the action against the ‘Mega Conspiracy’ listed Ortmann as the account holder for several Megaupload-related bank accounts in Australia. Huge volumes of cash, vehicles and other assets were originally seized by the authorities following the 2012 raid on Megaupload. Dotcom was subsequently able to claw back some of these after legal processes in New Zealand and Hong Kong. However, after being branded as fugitives by the US Government, Dotcom and his co-defendants were still denied access to millions of dollars. An appeal failed, as did further action at the Court of Appeals for the Fourth Circuit. Authorities Obtained Order to Seize Ortmann’s Australian Assets In 2017, the US Supreme Court refused to hear a further appeal by the defendants. As a result, the authorities obtained an order from a court in Virginia to use the Australian Federal Police to seize Ortmann’s Australian assets. On the back of the US foreign forfeiture order, the AFP is now pursuing Ortmann through the Supreme Court of New South Wales. According to The Australian, Ortmann – who together with co-defendant Finn Batato still works at Megaupload successor Mega in New Zealand – is yet to respond to the forfeiture attempt. Kim Dotcom Extradition - PREVIOUS REPORT Ever since Megaupload was raided in 2012, the US Government has been trying to ship Kim Dotcom, Mathias Ortmann, Bram van der Kolk, and Finn Batato out of New Zealand but the path has not been smooth. The process in New Zealand begins when a country, in this case the United States, asks a local court to determine whether the people to whom it desires access are eligible to be extradited under the Extradition Act 1999. In basic terms, this means that the US needed to show that the alleged offenses would result in a trial in New Zealand if they had taken place there, i.e the offenses were crimes in both countries. Dotcom has long argued against this assertion, insisting that his long-defunct Megaupload service enjoyed “safe harbor” protections under New Zealand law. Extradition Hearing at the Supreme Court After several lower courts determined that the Megaupload defendants can indeed be extradited to the United States, in June 2019 the New Zealand Supreme Court heard the hugely controversial matter. The ‘Megaupload Four’ were hoping that a panel of judges at the country’s highest court would see things in a different light and deny the United States an opportunity to try the men on US soil. Dotcom previously predicted that the Supreme Court would return a 3:2 majority in favor of extradition but what has transpired today does not provide the absolute finality many observers expected. Dotcom Can Be Extradited But Can Challenge This Decision In a decision handed down minutes ago, the Supreme Court confirms that Dotcom and his Megaupload colleagues can technically be extradited to the United States to face charges of criminal copyright infringement. However, the Court has also granted the quartet permission to challenge the decision via a judicial review. The issue lies with a 2015 decision at the District Court which ruled that Dotcom could be extradited. The Megaupload founder’s legal team argued that the court had made errors in its judgment but their calls for a judicial review fell on deaf ears at the High Court and Court of Appeal. In its judgment today, the Supreme Court said that those higher courts were wrong to determine that Dotcom’s application for a judicial review was an abuse of process. This means that yet more legal arguments will have to be heard. If Dotcom and his colleagues fail at that stage, they will be eligible for extradition. However, any extradition would only take place on copyright grounds since the Supreme Court has ruled that the men are not eligible to be surrendered in respect of money laundering since there is “no matching New Zealand offense.” Statement From Dotcom’s Lawyer; Describing the judgment as a “mixed bag”, Dotcom’s lawyer Ron Mansfield says that the judgment gives no final answer to the question of whether his client should be extradited. He also notes that the Supreme Court did not accept the defense’s safe harbor copyright arguments, something which could have “an immediate and chilling” impact on the Internet. “It will be interesting to see how the challenges now faced by Internet Service Providers are responded to. Can they live with it? Will it result in access restrictions and further costs that we will all incur as a result? Or will our Government be lobbied to intervene and provide real and workable protections for them?” Mansfield questions. On the plus side, Mansfield appears satisfied that the Supreme Court has determined that the defense should be able to address the “serious procedural issues” that have arisen in the case. “This means there will be further argument in the Court of Appeal and/or the Supreme Court regarding these significant concerns that are well established in the evidence. This is significant and means that nothing further can happen until the further required hearings take place. “Kim stays here, at home, with his family,” Mansfield concludes. __________________ PUTIN TRUMP & Netanyahu Will Meet in HELL ..................*SHARKS are Closing in on TRUMP*.......................... *TRUMP WARNS; 'There'll Be a Bloodbath* If I Don't Get Elected'..MAGA - MyAssGotArrested...IT's COMING** PLEASE HELP THIS SITE..Click DONATE & Thanks to ALL Members of ... 1.. THIS SITE IS MORE THAN JUST WAREZ...& TO STOP SPAM-IF YOU WANT TO POST, YOUR FIRST POST MUST BE IN WELCOMES

12-11-20, 20:03	#185
