Judge: MegaUpload piracy case may never come to trial

The case against the now shut down MegaUpload file sharing website by the US government has taken on yet another new and unexpected turn. The New Zealand Herald reports that the judge in the case has cast some doubts that MegaUpload will come up to trial at all, thanks to an issue with the US government's handling of the situation.

While the FBI, along with local New Zealand law enforcement officials, staged a raid on the home of MegaUpload's founder Kim Dotcom in January, United States district court judge Liam O'Grady has now learned that the government failed to file the proper criminal papers against MegaUpload.

As a result, Judge O'Grady told the government's lawyers today, "I frankly don't know that we are ever going to have a trial in this matter." In fact, Dotcom's lawyer Ira Rothken believes it is impossible for the government to file any criminal charges since MegaUpload is located in New Zealand and not in the US.

The government could still file a civil case against MegaUpload, and people in the company like Kim Dotcom could also still be individually charged. Meanwhile, the judge is still considering the government's request to wipe all of MegaUpload's stored files, which the defense claims needs to be preserved in order to prove their case.

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31 Comments

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I wonder why the U.S.A. is not that well liked.

they think they can just barge into any country tell them what to do, even though any

alleged crimes didn't happen in the U.S.A.

U.S.A. needs to close down the internet, boot fairs, markets, junk shops, flea markets etc...

if it wants to cut piracy.

It just makes the US Government look like they are a bunch of schoolboys who got too over excited (possibly jizzing in their pants) and went all out before they were supposed to.
They would have been better to do it all properly so Kim Dotcom has no way out. Now they've just ruined that.

Mr Spoon said,
It just makes the US Government look like they are a bunch of schoolboys who got too over excited (possibly jizzing in their pants) and went all out before they were supposed to.
They would have been better to do it all properly so Kim Dotcom has no way out. Now they've just ruined that.

Are they even allowed to have a redo? assuming they can put the pieces back in place at all, which they probably couldn't anyway. looks like Kim'll be free in no time.

While I don't condone people that used megaupload for illegal stuff, there is nothing worse than miscarriage of justice. And a raid without a proper criminal case is just that. I hope Kim Dotcom take them to the cleaners.

Why would they want to wipe the files? Surely they would need them for any prosecution case, just like Megaupload want them for the defence.

metallithrax said,
Why would they want to wipe the files? Surely they would need them for any prosecution case, just like Megaupload want them for the defence.

So Megaupload can't defend itself. The corrupt US Gov is doing everything it can to make sure of that. Stacking the odds in its favour. It must really be worried it might lose now.

And once this case has been thrown out, I want to see the US Gov, FBI, and MAFIAA brought up on conspiracy, collusion, and corruption charges. As well as being sued for hundreds of millions of dollars. This is going to be fun.

Really? Australia? Really? LOL.... I suppose you think Canada, Puerto Rico, and Mexico are all parts of the U.S. as well.

doh said,
Really? Australia? Really? LOL.... I suppose you think Canada, Puerto Rico, and Mexico are all parts of the U.S. as well.

Well actually Puerto Rico it is part of U.S, we are not a state but we do belong to U.S. like Guam.

Jean F. Rivera Ramos said,

Well actually Puerto Rico it is part of U.S, we are not a state but we do belong to U.S. like Guam.

LOL both of you are retarded at geography.

BumbleBritches57 said,

LOL both of you are retarded at geography.

It is you that is apparently the ignorant one, Puerto Rico is a commonwealth territory of the US, PR citizens are US Citizens for all purposes other then voting in congressional or presidential elections (ie they lack statehood), just like Guam, the Virgin Islands and a few others. The person you quoted was absolutely correct.


Improper seizure of assists.
Possibly of being forced to keep data the data intact.
Possible denial of fair representation in the US that puts extradition in jeopardy.
And now screw up of not being served on this side of the court system.

Wow...

But then again, (In the US at least, not familiar with Australian system), the power of the judicial branch is to keep executive branch in check for abuse of power.

Jason Stillion said,

But then again, (In the US at least, not familiar with Australian system), the power of the judicial branch is to keep executive branch in check for abuse of power.

Ahh, Australian ≠ New Zealand

Jason Stillion said,
Improper seizure of assists.
Possibly of being forced to keep data the data intact.
Possible denial of fair representation in the US that puts extradition in jeopardy.
And now screw up of not being served on this side of the court system.

Wow...

But then again, (In the US at least, not familiar with Australian system), the power of the judicial branch is to keep executive branch in check for abuse of power.

Yeah.... Australia isn't New Zealand, and New Zealand isn't Australia. Even if the Kiwis wish they were us....

