AfterDawn: News

Megaupload attorney claims government is trying to destroy evidence in case

Attorneys for the former top cyberlocker Megaupload have come out swinging, calling the criminal prosecution of the site's top executives "unduly adventurous," while accusing the government of trying to destroy evidence in the case.

"In essence, the government has taken what it wants from the scene of the alleged crime and is content that the remaining evidence, even if it is exculpatory or otherwise relevant to the defense, be destroyed," says defense attorney Paul Brinkman.



A hearing on the court case, which is the largest copyright case ever, will focus on over 25 petabytes of data seized from 1100 servers in January.

The government has openly admitted to copying "selected data" from the servers and has now cleared hosting service Carpathia to delete the rest. Brinkman is accusing the government of "cherry picking" relevant data "to support its theories of criminal misconduct."

Megaupload and Carphathia set up a deal where the host would retain the data for an indefinite period for $1.5 million but the government will not unfreeze the $50 million in assets taken from CEO Kim Dotcom and other executives. The data currently costs Carpathia $9000 per day to host.

Written by: Andre Yoskowitz @ 10 Apr 2012 18:15

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• 16 comments

• LordRuss

  Now isn't that interesting...? Context... Surprising how a story of guilt or innocence is derived simply how it's placed before a panel in context. A mule can look like the leader of a full on drug cartel if you want them to, it's all in the manner in which you place the facts. Or should I say, just 'some' of the facts.
  
  Lest we bring up NBC & the Zimmerman report... not really a court case, but we can most assuredly see the results of mishandling the facts or better yet, the ramifications of selective context.
  
  Then to just go & destroy what isn't relative to 'your' side of the case with no regard for the defense? On what planet do they reside?
  
  It really does sound like there's a lot more going on here than meets the eye. There's no doubt that big money is paying for back door deals to lose & destroy evidence. Hell, they're probably even paying double to make shit up so long as there's a legal bylaw backing it up.
  
  I really do hope those that got arrested in the Megaupload case absolutely sue the ever loving supreme shit out of everyone involved with this charade. Seeing as their trying to set a precedence with Megaupload, I believe that they should then in turn reverse the sentiment.
  
  If anyone were in a position to send the resounding retort, they very possibly could.
  

  http://onlyinrussellsworld.blogspot.com

  11.4.2012 11:01 #1

• xboxdvl2

  if the evidence is destroyed then the evidence cant be cross examined and basically there is no case.
  

  R.I.P. mr 1990 ford falcon.got myself a 1993 toyota corolla seems to run good.computers still going good.

  11.4.2012 11:59 #2

• djkorn

  Originally posted by xboxdvl2: if the evidence is destroyed then the evidence cant be cross examined and basically there is no case. That i think would only work if all the evidence was deleted, not just select things. When you think about what they want to do is make the company out to be the bad guy. Everyone used it, and with the new SOPA bill about to be passed in the congress, it wont matter then.
  

  11.4.2012 14:46 #3

• xaznboitx

  Originally posted by djkorn: Originally posted by xboxdvl2: if the evidence is destroyed then the evidence cant be cross examined and basically there is no case. That i think would only work if all the evidence was deleted, not just select things. When you think about what they want to do is make the company out to be the bad guy. Everyone used it, and with the new SOPA bill about to be passed in the congress, it wont matter then. sopa died
  

  12.4.2012 00:16 #4

• LordRuss

  Originally posted by xaznboitx: Originally posted by djkorn: Originally posted by xboxdvl2: if the evidence is destroyed then the evidence cant be cross examined and basically there is no case. That i think would only work if all the evidence was deleted, not just select things. When you think about what they want to do is make the company out to be the bad guy. Everyone used it, and with the new SOPA bill about to be passed in the congress, it wont matter then. sopa died I believe he's referring to the new & improved BFing public outrage that's attempting to rape the nation as we are all writing... LINK
  

  http://onlyinrussellsworld.blogspot.com

  12.4.2012 12:09 #5

• xboxdvl2

  sopa didnt die and probably wont die.they will keep rewritting it and trying to pass it off as a new idea or some act that helps fight piracy.
  

