Judge in MegaUpload case quits after calling the US the "enemy"

The MegaUpload court case, which has already taken a number of unexpected turns, has experienced yet another twist. One of the judges in New Zealand presiding in the case, Judge David Harvey, has now stepped down after remarks suggesting he felt the US was the "enemy" were made public earlier this week.

The New Zealand Herald reports that Judge Harvey made the decision to leave the case after he stated that "we have met the enemy and he is [the] U.S." earlier this week at a conference about Internet copyright law. Harvey was referring to a ongoing discussion between New Zealand and the US over a trade agreement where better online copyright protection is one of the topics.

Harvey was supposed to preside over the extradition hearing of the founder of MegaUpload, Kim Dotcom, in March 2013. Some legal experts believe that Harvey's statements were not appropriate in this context.

In a statement, New Zealand's district court's chief judge, Jan-Marie Doogue, said, "He recognizes that remarks made in the context of a paper he delivered on copyright law at a recent internet conference could reflect on his impartiality and that the appropriate response is for him to step down from the case."

Kim Dotcom's extradition case will now be heard by Judge Nevin Dawson, who previously ruled to give Dotcom bail in the case earlier in 2012.

Source: New Zealand Herald

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23 Comments

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Its not so much that our "Government" is the problem, its the people running it, and by that I mean corporations. The "people" have increasingly less and less say in what actually goes on here in the US, and our politicians just get elected to sit there and do nothing. What the US needs is a the outlawing of anyone who has had anything to do with a corporation from running for government.

The seperation of Church and state wasn't done because our founding fathers were anti-religious, it was done to prevent the undue influence of religion on the government, which at the time was a MAJOR influence. They same rule needs to be created now for corporations, as they are the "New" major influence on our government and are quickly turning the US into one large ****ty corporation.

pretty good point(s)
and as a Canadian i can safely say we suffer from the same issues pretty much
and we over time have been getting more of that obnoxious patriotic attitude too.
i seen a car today with a big Canadian flag on its roof (for no good reason)
we don't have any reason to romp around feeling smug and superior to the USA
so i think we are on the same path as the USA but they are a lot further ahead..

Just a Texan with a consciousness. Veteran. Business owner. Independent. Most importantly, wide awake. Flag waving and finger pointing aren't what I'm about. We are responsible for allowing our government to get away with criminal activity and theft planet wide for decades, so what are we going to do about it? Moronic parroting of Fox news talking points or squawking guttural "We da best" just helps prove the point.

Hahaiah said,
Just a Texan with a consciousness. Veteran. Business owner. Independent. Most importantly, wide awake. Flag waving and finger pointing aren't what I'm about. We are responsible for allowing our government to get away with criminal activity and theft planet wide for decades, so what are we going to do about it? Moronic parroting of Fox news talking points or squawking guttural "We da best" just helps prove the point.
Well given that most citizens don't have a single clue what the Constitution says or even what rights it gives us in relation to dissolving the government - I'd say this will never end and nothing will ever be done about it. Not until a few countries finally have enough of our governments ways and do it for us. Effectively putting us under their control.

People in this country have this attitude that anyone who thinks ill of the government or believes they are up to no good is wearing a tinfoil hat. They believe that people with wealth and power actually desire to help and serve in the best interests of the country and it's people. In no way would they ever seek to gain more power, control, and wealth. Rich, powerful people have never done that...

I'm an American. The U.S. is the tyranny of the world. We murder, rob, cheat and steal whatever we can get away with. Laws and ethics are for the little people. Our fascist corrupt system is not representative of it's people, only a small percentage. Maybe 1% :-)

Hahaiah said,
I'm an American. The U.S. is the tyranny of the world. We murder, rob, cheat and steal whatever we can get away with. Laws and ethics are for the little people. Our fascist corrupt system is not representative of it's people, only a small percentage. Maybe 1% :-)

Wow, yes, people like you do exist. Luckily they are in the vast minority. The US isn't perfect, but its a heck of a lot better than most governments of the world.