Ladybbird Join Date: Feb 2011 Posts: 47,574 Thanks: 27,632 Thanked 14,458 Times in 10,262 Posts Awards Showcase Total Awards: 8	re: Kim Dotcom: MEGA Pair Convicted -Specific Crimes They Admitted Kim Dotcom Set to Win Damages Over NZ Government Privacy Act Requests Andy Maxwell, TF 12 Nov Following the raid on his Megaupload file-hosting site in 2012, Kim Dotcom and his former colleagues have been fighting legal battles on multiple fronts. Just last week, another chapter was closed after the Supreme Court ruled that while Dotcom, Mathias Ortmann, Bram van der Kolk, and Finn Batato can technically be extradited to the United States to face charges of criminal copyright infringement, the decision came with a caveat. In 2015, the District Court made a considerable error by not allowing Dotcom’s appeal for a judicial review, something which the Supreme Court insists he must now be allowed before extradition can take place. Another blunder in 2015, this time over another set of Dotcom requests that were disallowed, has today resulted in another incremental win for Dotcom. Half a Decade Ago, Dotcom’s Request For Urgent Information Five years ago, in the same year he was wrongfully denied a judicial review, Dotcom made requests to dozens of ministers and multiple government departments to urgently disclose information pertinent to his case and indeed his defense. Rather than handle these requests directly, the parties referred them to then-Attorney General Chris Finlayson. Describing them as vexatious and baseless, Finlayson denied the requests. This denial prompted Dotcom to file a complaint with the Human Rights Review Tribunal (HRRT), accusing the New Zealand Government of wrongfully withholding information to which he was entitled. In March 2018, the Tribunal ruled in Dotcom’s favor, stating that the Crown was “in clear breach of its obligations under the Privacy Act.” Dotcom won NZ$60,000 in damages for “loss of dignity or injury to feelings” plus another NZ$30,000 to compensate for the lack of disclosure. In response, however, the Crown appealed the decision and in September 2018 the matter was heard before the High Court in Wellington. Dotcom lost, with the Court siding with the Attorney-General’s appeal, describing the damages award as “wholly erroneous” on the grounds that there was no evidence to show the information being sought was relevant to the proceedings. Of course, Dotcom wasn’t done and immediately vowed to reverse a decision that in his words represented a “bad day for human rights” in New Zealand. Court of Appeal Rules in Dotcom’s Favor After five long years, this morning the Court of Appeal ruled that Dotcom’s 52 requests sent to 28 ministers and many government departments under the Privacy Act were handled incorrectly. In a 42-page decision, the Court found that the former government of John Key was wrong to transfer all of Dotcom’s requests regarding his extradition to then-Attorney General Chris Finlayson. “The transfers of Mr Dotcom’s information privacy requests to the Attorney-General were invalid and, on the face of it, an interference with Mr Dotcom’s privacy,” the decision reads, adding that the refusal to respond to Dotcom’s requests on the grounds they were vexatious was not supportable. According to the Court of Appeal’s decision, the dozens of requests filed by Dotcom, which aimed to discover what various government agencies and ministers had been saying about him, should have been handled individually by the entities targeted by Dotcom. They include New Zealand’s Reserve Bank, which initially responded to Dotcom’s request, and the Ministry of Defence, which also acknowledged the request for information and indicated it was preparing its response before an intervention took place. The decision to override these and other potential responses and refer them to Finlayson instead was revealed by the Ministry of Justice in a letter to the various agencies dated late July or early August 2015. The subsequent responses from the various agencies to that letter contained an error that was repeated across the board. The Court of Appeal accepted this as a clear sign that the agencies were provided with a template response by the Crown Law Office. Matter Now Headed For the Human Rights Review Tribunal After allowing Dotcom’s appeal, the Court of Appeal will now send the matter to the Human Rights Review Tribunal. It will consider the scale of the damages owed to Dotcom following the interference with his privacy rights caused by the wrongful transfer of his information privacy requests to Finlayson. On Twitter, Kim Dotcom welcomed the decision. “Big Win – We’ll finally find out what the National Govt was hiding for all these years unless the current Govt continues the unlawful withholding and redaction of information I’m legally entitled to. This Judgement echoes what the Human Rights Tribunal ruled in my case. Exciting,” he wrote this morning. __________________ PUTIN TRUMP & Netanyahu Will Meet in HELL ..................*SHARKS are Closing in on TRUMP*.......................... *TRUMP WARNS; 'There'll Be a Bloodbath* If I Don't Get Elected'..MAGA - MyAssGotArrested...IT's COMING** PLEASE HELP THIS SITE..Click DONATE & Thanks to ALL Members of ... 1.. THIS SITE IS MORE THAN JUST WAREZ...& TO STOP SPAM-IF YOU WANT TO POST, YOUR FIRST POST MUST BE IN WELCOMES

06-12-20, 19:09	#186
