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Kim Dotcom (* Januar in Kiel als Kim Schmitz) ist ein in Neuseeland ansässiger Internetunternehmer mit deutscher und finnischer Staatsbürgerschaft. Kim Dotcom ist ein in Neuseeland ansässiger Internetunternehmer mit deutscher und finnischer Staatsbürgerschaft. Er ist Gründer der Sharehoster Megaupload und Mega. Der jahrelange Rechtsstreit um eine Auslieferung des deutschen Internet-Unternehmers Kim Dotcom an die USA ist am Montag in die. Kim Dotcom wehrt sich in letzter Instanz gegen eine Auslieferung an die USA. Wenn ein Gericht dem Gesuch Washingtons folgt, droht ihm. Kim Dotcom, Ex-Internetmogul. In diesem Anwesen nahe Auckland wohnt Kim Dotcom schon lange nicht mehr. Sein Vermögen wurde. Mitte Januar wurde Megaupload abgeschaltet, gegen Kim Dotcom und seine Mitstreiter kam es in Neuseeland zu einer spektakulären. Kim Dotcom gehörte zu den schillerndsten Figuren der Internet-Szene. Seine Datentauschbörse Megaupload machte ihn zum vielfachen.

Kim.Com - Inhaltsverzeichnis
In: National Post. Dotcom ist in dritter Ehe verheiratet und hat fünf Kinder, davon ein Kind aus erster Ehe.
Deutschlands führende Nachrichtenseite. Alles Wichtige aus Politik, Wirtschaft, Sport, Kultur, Wissenschaft, Technik und mehr. Der Megaupload-Gründer Kim Dotcom im Überblick: Lesen Sie hier alle Nachrichten der FAZ rund um die Auslieferung von Kim Dotcom in die USA. Der Supreme Court macht Nägel mit Köpfen: Neuseeland darf den Internet-Millionär Kim Dotcom an die USA übergeben – dort drohen ihm Tweet terbaru dari Kim Dotcom (@KimDotcom). Entrepreneur, Innovator, Gamer, Artist, Internet Freedom Fighter & Father of 5. Contact: [email protected] Kim Dotcom (Kim Schmitz), Internet-Unternehmer, während einer Anhörung vor Gericht. Der jahrelange Rechtsstreit um eine Auslieferung des. The Crown appealed again and in March , the Court of Appeal quashed the previous court decisions. Crown lawyer John Pike, on behalf of the US Government, argued that the district court had no power to make disclosure decisions in an extradition case and that "disclosure was extensive and could involve billions of emails".
The Court of Appeal agreed stating that extradition hearings were not trials and the full protections and procedures for criminal trials did not apply.
In May , the Supreme Court agreed to hear the case, so it will make the final decision on whether Dotcom should receive all the FBI investigation files before the extradition hearing.
A series of subsequent court decisions delayed every attempt to hold a hearing focused on extradition. In November , Dotcom and his former wife Mona accepted a confidential settlement from the police over the raid.
The settlement came after a damages claim was filed with the High Court over the "unreasonable" use of force when the anti-terrorism Special Tactics Group raided his mansion in January Settlements have already been reached between police and Bram van der Kolk and Mathias Ortmann who were also arrested.
The New Zealand Herald reported that their settlements were six-figure sums and "it is likely Dotcom would seek more as the main target in the raid".
Commenting on the settlement, Dotcom said: "We were shocked at the uncharacteristic handling of my arrest for a non-violent Internet copyright infringement charge brought by the United States, which is not even a crime in New Zealand".
Chief Justice Sian Elias dissented, saying there had been a miscarriage of justice as the search warrant was too broad. When the US tried to have his bail revoked, a new lawyer, Ron Mansfield, helped keep him out of prison.
In making this decision, Judge Tallentire said, "No one can say when that process of extradition will be completed given the appeal paths open to the various accused.
Indeed, no one can say if it will ever be completed". Dotcom argued that Key had been involved in a plan to allow him into New Zealand so that he could then be extradited to the US to face copyright charges.
Key had consistently said he had never heard of Dotcom until the day before the New Zealand police raid on his mansion in Coatesville. On 24 September , Mr Key revealed that, at the request of the police, the New Zealand Government Communications Security Bureau GCSB had spied on Dotcom, illegally helping police to locate him and monitor his communications in the weeks prior to the raid on his house.
Three days later, the Prime Minister John Key apologized for the illegal spying. I apologize to New Zealanders because every New Zealander… is entitled to be protected from the law when it comes to the GCSB, and we failed to provide that appropriate protection for him.
This opened the door for Dotcom to sue for damages — against the spy agency and the police. The mistakes by authorities attracted widespread media coverage and Key's handling of the affair was criticised by opposition parties in Parliament.
Political commentator Bryce Edwards said the GCSB's involvement and the botched search warrants "turned the pursuit of Dotcom and the operations of our law-enforcement agencies into the stuff of farce".
A Waikato Times editorial said that the announcement of the illegal spying "heightened suspicions that this country's relationship with the United States has become one of servility rather than friendship.
It is preposterous to suggest Mr Dotcom threatens our national security. The Government's unquestioning readiness to co-operate with American authorities seriously corrodes our claims to be an independent state.