Hahaiah said,
I'm an American. The U.S. is the tyranny of the world. We murder, rob, cheat and steal whatever we can get away with. Laws and ethics are for the little people. Our fascist corrupt system is not representative of it's people, only a small percentage. Maybe 1% :-)
Just to clarify, every country has their own agenda and will do low things to get their way. The one with the most military strength is just the one that gets away with the most.

Also, I disagree with the 1% thing, but it links to your other comment about laws and ethics for the little people. If you gave anyone else the same power, I bet 90% would do the same as the people currently in power. Its just human nature.

Am I wrong in guessing you're an immigrant?

@sphbecker
how many of these other countries could get away with sneaking into the usa and murdering politicians and dumping the body off the side of a boat in the ocean ?

Obama + Pakistan + Task force shooting EVERYONE unarmed to boot !
There's your American justice. why have a trial when you can just execute people ? any people anywhere in any country for any reason they see fit.

1 example.
Is it worth pointing out more ?

I am Not PCyr said,
@sphbecker
how many of these other countries could get away with sneaking into the usa and murdering politicians and dumping the body off the side of a boat in the ocean ?

Obama + Pakistan + Task force shooting EVERYONE unarmed to boot !
There's your American justice. why have a trial when you can just execute people ? any people anywhere in any country for any reason they see fit.

1 example.
Is it worth pointing out more ?

Pretty sure any country could do that in about 70% of the countries in the world. Once you get out of the First world the going rate for assassination gets cheaper and cheaper.

Hahaiah said,
I'm an American. The U.S. is the tyranny of the world. We murder, rob, cheat and steal whatever we can get away with. Laws and ethics are for the little people. Our fascist corrupt system is not representative of it's people, only a small percentage. Maybe 1% :-)
We? Speak for yourself. I don't do any of that. However, our government sure does.

Maybe that's what you meant by 'we'?

Im serious that 10 years ago I was always defending the USA to my european friends who seemed at the time extremely critical. Today I feel like they were totally right. The negative sentiment is growing globally towards the USA because it is being exposed as an extremely controlling greedy country that pretty much seeks to impose its corporatist culture.

Iridium said,
Im serious that 10 years ago I was always defending the USA to my european friends who seemed at the time extremely critical. Today I feel like they were totally right. The negative sentiment is growing globally towards the USA because it is being exposed as an extremely controlling greedy country that pretty much seeks to impose its corporatist culture.

It's funny, because I'm European and I was always a "fan" if you will of the US.
Nowadays - having been there for some time - I must say I still am, but I HEAVILY stress I like the culture, people and country. I make very clear that I find the economy and politic system to be extremely junky.

GS:mac

Write decision. Judges are not allowed to have any form of bias long before the case is even really going. Saying the prosecution or the defendants are the enemy at this point shows a clear bias which, as far as I know, is not allowed in any fair trial.

ILikeTobacco said,
Write decision. Judges are not allowed to have any form of bias long before the case is even really going. Saying the prosecution or the defendants are the enemy at this point shows a clear bias which, as far as I know, is not allowed in any fair trial.

Very very true, although I must admit I feel quite fuzzy reading his words, as it shows me people with influence exist that do think the way I do.

It brings back some hope in a world full of "push SOPA/PIPA/CISPA/ACTA/... till we can push them through and people get tired of fighting them in small chunks"...

GS:mac

where will this be ended ? .. It's clear that was illegal to shutdown MegaUpload, and the U.S. doesn't want to accept the fault and give a HUGDE ammongs of money to repair the damage done to MegaUpload name.

more 2 years of trials and flames ... bla bla bla

SlimShady said,
Well, obviously the US with it's Congress police the world with it's Copyright Infringement Law Enforcement.

i guess you kind of have to when 90% of all revenue lost to piracy is in the US.. I still dont get why Americans support piracy when they are pretty much supporting giving one of the countries major exports away for free..

Im canadian and I dont support giving our natural resources away for free.. I dont think people in china would help steal goods from factories just to ship them to the US for free..
(im just talking about piracy in general and not this case)

Lachlan said,
Im canadian and I dont support giving our natural resources away for free.. I dont think people in china would help steal goods from factories just to ship them to the US for free..
(im just talking about piracy in general and not this case)

Comparing piracy with theft of physical, tangible goods is completely inaccurate.