Ladybbird Join Date: Feb 2011 Posts: 47,574 Thanks: 27,632 Thanked 14,458 Times in 10,262 Posts Awards Showcase Total Awards: 8	re: Kim Dotcom: MEGA Pair Convicted -Specific Crimes They Admitted Mega Has Now Terminated 95,000 Users For Repeat Copyright Infringement Founded by Kim Dotcom following the takedown of Megaupload in 2012, Mega’s rise has been nothing less than impressive. Andy Maxwell TF, 6 Dec Despite parting ways with the entrepreneur several years ago, the cloud storage platform has gone from strength to strength. Late 2013, the site was hosting around 0.6 million files, a figure that increased to 3.6 billion just a year later. In 2019, the site reported 63.8 billion files on its servers but for Mega, significant further growth is only ever a few moments away. “Mega’s users upload approximately 65 million files per day, 750 files per second on average,” Mega revealed this week. Mega Publishes 2020 Transparency Report According to the company’s just-published transparency report, by September 2020 Mega was playing host to around 84 billion files, a ~32% increase over the previous reporting period. Those files were uploaded by more than 200 million registered users located in 200 countries, all of whom enjoy end-to-end encryption that hides the content of their files both from Mega and the wider world. Mega offers features that can be compared to those at Dropbox, so it is an attractive proposition for people looking to back up their own content, documents, and other files. But while Mega is privacy-focused by design, users are still able to easily share their files with third-parties as long as their links contain a decryption key. When this is the case, some users treat Mega like any other file-hosting platform – in some cases to store and distribute copyright-infringing files such as movies, music, TV shows, and just about anything else. Copyright Infringement & Content Removal When shared openly with the public, these links to pirated content attract the attention of copyright holders which are then able to file a complaint with Mega to have them taken down. Mega says that complaints and resulting takedowns happen quickly – certainly within four hours but often in minutes. Copyright holders have three options; the removal of a specified link to a file, the removal of all links to a file, or the removal of all links to and all instances of the file. During the most recent reporting period spanning 12 months to September 2020, rightsholders filed 1.193 million takedown requests with Mega, which sounds like a lot but when compared to the overall storage maintained by the site, percentages are low. During the months covered by the report, the total number of links and/or files taken down peaked at just 0.0006% of the site’s total files, having hit a low of 0.0002% of total files during the first quarter. (Note: Mega’s first reporting quarter is Q4 of the previous year) Mega Transparency 2020 While Mega took down many more links/files during its last 12 month period than it did in any previous year since its inception, the report suggests that in terms of overall content, Mega has a very low ratio of infringing versus non-infringing content. The chart below shows a general upward trend of links taken down in 2019/2020 but the almost flat red line since 2017 reveals that despite a worrying start back in 2013, the percentage of links/files that aren’t considered infringing on the service are now keeping ratios well and truly pinned back. Mega Takedowns 2020 “The number of unique takedown requests submitted represents a very small percentage of the total number of files stored on Mega. In Q3 2020, the links taken down represented 0.0004% of the 84 billion files uploaded to Mega servers,” the company writes. Also a factor is the volume of incorrect notices sent to the company by copyright holders. Mega doesn’t provide a specific number but does note that when users file counternotices, the majority are accepted by the company. “This is probably because many content owners and agents trawl the Internet using robots which generate incorrect notices on behalf of copyright owners, and due to the failure of owners and agents to review the specific link content,” Mega notes. Dealing With Repeat Infringers After initially operating a “five strikes” policy, in 2015 Mega introduced a “three strikes” regime to deal with users who receive multiple copyright takedown requests against their account. The company’s policy applies to users who receive three valid complaints in any six-month period. While incorrect claims are disregarded upon successful appeal and don’t count towards a ban, users reaching this limit have their accounts terminated. “As of 30th September 2020, Mega had suspended 94,966 users for repeated infringement,” the company notes, adding that the data reveals that “suspensions have declined to a very small % of the number of registered users.” Mega Copyright Suspensions As the image above shows, Mega terminated around 8,850 users during the last 12-month reporting period, which is way down from the peaks observed in 2013, 2015 (change to ‘three strikes’) and 2017, and relatively stable when averaged out over the past three years. Suspending Other Accounts Due to Objectionable Content While terminating 95,000 users in total for repeat copyright infringement offenses may sound like a lot, that figure is dwarfed when it comes to the action taken by the company against those who upload child exploitation and other objectionable content. Mega says that it has terminated 565,000 accounts for storing and sharing this type of content and in all cases account information was made available to law enforcement agencies. “Although all files stored on Mega are encrypted prior to being uploaded to our system, and we therefore cannot access that content unless we are provided with the decryption key, Mega does have access to user registration information and the IP addresses used to access our services,” the company says in respect of handing user data over to the authorities. “After 12 months, identifying information such as email and IP addresses is anonymized (except that email address records are retained for reference by the user’s contacts or where the user has participated in chats with other Mega users), but other related database records may be retained. This includes records of financial transactions relating to a user’s account where Mega is legally required to retain such information.” __________________ PUTIN TRUMP & Netanyahu Will Meet in HELL ..................