  R.I.P. mr 1990 ford falcon.got myself a 1993 toyota corolla seems to run good.computers still going good.

  13.4.2012 01:32 #6

• pmshah

  Why all this protesting ? Isn't this how so called American Justice system works? Twist, manipulate, eliminate evidence to suit their theory / end game? Now they also have the shield of Homeland Security. They can just mention the words - National Security and every thing is game.
  
  You have supreme court justices for life. They can act like a dictatorial cabal. There is nothing any one can do about their verdict, just like it happened in 2000 to defeat Gore !
  
  Every one of them has most probably gone through the process of getting elected at some point in their career and one can very safely assume that they owe favors to their sugar daddys. It once again reminds me of another Indian saying - " After eating 100 rats the cat is going on pilgrimage."
  
  I would not put any faith in justice being done here.

  13.4.2012 10:39 #7

• LordRuss

  Originally posted by pmshah: I would not put any faith in justice being done here.
  As a truly great mind once said, "Justice NEVER truly ever exists.."
  
  It's a human concept. We all wish it did. And in certain circumstances we can find 'fairness', but justice? That blind bitch with the scales bumping into all the furniture? She's like Santa Claus & the Easter Bunny.
  
  The more we try (like children) to find her, the more laws (stories) are made up to hide her (truth about her). Just like the adults did when we were kids about our favorite holiday myths.
  

  http://onlyinrussellsworld.blogspot.com

  13.4.2012 10:56 #8

• edensasp

  Originally posted by xboxdvl2: sopa didnt die and probably wont die.they will keep rewritting it and trying to pass it off as a new idea or some act that helps fight piracy. Right now SOPA has morphed into CISPA.
  
  Cyber Intelligence Sharing and Protection Act http://bit.ly/HDD16O

  13.4.2012 14:09 #9

• glitch230

  Back When I heard MegaUpload was being taken down for COPYRIGHT INFRIGMENT and COPYRIGHT DISREGARD, I looked up The copyrights Laws that were changed by early or late 20th century (if anyone remembers the whole Metalica V.S. Download music Providers).
  
  Certain Rules were changed because of this case and others that followed suit,
  
  (example: media (Music, Video, Programs, Games, Ect.) that is Privatly Used and is Sent to others for FREE with no service charges or other charges (Downloading Speed and ect.) for the product is allowed. However if it is Charged for, it is a COPYRIGHT INFRIGMENT.)
  
  it was Deemed that MegaUpload was a Constant Infigment Vilolater for not heeding the Warning from SOPA and Protect IP the First time.
  
  However... MegaUpload's Techs and Founder did heed the Warning by Taking Down Downloads for Certain Media that happened to be copyrighted.
  
  (Back when it was Warned the first time, I checked if I could Download the Movie for Example "Transformers" the first movie, went to the download link, and was followed up with a message from MegaUpload that the download was not there, the provider was terminated, or it just didn't work.)
  
  But MegaUpload didn't Have a Software program or Computer network interface like Watson to Take away the copyright material that was under a Diffrent Name (Yet Again I went to a Download Link Provider to try to download a Show "Ghost Hunters", Went to the link, Clicked on it, and it went to a Download on MegaUpload Named "GH S3 E1 64646516165165165165" or such. I thought at first it was a fake, but downloaded it anyway. Found out it was the real thing Only Under a Diffrent name.
  
  (I also found out that SOPA and Protect IP were Trying to Get rid of the law I used as an 'Example' to make anyone sharing Media, a Copyright Infringer. It's like saying the bartering for jobs or food that is happining in our economy, is also Against the Law. (WTF!))
  