Sranshaft said,
I don't think this really matters. They accomplished the main goal they set out to do; shut down MegaUpload.

Improper filings can result in service being restored though, you cant take stuff and expect to keep it if you don't do proper filings and papers etc.

Manarift said,

Improper filings can result in service being restored though, you cant take stuff and expect to keep it if you don't do proper filings and papers etc.

Yup, and their little delete ALL the things to cover their (the Goverments asses) will defitinally not happen, they're acting like little ****ing kids when the cops get called. smh

Sranshaft said,
I don't think this really matters. They accomplished the main goal they set out to do; shut down MegaUpload.

They did - underhandedly and seemly unlawfully I might add.

There's a saying in cases like this that destroy a persons life with no trail or a full acquittal in the end - "where does personsname go to get his reputation back?", though I guess in this case it's where does MegaUpload go to get it's profitable business back? But that was the point of this from day one, get them offline, worry about actually having to prove anything later, and if you can't oh well... mission still accomplished.

Part of me hopes this all ends up getting thrown out, the servers returned and get fired up again and KDC\Mega comes back with a vengeance.

But who stuffed up on a govt level? was it the US or NZ govt... I know our police messed up their paperwork but that wasn't a major bumble, if kimmy wants his blow up tank back he can have it. Personally I don't think anyone here hive two ****s about his gear, except that we want our food back.

Auzeras said,
But who stuffed up on a govt level? was it the US or NZ govt... I know our police messed up their paperwork but that wasn't a major bumble, if kimmy wants his blow up tank back he can have it. Personally I don't think anyone here hive two ****s about his gear, except that we want our food back.

The **** are you even talking about? Are you high?

It's good that america is getting caught for this, for far too long they've just ordered the world around, now the world is telling them where to go. Hope to see more of it.

n_K said,
It's good that america is getting caught for this, for far too long they've just ordered the world around, now the world is telling them where to go. Hope to see more of it.

To be fair, a U.S. district court judge is telling U.S. government lawyers where to go.

n_K said,
It's good that america is getting caught for this, for far too long they've just ordered the world around, now the world is telling them where to go. Hope to see more of it.
How is this any different than Germany ruling YouTube as evil and a copyright wasteland? You can replace the US with any other countries name in this post.

zeke009 said,
How is this any different than Germany ruling YouTube as evil and a copyright wasteland? You can replace the US with any other countries name in this post.

No you can't, other countries don't act like they own the internet. While I agree that GEMA is stupid and has always been stupid, the US does much more. The US wants to be some kind of Judge of the internet and I'm glad that it is backfiring.

n_K said,
It's good that america is getting caught for this, for far too long they've just ordered the world around, now the world is telling them where to go. Hope to see more of it.

a judge in new zealand = the world

but srsly we go where we want whenever we want.

De.Bug said,

No you can't, other countries don't act like they own the internet. While I agree that GEMA is stupid and has always been stupid, the US does much more. The US wants to be some kind of Judge of the internet and I'm glad that it is backfiring.

Never heard of China, eh?

Why is this guy sounding more and more like he is looking for a reason to smear the USA through sheer ignorance?

Jaybonaut said,

Never heard of China, eh?

Why is this guy sounding more and more like he is looking for a reason to smear the USA through sheer ignorance?


Go and look up how many domains were wrongfully STOLEN, yes, STOLEN, by the FBI and it's ICE strategy and how long it took to get them back and at what cost.
You could also go and look at what america's demands were to the UK recently, 'accept giving us ALL this information on ALL people travelling via airplane to the USA or we will stop visa-free travel for you' <-- blatent bullying.
Then there's the bullying of cuba by the USA... The list is endless.

n_K said,

Go and look up how many domains were wrongfully STOLEN, yes, STOLEN, by the FBI and it's ICE strategy and how long it took to get them back and at what cost.
You could also go and look at what america's demands were to the UK recently, 'accept giving us ALL this information on ALL people travelling via airplane to the USA or we will stop visa-free travel for you' <-- blatent bullying.
Then there's the bullying of cuba by the USA... The list is endless.

If it wasn't the US it would be someone else.

bkellner said,

To be fair, a U.S. district court judge is telling U.S. government lawyers where to go.

well yeah RIAA kinda pushed the judges around so long they are used to the BS treatment. just wasting taxpayer money. and their own. killing word of mouth is not how one gets their product out. Because of DRM, I doubt many know Serious Sam III or Postal III have been out awhile.. I never downloaded an illegal game. But the nasty DRM on videogames today has gotten me to stop buying them. I just wanna install and run the thing. and if I'm spending $50 for a game I sure as heck ain't dealing with DRM.