*SHARKS are Closing in on TRUMP*.......................... *TRUMP WARNS; 'There'll Be a Bloodbath* If I Don't Get Elected'..MAGA - MyAssGotArrested...IT's COMING** PLEASE HELP THIS SITE..Click DONATE & Thanks to ALL Members of ... 1.. THIS SITE IS MORE THAN JUST WAREZ...& TO STOP SPAM-IF YOU WANT TO POST, YOUR FIRST POST MUST BE IN WELCOMES

17-02-21, 22:43	#187
Ladybbird Join Date: Feb 2011 Posts: 47,574 Thanks: 27,632 Thanked 14,458 Times in 10,262 Posts Awards Showcase Total Awards: 8	re: Kim Dotcom: MEGA Pair Convicted -Specific Crimes They Admitted NZ Government Lawyers Spent 40,500 Hours Battling Kim Dotcom and Megaupload TF, 16 FEB 2021 On 19 January 2012, the United States Department of Justice seized and shutdown Megaupload, a massive cloud-storage site founded by Kim Dotcom. On the same day, Dotcom and several of his associates were arrested in New Zealand in a military-style raid on his rented mansion, carried out at the behest of US authorities. Ever since, the United States justice system has fought tooth and nail to have Dotcom, Mathias Ortmann, Finn Batato and Bram van der Kolk extradited. That has proven difficult, to say the least. Unstoppable Force Meets Immovable Object Whether US or New Zealand authorities expected a monumental fightback from their targets is unknown. But that is exactly what they got. Rather than backing down, Dotcom’s defense team hasn’t given an inch, with every substantial claim challenged in minute detail, and every counterclaim met with the same determination. As a result, New Zealand’s courts have been kept busy for more than nine years, expending resources on several cases – many involving extradition matters – that are still not over. But while the outcome of this entire process remains uncertain, there can be no doubt over the scale of financial resources poured into the prosecution of Kim Dotcom. Until now, only estimates of the true costs involved have been aired in public but thanks to an Official Information Act request and data published by NZ Herald (paywall), the cost to New Zeland’s taxpayers thus far are now up for scrutiny. New Zealand’s Bill is Substantial and Growing Earlier estimates of a few thousand hours spent on various Dotcom-related cases seemed to be within reason. However, the latest published figures show that government lawyers have already spent 40,500 hours working on these cases over the past decade. Or, as NZ Herald frames it, if the lawyers had been working 40-hour weeks, the effort exerted would be 19 years and six months. Worryingly, that’s not the entire financial picture either. The data shows that on top of the 40,500 hours of government lawyer time, extra costs including external legal work, airfares, and general administration, account for an additional NZ$3.6 million (US$2.6 million) in expenditure. Allocation of Legal Resources Government spending on the Megaupload matter reportedly began before Dotcom was even arrested. In preparing the case against him, Crown Law – the office that provides legal advice and representation services to the government – had already spent 432 hours working on the case. Then in 2012, 2013, and 2014, more than 7,000 hours were expended each year dealing with the fallout. And the fallout has been huge. Dotcom’s cases have expanded into an interconnected web of complex processes, dealing with matters such as illegal spying by government agencies through to the extradition case itself. In 2011, Crown Law was prepared for two proceedings. Since then the tally has grown to almost two dozen. Goliath Versus…Goliath? That a wealthy Pacific nation can afford to continue with expensive litigation over the course of a decade shouldn’t be a surprise but the fact that it is effectively up against the determination and resources of one man should be pause for thought. Kim Dotcom has occasionally hinted at the scale of his legal bills since 2012, suggesting that they run into the tens of millions of dollars. How he has been managing to pay those bills after the authorities reportedly seized most of his assets isn’t completely clear but as recently as 2015, he was apparently “broke and destitute” and begging the courts for seized assets to be released. Since then there has been little sign that Dotcom is struggling for cash, with his luxury lifestyle often portrayed on Twitter to the envy of many followers. How much he has spent on lawyers since 2012 isn’t revealed in the latest data but according to NZ Herald’s analysis, matching the New Zealand government’s expenditure would’ve cost Dotcom around NZ$25 million (US$18 million). Not Over Yet While Crown Law initially seemed somewhat unprepared for the expansive battle that eventually panned out, the office will have by now got the message that Dotcom isn’t one to back down. Despite all of the money spent on both sides to date, Dotcom is still entrenched in New Zealand and most probably will remain that way for years to come. Meanwhile, Dotcom is as defiant as ever – both in court and on Twitter, of course. 