  The Reason MegaUpload is being sued is one for not knowing what was Being Downloaded and What or if it had a copyright on it.
  
  Yet Again... American Law offices and judicial court launched a Suprise Investigation and Take Down of MegaUpload which Violates some American laws and international ones as well.
  
  When a American agency (like the F.B.I.) does a Suprise Investigation and arrest they are to show Proof of a Seizure of "so called" Information and They HAVE TO send a Warning of them being Copyright Infrigment crimnals or perpetrators either through the mail or internet (from sent the day of the Seizure or a week before the attack)(only if it is a business).
  
  But no Such information (from the news or internet) of such was provided. Meaning this was a Illegal Suprise Investigation and seizure of MegaUpload, when I Relized this it stared to make me mad that the American Goverment would stoop so low.
  
  (But then again, as a american, we have to pay Ludicrous Taxes for a "Summer Road Fixing TAX" Which the media found was going actully toward a "Summer Resort in Rhode Island" so yeah I Can believe it.)
  
  So a attorney Claming the Goverment is destroying evidence, in a sence is correct.
  
  But... making a claim that it is so, is one of the Hardest to Prove.
  
  So, if anything they should be trying to say this is against certain international and american laws of copyright infrigment.
  
  (Because this most certanly is not the last of the copyright laws to be changed, because of one certain company making a mistake, and having to change it to make it more strict.)

  17.4.2012 02:39 #10

• LordRuss

  Again, hypocrisy within the very system that writes the rules.
  
  It's perfectly legal to have sex between to consensual adults (on the most part, in most states, so long as they're male/female), but you can be thrown in jail if you start charging any money for the act in any form of its actions descriptive; imagined or otherwise.
  
  Then on the other hand & equally redundant, these rules are self evident, but don't apply to the ones writing them. An interesting 'inventors immunity' if you will.
  
  This whole idea of 'abolishing sharing' has been a ploy since the inception of recording devices became more prevalent in consumers homes; masked under the original attempt to thwart piracy, now it's copyright infringement.
  
  I suppose the original defense of 'the devil made me do it' giving into the 'insanity' plea will have to take a new endeavor seeing as no one is safe with legitimate council anymore.
  

  http://onlyinrussellsworld.blogspot.com

  17.4.2012 14:31 #11

• scorpNZ

  Ok! update on the ongoing megaupload saga,move over karadashians .coms in town: Your all going to love this.
  One thing i couldn't understand from the outset is why he was being charged with a crime when no laws were broken here.
  
  Judge: MegaUpload piracy case may never come to trial
  
  
  The criminal charges against Kim Dotcom in the United States may never get to trial, the judge overseeing the case has told the FBI.
  
  United States district court judge Liam O'Grady said he didn't know if "we are ever going to have a trial in this matter" after being told Dotcom's file-sharing company had never been formally served with criminal papers by the US.
  
  The comment has been seized on by Dotcom's lawyers, who say it could lead to the extradition case in New Zealand being tossed out.
  
  It follows a paperwork error by New Zealand authorities, who seized Dotcom's property without giving proper notice. The restraining order on his property was finally granted last week.
  
  Megaupload was the world's biggest file-sharing website and claimed it was responsible for 4 per cent of internet traffic.
  
  Dotcom faces a court hearing for extradition to the United States after a warrant was issued for him and six others on criminal copyright charges relating to music and movies on its computer servers.
  
  Lawyers acting for the US have said they will argue Dotcom should be extradited because he was a member of an organised criminal group, which carries a sentence of five years.
  
  The US Government needs to get over the hurdle of a five-year jail sentence to meet the criteria for extradition. Copyright charges in NZ carry a maximum of four years.
  
  Judge O'Grady raised the prospect of there being no trial while hearing arguments over FBI applications to wipe Megaupload's vast database of members' files.
  
  He said further study needed to be made of the failure to serve Megaupload, adding; "I frankly don't know that we are ever going to have a trial in this matter."
  
