It appears you have not yet registered with our community. To register please click here...

 
Go Back [M] > Madshrimps > WebNews
Megaupload goes for dismissal in the US Megaupload goes for dismissal in the US
Register FAQ Members List Calendar Search Today's Posts Mark Forums Read


Megaupload goes for dismissal in the US
Reply
 
Thread Tools
Old 4th June 2012, 07:48   #1
[M] Reviewer
 
Stefan Mileschin's Avatar
 
Join Date: May 2010
Location: Romania
Posts: 40,221
Stefan Mileschin Freshly Registered
Default Megaupload goes for dismissal in the US

Kim Dotcom's legal team has asked a Virginia federal court to dismiss the criminal case against him in the US.

According to Torrentfreak, the defence argues that the US violated Megaupload's due process rights by destroying its business, without having properly served the company.

If the court agrees then the Megaupload case will be over. In January, the US started one of the largest criminal copyright cases ever against Megaupload and its key employees, including founder Kim Dotcom.

The moment it did that it seized domain names, servers and personal belongings, and asked for the extradition of the defendants who were all arrested abroad.

Since then, Kim Dotcom and his colleagues have been fighting against extradition in New Zealand with some success.

The US case is based on the idea that US authorities failed to serve Megaupload as is required in a criminal case. Instead the government put the company out of business and Megaupload's due process rights have been violated.

To prove this, Megaupload has to show that a liberty or property interest which has been interfered with by the State, and that the procedures attendant upon that deprivation were constitutionally sufficient.

Dotcom's lawyers say that both prongs of the procedural due process test are met.

The crucial issue in the motion to dismiss is that Megaupload was never served. Megaupload's lawyer Ira Rothken said that unlike people, companies can't be served outside US jurisdiction.

If this stops Megaupload from being tried in the US, it would be a major stuff-up for the government, which could find itself sued.

http://news.techeye.net/internet/meg...ssal-in-the-us
Stefan Mileschin is offline   Reply With Quote
Reply


Similar Threads
Thread Thread Starter Forum Replies Last Post
Law Professor Says Megaupload Prosecution Is Unconstitutional Stefan Mileschin WebNews 0 3rd May 2012 08:21
Judge: MegaUpload Piracy Case May Never Come to Trial Stefan Mileschin WebNews 0 23rd April 2012 08:31
Megaupload User Data Safe for Now Stefan Mileschin WebNews 0 16th April 2012 07:31
U.S. Tells Court MegaUpload Users Are Out of Luck Stefan Mileschin WebNews 0 4th April 2012 07:36
US Military Had 15,634 Megaupload Accounts Stefan Mileschin WebNews 0 29th March 2012 08:19
Megaupload Co-Founder Released On Bail Stefan Mileschin WebNews 0 16th February 2012 06:50
Megaupload Programmer Calls For Dignity In US Extradition Battle Stefan Mileschin WebNews 0 14th February 2012 07:03
Data of 50 Million MegaUpload Users To Be Deleted Stefan Mileschin WebNews 0 31st January 2012 07:11
Megaupload users to sue US government Stefan Mileschin WebNews 0 30th January 2012 06:26
Feds Take Down Megaupload Stefan Mileschin WebNews 0 20th January 2012 08:46

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off


All times are GMT +1. The time now is 02:04.


Powered by vBulletin® - Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO