Judge orders evidence against MegaUpload to be shown

The ongoing case against the now-closed MegaUpload file sharing site and its operators took yet another turn today. News.com reports that New Zealand judge David Harvey has given law enforcement officials three weeks to produce the evidence that they claim shows the organizers of MegaUpload were engaging in online piracy acts.

The order comes after the lawyers for MegaUpload founder Kim Dotcom and the other men involved asked to see the evidence against their clients. So far, the New Zealand and US government have only shown a few emails and documents pertaining to the case to the defense.

MegaUpload attorney Ira Rothken stated:

I think this is a very significant ruling for New Zealand because it demonstrates that New Zealand courts will intervene to protect the rights of its residents from foreign intrusion...we're looking forward to this disclosure. Once there is full transparency into the government's claims we believe Kim DotCom and the rest of those involved with MegaUpload will prevail.

Kim Dotcom and several other MegaUpload team members were arrested and charged in January by New Zealand and US authorities. Dotcom was removed from the rented mansion he was living in at the time. Today, Judge Harvey ruled that Dotcom can now move back into that mansion. The judge also ruled that the the electronic monitoring device placed on Dotcom's ankle after his arrest can now be removed.

Source: News.com

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18 Comments

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Nashy said,
Really proud to see NZ not allowing the yanks to walk all over them.

You mean the way they have for the last three months?

TRC said,

You mean the way they have for the last three months?

Are you serious? The courts are standing tall and doing everything by the book.

I knew this was going to happen. Why did it take so long to get to this point I dont know. But for a guys name to be Dotcom you have to admit its funny.

There was no evidence, and in any case the damage is done and filesharing services shut down, which is what they wanted. The whole thing was precipitated because Megaupload was going to start their music service.

If they didn't have some sort of substantial evidence against them in the first place how on earth did they (FBI) garner a warrant from a judge in the first place, and shouldn't the same said evidence be available to our courts and the defense.... Smells like week old fish to me

Athlonite said,
If they didn't have some sort of substantial evidence against them in the first place how on earth did they (FBI) garner a warrant from a judge in the first place, and shouldn't the same said evidence be available to our courts and the defense.... Smells like week old fish to me

Exactly.

Athlonite said,
If they didn't have some sort of substantial evidence against them in the first place how on earth did they (FBI) garner a warrant from a judge in the first place

Trumped up charges. Notice the fraud accusations.

Athlonite said,

and shouldn't the same said evidence be available to our courts and the defense.... Smells like week old fish to me

The FBI's case is falling to pieces and they know it. Consequently, they are doing everything they can to prevent Dotcom from putting together a viable defense.

exotoxic said,
3 weeks gives them plenty of time to synthesize some evidence.

Why would they have to make it up? It is well understood the role MegaUpload played in piracy. The debate is centered around their culpability...

That's the point; they have 3 weeks to "find" evidence that the organisers were directly involved in piracy, not simply that there was copyright infringing materiel (yes, spelled with two e's) uploaded by users.

Frazell Thomas said,

Why would they have to make it up? It is well understood the role MegaUpload played in piracy. The debate is centered around their culpability...

If the evidence was that clear, why are they so reluctant to show it, why did they illegally remove several items of evidence from NZ, and why are they doing all they can to prevent Dotcom presenting a defense?

FloatingFatMan said,

If the evidence was that clear, why are they so reluctant to show it, why did they illegally remove several items of evidence from NZ, and why are they doing all they can to prevent Dotcom presenting a defense?


Also if it was so clear that they had to move when they did, and how they did, then why do they really need 3 weeks, they've already had what 3+ months?

Frazell Thomas said,

Why would they have to make it up? It is well understood the role MegaUpload played in piracy. The debate is centered around their culpability...

Megaupload may have had a lot of pirated material but that on it's own won't be enough to sink Kim. They need to prove his complicity in helping piracy spread. And given the amounts of data that were being uploaded to megaupload, policing it would have been nigh on impossible. From what I can gather they did usually remove things when copyright claims were filed so they may even have legal recourse for saying they did everything they could to prevent MU being used for piracy.

mrbester said,
That's the point; they have 3 weeks to "find" evidence that the organisers were directly involved in piracy, not simply that there was copyright infringing materiel (yes, spelled with two e's) uploaded by users.

I don't see how any copyright infringing content uploaded by users could be classified as materiel. You sure you can define that word, champ?