  He said the arguments around the future of the data on the 1100 computers servers seized from Megaupload could be "premature". He wanted more information on why Megaupload had not been served.
  
  The FBI's lack of service meant Megaupload was "kind of hanging out there", Judge O'Grady said.
  
  Dotcom's US-based lawyer, Ira Rothken, said it was the defence's understanding that it was not legally possible for Megaupload to be served with papers accusing it of criminal acts.
  
  He said it would be possible to serve the company with papers for a civil case and - as happened in NZ - for individuals to be remotely charged with crimes.
  
  "My understanding as to why they haven't done that is because they can't. We don't believe Megaupload can be served in a criminal matter because it is not located within the jurisdiction of the United States."
  
  Mr Rothken said he would have expected the FBI to have had the same legal advice, having described the case as the "largest copyright case in the US, which also means the world".
  
  Mr Rothken said a key defence against extradition was the claim by Dotcom and others that they were accused of offences not covered by the law on extradition.
  
  Prosecutor Jay Prabhu told the Virginia court hearing it might not matter because Dotcom owned 68 per cent of the company.
  
  He said it was not a case of a corporation which might normally turn up. "It's seven people who actually don't want to show up."
  
  Meanwhile, legal negotiations are under way to have jewellery and personal effects belonging to Dotcom's wife, Mona, returned.
  
  http://www.nzherald.co.nz/nz/news/artic...jectid=10800409
  

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  21.4.2012 12:49 #12

• xaznboitx

  no need to update geez.... it's on the front page of this site already

  21.4.2012 14:20 #13

• LordRuss

  Originally posted by scorpNZ: Ok! update on the ongoing megaupload saga,move over karadashians .coms in town: Your all going to love this.
  One thing i couldn't understand from the outset is why he was being charged with a crime when no laws were broken here. Thanks for the heads up! Personally, I hope Dotcom sues the ever loving supreme shit out of all involved into the stone age. I mean literally to the point their asses are so wide you could set them on top of a Baskin & Robbins & they could all tell you not only the 32 varieties, but what order they were in...
  
  Originally posted by xaznboitx: no need to update geez.... it's on the front page of this site already Go easy hoss... I haven't been on the front page of the site in 4 years.
  

  http://onlyinrussellsworld.blogspot.com

  21.4.2012 14:50 #14

• scorpNZ

  Originally posted by xaznboitx: no need to update geez.... it's on the front page of this site already Go ahead post the link assuming you can find it..lol..it wasn't there when i looked before posting & it still ain't,not even search brings it up,me thinks you mistake youtube article yes?
  

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  21.4.2012 15:33 #15

• scorpNZ

  Well it seems it's all been a storm in a tea cup if latest is anything to believe & yes i've checked front page to see if it's already posted..lol..,i hope he does win noth'n beats stick'n to the man,just means he can't set foot in the USA in this lifetime..bring on Rammstein,do i really need to name the song.
  
  
  Dotcom's lawyer confident client won't be extradited
  Newstalk ZB
  April 26, 2012, 10:06 am
  
  
  
  
  Kim Dotcom's US lawyer is confident his client won't be extradited to the States.
  
  Negotiations begin today over the fate of massive amounts of data that were effectively frozen after the shut down of Kim Dotcom's website Megaupload.
  
  Megaupload US lawyer Ira Rothken says the first extradition hearing in New Zealand in August will focus on two core issues.
  
  He says it will look at whether Kim Dotcom has committed an extraditable offence and whether that would violate New Zealand law.
  
  "And according to our New Zealand counsel we don't think that would be the case so we're optimistic that Kim Dotcom will have a good result in New Zealand."
  Ira Rothken says Megaupload has never been served with a criminal summons because New Zealand is not located within the jurisdiction of the United States.
  
  
  http://nz.news.yahoo.com/a/-/top-storie...-be-extradited/
  

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  25.4.2012 19:49 #16