40,000 hours wasted on this novel bull** case which makes New Zealand look like an obedient colonial appendix defecating on their own rule of law in exchange for some “brownie points”. Embarrassingly dependent and spineless. But at least I don’t get Covid in New Zealand — Kim Dotcom (@KimDotcom) February 16, 2021 __________________ PUTIN TRUMP & Netanyahu Will Meet in HELL** ..................*SHARKS are Closing in on TRUMP*.......................... *TRUMP WARNS; 'There'll Be a Bloodbath* If I Don't Get Elected'..MAGA - MyAssGotArrested...IT's COMING** PLEASE HELP THIS SITE..Click DONATE & Thanks to ALL Members of ... 1.. THIS SITE IS MORE THAN JUST WAREZ...& TO STOP SPAM-IF YOU WANT TO POST, YOUR FIRST POST MUST BE IN WELCOMES

23-02-21, 10:09	#188
Ladybbird Join Date: Feb 2011 Posts: 47,574 Thanks: 27,632 Thanked 14,458 Times in 10,262 Posts Awards Showcase Total Awards: 8	re: Kim Dotcom: MEGA Pair Convicted -Specific Crimes They Admitted Kim Dotcom, United States & NZ Supreme Court All Agree to Court of Appeal Referral Andy Maxwell, 22 Feb 2021 Ever since the Megaupload raids in 2012, the US Government has been trying to extradite Megaupload founder Kim Dotcom and former colleagues Mathias Ortmann, Bram van der Kolk, and Finn Batato to face a laundry list of offenses underpinned by allegations of mass copyright infringement. Under New Zealand’s Extradition Act 1999, the US needed to show that the alleged crimes would result in a trial in New Zealand if those offenses had been committed there – i.e they are offenses in both countries. Several lower courts in New Zealand found that to be the case but the matter ultimately ended up at the Supreme Court. Supreme Court Agrees – With Caveats Last November, the Supreme Court agreed with the lower courts that the quartet could indeed be shipped to the United States. However, a significant technicality needed to be resolved first. In 2015, the District Court found that Dotcom and his former colleagues could be extradited but according to the Megaupload founder’s legal team, the Court made errors in its judgment. In response, the lawyers demanded a judicial review but both the High Court and Court of Appeal denied that request. In last year’s extradition ruling the Supreme Court held that both lower courts were wrong to determine that Dotcom’s application for a judicial review was an abuse of process. A review should go ahead before extradition can take place, the Supreme Court ruled. Supreme Court To Handle – or Back to the Court of Appeal? Following the Supreme Court ruling last year, Dotcom’s lawyer Ron Mansfield noted that there must now be further argument at either the Supreme Court or Court of Appeal, but exactly where that discussion would take place was yet to be determined. This morning a new Supreme Court judgment answered that question, revealing a split in the Megaupload camp and a rare moment of agreement between Dotcom and the US Government. Penned by judges Winkelmann CJ, Glazebrook, O’Regan, Ellen France and Williams JJ, the judgment notes that following the conclusion that a judicial review is required, the Supreme Court sought submissions from all parties to determine whether the unresolved issues should be addressed at the Supreme Court or the Court of Appeal. The US Government and Kim Dotcom told the Supreme Court that they would like the matter to be returned to the Court of Appeal, with Dotcom’s reasoning as follows: “[A referral to the Court of Appeal] will ensure that, when the matter ultimately comes before [the Supreme Court], this Court will have the benefit of a reasoned appellate decision in the usual way. Otherwise, the Appellant is denied a right of appeal and the Court is denied the benefit of the issues on appeal having been appropriately considered and refined. This will also be a better utilization of this Court’s resources,” Dotcom’s submission reads. According to the Supreme Court judges, the United States Government supported Dotcom’s submission for “largely the same reasons.” However, Mathias Ortmann, Bram van der Kolk, and Finn Batato asked for the process to take a different path. With a request for the matter to be handled by the Supreme Court, the trio argued that since the Supreme Court has the most recent experience of the case, it would be best placed to deal with the outstanding issues. They also pointed out that whatever the decision by the Court of Appeal, one side or the other would seek to appeal that decision to the Supreme Court, putting the matter back to where it is now. Case Going Back to the Court of Appeal “We are reluctant to override the preference of Mr Dotcom and the United States, given that both attach importance to the potential for an appeal against the decision resolving outstanding issues,” today’s judgment reads. “While we acknowledge the position of the other appellants, particularly their argument that remission to the Court of Appeal, with the possibility of a further appeal to this Court, could cause further delay, we consider it would not be appropriate for this Court to deal with the issues directly in the face of opposition from both Mr Dotcom as the other appellant and the United States as the respondent.” In short, the case will now go back to the Court of Appeal, in line with the