When you steal goods from a factory, they are gone. Nothing more can be gained from them from their creator. When you pirate something, you're not taking it away from the owner, you're consuming it without paying for the privilege. The owner has not directly incurred a loss. They don't gain anything, but they don't lose anything either, unlike a factory or the natural resources of a country. Not the same.

Lachlan said,

i guess you kind of have to when 90% of all revenue lost to piracy is in the US.. I still dont get why Americans support piracy when they are pretty much supporting giving one of the countries major exports away for free..

Im canadian and I dont support giving our natural resources away for free.. I dont think people in china would help steal goods from factories just to ship them to the US for free..
(im just talking about piracy in general and not this case)

It's not about that. This is about doing something that is perfectly legal in your own country just to have a foreign nation extradite and prosecute you for their laws abroad. That kid in England should know about that since they are willfully shipping them to the Us for prosecution.

Here is an example for you... Insulting the king of Thiland is a criminal offense in Thialand. If you insulted him on Facebook, would you expect Thialand to have you arrested in your home nation, extradited, and imprisoned because someone in Thialand could see your Facebook post over there? Is that fair? How about insulting Islam and going to Saudia Arabia to suffer the penalty?

Kim Dotcom paves the way of world law where you need to follow all of the rules, of every nation, everywhere. He did nothing more than what google does. Do you think he would be prosecuted if he contributed millions to political campaigns in the US?

Lachlan said,

i guess you kind of have to when 90% of all revenue lost to piracy is in the US.. I still dont get why Americans support piracy when they are pretty much supporting giving one of the countries major exports away for free..

Im canadian and I dont support giving our natural resources away for free.. I dont think people in china would help steal goods from factories just to ship them to the US for free..
(im just talking about piracy in general and not this case)

intellectual property is not a physical commodity. In fact the whole monetary system makes absolutely no sense in the digital realm, considering that every single computer is an infinite copying machine.

There is absolutely no scarcity. The system breaks with nothing to prop it up. This is why the media industry needs to interfere so much politically. Because scarcity does not actually exist in the digital realm they need to create artificial scarcity through law, Digital rights management, and making the average Joe fear over excessive penalties that no one could ever hope to repay.

Ad Man Gamer said,

intellectual property is not a physical commodity. In fact the whole monetary system makes absolutely no sense in the digital realm, considering that every single computer is an infinite copying machine.

There is absolutely no scarcity. The system breaks with nothing to prop it up. This is why the media industry needs to interfere so much politically. Because scarcity does not actually exist in the digital realm they need to create artificial scarcity through law, Digital rights management, and making the average Joe fear over excessive penalties that no one could ever hope to repay.


So how do you propose technological progress be motivated? Do you think people need to be brainwashed and reprogrammed en masse to believe that the work be continued for the good of mankind alone, with no other benefits available to them?

People make careers out of work the results in digital products. They get paid, and that money has to come from somewhere. What you're proposing suggests authors, in an age of ebooks, have no real claim to a paycheck because their work has no physical form.

Writing, making music, developing software--these skills become useless in your proposed reality because there's no value in a product that can't be sold.

If you feel people should do this work for the benefit of society and humanity, then society and humanity needs to repay them by covering their living expenses. So, what's that then, government subsidized work? Covered by tax dollars? Which requires government oversight to avoid abuse? Which means passing laws that are knee-jerk opposed by--say it with me--the very sort of people who say things like "intellectual property is not a physical commodity".

You can't just spout these ideals. Put some thought into them. Try to figure out realistically how the world would have to realign itself to work with what you propose, otherwise you have to be willing to acknowledge that there are logical flaws in your beliefs.

Lachlan said,

i guess you kind of have to when 90% of all revenue lost to piracy is in the US.. I still dont get why Americans support piracy when they are pretty much supporting giving one of the countries major exports away for free..

Im canadian and I dont support giving our natural resources away for free.. I dont think people in china would help steal goods from factories just to ship them to the US for free..
(im just talking about piracy in general and not this case)


It isn't always about piracy so stop using it as the #1 excuse. Instead, blame the mob/coporations/rich people. they are the #1 cause.