requests of Dotcom and the US. However, while the parties agree on location, the Supreme Court acknowledges that there is “substantial division” over which issues remain unresolved, so that will be something the Court of Appeal will have to preside over. Even More Delay, More Hours Billed By Lawyers As reported last week, New Zealand tax payers are already in the hole for at least 40,500 hours of time spent by government lawyers fighting Dotcom and his former colleagues. The decision by the Supreme Court means that tally will rise further still, with the case first going to the Court of Appeal then back to the Supreme Court. And that won’t be the end of the matter either. When an extradition is approved, New Zealand’s Justice Minister is required to sign the warrant. In this case, however, his or her decision (who knows who will be in the role at the time) could be sent to the High Court for a review, on to the Court of Appeal in the event of a further dispute, and even back to the Supreme Court. The judgment can be found here (pdf) . __________________ PUTIN TRUMP & Netanyahu Will Meet in HELL ..................*SHARKS are Closing in on TRUMP*.......................... *TRUMP WARNS; 'There'll Be a Bloodbath* If I Don't Get Elected'..MAGA - MyAssGotArrested...IT's COMING** PLEASE HELP THIS SITE..Click DONATE & Thanks to ALL Members of ... 1.. THIS SITE IS MORE THAN JUST WAREZ...& TO STOP SPAM-IF YOU WANT TO POST, YOUR FIRST POST MUST BE IN WELCOMES

08-10-21, 12:45	#189
Ladybbird Join Date: Feb 2011 Posts: 47,574 Thanks: 27,632 Thanked 14,458 Times in 10,262 Posts Awards Showcase Total Awards: 8	re: Kim Dotcom: MEGA Pair Convicted -Specific Crimes They Admitted Kim Dotcom: The Most Wanted Man Online (Cyber Crime Documentary) BBC News 8 OCT 2021. The larger-than-life story of Kim Dotcom, the ‘most wanted man online’, is extraordinary enough, but the battle between Dotcom and the US Government and entertainment industry—being fought in New Zealand—is one that goes to the heart of ownership, privacy and piracy in the digital age. Kim Dotcom (born Kim Schmitz, 21 January 1974), also known as Kimble and Kim Tim Jim Vestor, is a German-Finnish Internet entrepreneur and political activist who resides in Queenstown, New Zealand. He first rose to fame in Germany in the 1990s as an Internet entrepreneur and was convicted on charges of computer fraud in 1994. __________________ PUTIN TRUMP & Netanyahu Will Meet in HELL ..................*SHARKS are Closing in on TRUMP*.......................... *TRUMP WARNS; 'There'll Be a Bloodbath* If I Don't Get Elected'..MAGA - MyAssGotArrested...IT's COMING** PLEASE HELP THIS SITE..Click DONATE & Thanks to ALL Members of ... 1.. THIS SITE IS MORE THAN JUST WAREZ...& TO STOP SPAM-IF YOU WANT TO POST, YOUR FIRST POST MUST BE IN WELCOMES

12-10-21, 09:14	#190
Ladybbird Join Date: Feb 2011 Posts: 47,574 Thanks: 27,632 Thanked 14,458 Times in 10,262 Posts Awards Showcase Total Awards: 8	re: Kim Dotcom: MEGA Pair Convicted -Specific Crimes They Admitted Megaupload Lawsuits Remain in Limbo After Nearly 10 Years Passed TF 12 OCT 2021. Ten years ago, online streaming hadn’t fully caught on yet and Netflix still had dozens of active DVD-mailing locations throughout the United States. Streaming piracy was relatively new as well with most ‘pirates’ still downloading movies from torrent sites or cyberlockers. While cyberlockers have plenty of legal uses, copyright holders viewed most of these services as pirate portals. This included Megaupload, which was by far the largest platform in this business. Dark Clouds Looming In hindsight, the end of 2011 was a crucial period. Megaupload was more popular than ever, something highlighted in the “Megaupload Song“, an unprecedented PR campaign featuring P Diddy, Will.i.am, Alicia Keys, Kanye West, Snoop Dogg, Kim Kardashian, Floyd Mayweather, and other stars. What Megaupload and its founder Kim Dotcom didn’t know was that, at the same time, U.S. law enforcement was gearing up to bring the site down. A few weeks later, hundreds of Megaupload servers were seized while Dotcom’s mansion in New Zealand was raided in a military-style operation. Fierce Extradition Battle The U.S. Department of Justice teamed up with New Zealand police and hoped that Dotcom and several other Megaupload defendants would be swiftly extradited. That was idle hope. The Megaupload defendants fiercely contested the extradition request, which they are still doing to this day. After spending millions of dollars in legal fees, the end of this process is still nowhere in sight. Without extraditions, the criminal proceeding in the U.S. remains pending and the latest update in the court docket dates back five years. RIAA and MPA Cases Postponed This delay also affects the civil cases filed by the RIAA and the MPAA, which plan to hold the Megaupload defendants liable for millions in music and movie piracy damages respectively. Since the civil cases can potentially influence the criminal proceedings, Megaupload’s legal team previously asked to put these cases on hold, and last week they requested another extension, which was swiftly granted by the federal court in Virginia. With no objections from the MPA and RIAA, it is no surprise that the stay until April 2022 was granted. If anything, these motions serve as a bi-annual reminder of the lack of progress in the Megaupload case. The extradition process in New Zealand may very well continue for several more years. And in the event that the defendants are extradited, it will take much longer before the criminal case concludes. This means that 2022 may eventually become, 2023, 2025, 2032, and so on. __________________ PUTIN TRUMP & Netanyahu Will Meet in HELL ..................*SHARKS are Closing in on TRUMP*.......................... *TRUMP WARNS; 'There'll Be a Bloodbath* If I Don't Get Elected'..MAGA - MyAssGotArrested...IT's COMING** PLEASE HELP THIS SITE..Click DONATE & Thanks to ALL Members of ... 1.. THIS SITE IS MORE THAN JUST WAREZ...& TO STOP SPAM-IF YOU WANT TO POST, YOUR FIRST POST MUST BE IN WELCOMES

21-10-21, 13:47	#191
Ladybbird Join Date: Feb 2011 Posts: 47,574 Thanks: 27,632 Thanked 14,458 Times in 10,262 Posts Awards Showcase Total Awards: 8	re: Kim Dotcom: MEGA Pair Convicted -Specific Crimes They Admitted MEGA 144,000+ Users Have Been Terminated For Repeat Copyright Infringement T.Freak 21 OCT 2021. Famously founded by Kim Dotcom a year after the 2012 shutdown of Megaupload, Mega has grown to become one of the most popular cloud storage sites online today. Dotcom is no longer involved with the platform but that hasn’t affected its growth. In its launch year Mega hosted just 0.6 million files but just 12 months later, that had grown to an impressive 3.6 billion. By 2019, the number of files stored had swelled to 63.8 billion and last year that figure grew further still, topping out at 84 billion files. This data is presented in Mega’s annual transparency report and this week the company published its latest set, revealing that it now has 230 million users in more than 200 countries and territories. Together those users are storing more than 100 billion files utilizing end-to-end encryption, meaning that the platform continues to grow. Copyright Infringement & Content Removal Right from the beginning, Mega has been promoted as a privacy platform, meaning that not even the company itself is able to look at what content is being stored on its servers. This is a welcome feature for users but it’s still possible for them to share stored content with outsiders, as long as links are distributed with a decryption key. It follows then that some Mega users utilize the service for sharing copyrighted content including movies, music and TV shows, much as they had done with Megaupload. In what appears to be a clear effort to distance itself from its predecessor, however, Mega is overtly public about what actions it takes to tackle infringement in response to valid or at least uncontested copyright holder requests. During the most recent reporting period spanning 12 months to September 2021, Mega received more than 2.3 million takedown requests from copyright holders, up from around 1.2 million in the previous reporting period. The company says that it aims to process takedowns within a maximum of four hours, with most takedowns being actioned within minutes. Mega takedowns 2021 transparency “The number of files which have been subject to such takedown notices continues to be very small [compared to overall files stored], indicative of a user base which appreciates the speed, flexibility and privacy of Mega’s systems for legitimate business and personal use,” the company says. “In Q3 2021, the links taken down represented 0.0007% of the 107 billion files uploaded to Mega servers.” In common with many online platforms that handle user-uploaded content, Mega also processes copyright counternotices, which allow those wrongfully targeted with a takedown request to file an objection. The company says that most of the counternotices it receives are both genuine and appropriate but the number it receives is vanishingly small. In the previous reporting period, Mega processed 20 counternotices. In the latest, that had dropped to just 13, none of which were contested by the original complainant. This suggests that the overwhelming majority of copyright complaints are genuine, with possibly a small number targeting files that users simply don’t care enough about. Repeat Infringer Policy After initially operating a “five strikes” policy, in 2015 Mega introduced a “three strikes” regime that remains in place today. “Mega suspends the account of any user with three copyright takedown strikes within six months. In some cases, the account can be reinstated after it is proved to be the subject of invalid takedown notices, but most suspended accounts are terminated,” the company says. Account suspensions for alleged copyright infringement peaked in the third quarter of 2017 at just over 8,000 but tailed off to a relatively steady 2,000 to 2,500 suspensions per quarter thereafter. In the 2019/20 period, Mega suspended a total of 8,845 accounts, a number that increased to 9,716 in the most recent 12-month period. Added together, the total number of accounts suspended is large but as Mega is keen to point out, the overall number of users on the platform should be considered for context. “As at 30th September 2021, Mega had suspended 144,813 users for repeated copyright infringement. The data below shows that suspensions are a very small % of the number of registered users,” its new report reads. Mega Repeat Infringers Storage of Personal Data Finally, Mega reports that it currently stores “very limited” non-encrypted personal data on servers in New Zealand, Canada and/or Europe, suggesting none in the United States. This data includes users’ email addresses and “some activity” relating to account access, file uploads, shares, and chats. However, digging into the service’s privacy policy reveals that when people use Mega, its systems retain metadata including IP address and port information for logins, API usage, file uploads, folder creations and link exports. This means that if a user shares a file in public with a decryption key attached, copyright owners can identify the content and potentially link that to an account at Mega carrying personal data. Mega also stores the email addresses of anyone that users have contacted using Mega’s systems, the email addresses of chat participants, plus chat commencement and duration times. Account data is kept for as long as accounts are active and in the event that an account is suspended or terminated, the company ‘may’ hold that data if enforcement action takes place or is likely. After 12 months, if no action is apparent, account data will be anonymized with the following condition: “[W]here you are a contact of, have had a folder shared with you by, or have chatted with, another MEGA user, those details will continue to be retained to allow services to continue for those other users,” the company writes. “If we think it is necessary or we are obliged by law in any jurisdiction, then we are entitled to give Your Files, Your Chats, any Account Data and any Usage Data to competent authorities, even if those items are encrypted. We reserve the right to assist any law enforcement agency with investigations, including disclosure of information to them or their agents.” __________________ PUTIN TRUMP & Netanyahu Will Meet in HELL ..................*SHARKS are Closing in on TRUMP*.......................... *TRUMP WARNS; 'There'll Be a Bloodbath* If I Don't Get Elected'..MAGA - MyAssGotArrested...IT's COMING** PLEASE HELP THIS SITE..Click DONATE & Thanks to ALL Members of ... 1.. THIS SITE IS MORE THAN JUST WAREZ...& TO STOP SPAM-IF YOU WANT TO POST, YOUR FIRST POST MUST BE IN WELCOMES

21-12-21, 14:17	#192
Ladybbird Join Date: Feb 2011 Posts: 47,574 Thanks: 27,632 Thanked 14,458 Times in 10,262 Posts Awards Showcase Total Awards: 8	re: Kim Dotcom: MEGA Pair Convicted -Specific Crimes They Admitted Kim Dotcom Suffers Setback in His U.S. Extradition Battle Next month, a full decade will have passed since the file-storage empire of Kim Dotcom collapsed after Megaupload became the prime target in a high profile law enforcement operation. T.Freak 21 DEC 2021. Despite all the time that since passed, the New Zealand-based entrepreneur and his former colleagues are still waiting to hear whether they will be extradited to the US where a criminal prosecution is pending. With the stakes this high, no legal resources are being spared. Several millions of dollars have been poured into this legal battle since 2011 and the end is still not in sight. Last year, the Supreme Court of New Zealand ruled that Kim Dotcom, Bram van der Kolk and Matthias Ortmann can indeed be extradited to the United States. However, this still wasn’t set in stone, as judicial reviews and appeals were still pending. Supreme Court Denies Leave to Appeal One of the potential appeals was rejected today, which brings bad news for Dotcom and his former Megaupload colleagues. The defendants requested to challenge an earlier Court of Appeal decision, where a judicial review appeal was dismissed. Dotcom and the other two defendants characterized that dismissal as a miscarriage of justice. It would be of public importance to challenge it further, they argued. Among other things the Megaupload defendants believed that the Court of Appeal didn’t properly assess whether the provided evidence was sufficient. In addition, Dotcom challenged the Court’s refusal to enforce his Privacy Act requests. No Miscarriage of Justice After reviewing the arguments from both sides, Supreme Court Justices Winkelmann, O’Regan, and France denied the request for further appeal on these grounds. The Supreme Court concluded that no grave mistakes were made. “We are satisfied that nothing raised by the applicants gives rise to the appearance of a miscarriage of justice in the Court of Appeal’s factual assessment,” the order reads. “Nor do we see any error in the approach of the Court of Appeal to the question relating to the enforcement of Mr Dotcom’s Privacy Act requests or Messrs Ortmann and van der Kolk’s application to adduce further evidence on the remitted appeal.” The Supreme Court acknowledges that the three Megaupload defendants raised a variety of issues during the court hearings. Not all were disregarded but the Court doesn’t believe that the arguments are sufficient to justify an appeal. “We do not consider there is anything more that this Court needs to do in relation to the proposed appeals, given our conclusion that no miscarriage has arisen,” the Justices write. Megaupload’s Legal Fights Are Not Over While the Supreme Court’s decision is a setback for the Megaupload trio, it is likely not the last legal battle they will fight in this case. Meanwhile, the criminal and civil cases against Megaupload remain on hold in the US. TFreak reached out to Kim Dotcom who didn’t immediately reply. On Twitter, the entrepreneur mentions that he’s “unfazed,” inviting people to tune into his Twitch streams early next year. *“I’ll start live streaming in January. Join me. 2022 will be fun,” Dotcom says.* __________________ PUTIN TRUMP & Netanyahu Will Meet in HELL ..................*SHARKS are Closing in on TRUMP*.......................... *TRUMP WARNS; 'There'll Be a Bloodbath* If I Don't Get Elected'..MAGA - MyAssGotArrested...IT's COMING** PLEASE HELP THIS SITE..Click DONATE & Thanks to ALL Members of ... 1.. THIS SITE IS MORE THAN JUST WAREZ...& TO STOP SPAM-IF YOU WANT TO POST, YOUR FIRST POST MUST BE IN WELCOMES