In September , Dotcom revealed he aspired to enter New Zealand politics. The deal was brokered to serve the Mana Party financially, with the combined structure's political campaign in the general election being primarily funded by Dotcom.
In contrast, the fledgling Internet Party was to benefit from the possibility of seats in parliament in the event that the combined structure were to achieve a greater percentage of the country's vote, helped along by the Mana Party's existing seat.
On 16 September , Dotcom held an event in the Auckland Town Hall five days before the election in which he promised to provide 'absolute proof' that Prime Minister John Key knew about him long before he was arrested.
In the general election, the joint Internet Party and Mana Movement gained 1. The media criticised Dotcom for 'failing to deliver' at the Moment of Truth after saying for three years that he could prove John Key had lied in relation to his copyright case.
Dotcom said in January he had become such 'a pariah' in New Zealand that he might as well leave the country. The party remained leaderless until 8 February , when Suzie Dawson was appointed as its new leader for the general election.
The Mana connection was dropped and the party contended as the single entity the Internet Party. The Internet Party was deregistered on 12 June because its membership had dropped below the required for registration.
After three years' legal wrangling, involving two supreme court cases and 10 separate delays in the proceedings, extradition proceedings finally got underway in an Auckland court on 21 September The wrangling continued at the hearing with Dotcom and his colleagues saying that they were unable to present a proper defence because the US had threatened to seize any funds they try to spend on international experts in Internet copyright issues.
He said there were no legal grounds to extradite Dotcom and the allegations and evidence made public by the US Department of Justice "do not meet the requirements necessary to support a prima facie case that would be recognised by United States federal law".
Once the hearing finally got under way, Crown prosecutor Christine Gordon, on behalf of the US Government, called it a "simple scheme of fraud".
The Crown also made numerous references to intercepted Skype conversations between Dotcom and his co-defendants.
Christine Gordon said one message written by Dotcom, when translated from German, read: "At some point a judge will be convinced about how evil we are and then we are in trouble.
Mansfield had the passage translated by three independent academics who said it had a very different meaning and should read: "At some stage a judge will be talked into how bad we allegedly are and then it will be a mess.
He said the US had a "large body of evidence" which supported a prima facie case. In February , the New Zealand High Court upheld the earlier decision of the district court that Dotcom and his three co-accused could be extradited to the United States.
However, Justice Murray Gilbert accepted the argument made by Dotcom's legal team that he and his former Megaupload colleagues cannot be extradited because of copyright infringement.
The judge said he made this decision because: "online communication of copyright protected works to the public is not a criminal offence in New Zealand".
However, Justice Gilbert said there were "general criminal law fraud provisions" in New Zealand law which covered the actions of the accused and they could be extradited on that basis.
Dotcom saw this decision as a major victory saying: "The major part of this litigation has been won by this judgement - that copyright is not extraditable.
Both sides are expected to challenge aspects of the ruling before the New Zealand Court of Appeal and eventually the Supreme Court.
In particular, the Court, disagreeing with Justice Gilbert, found that, even during the time of Megaupload's operations, it is a criminal offence in New Zealand to possess digital copyrighted works with an intention to disseminate them.
Accordingly, Dotcom and his co-accused could be extradited on the basis of copyright infringement to stand trial in the United States.
In a lengthy article on TorrentFreak , Dotcom said that he was not guilty of insider trading in Germany. He said the judge and prosecutor offered him a suspended sentence if he pleaded guilty.
I should write a book about doing business in Hong Kong, that's how good it is. Dotcom also wrote: "I made mistakes when I was young and I paid the price.
Steve Jobs was a hacker and Martha Stuart [ sic ] is doing well after her insider trading case. I think over a decade after all of this happened it should NOT be the dominating topic.
I am 37 years old now, I am married, I have three adorable children with two more on the way twin girls — yeah and I know that I am not a bad person.
I have grown and I have learned. Making this into an issue about my past is unfair to everyone else working at Mega.
Our business is legitimate. In regard to Megaupload, Dotcom says he believes the company had actively tried to prevent copyright infringement — its terms of service forced users to agree they would not post copyrighted material to the website.
Companies or individuals with concerns that their copyright material was being posted on Megaupload were given direct access to the website to delete infringing links.
Megaupload also employed 20 staff dedicated to taking down material that might infringe copyright.
In addition, US privacy laws, such as Electronic Communication Privacy Act , prohibit the administrators from looking into the accounts of the users.
He explained the close ties of his case to that of Viacom vs YouTube in which the Digital Millennium Copyright Act DMCA shielded YouTube from the infringement of its users and described his surprise when he was arrested without trial or a hearing.
In regard to the illegal spying conducted by GCSB, Dotcom said they were not spying to find out where he was.
Government full access to all my communication, without the requirement of a warrant," he said. He states that the US government prosecuted him in return for contributions from the studios to President Barack Obama.
New Zealand Prime Minister John Key added to speculation about Hollywood's role in October when it was announced he was going on a four-day visit to meet top studio executives.
The book covers aspects of Dotcom's personal life and reveals that he fears for his life. He is quoted telling a friend "Don't just let it go", if he is killed as part of US allegations of copyright breaches associated with Megaupload.
Dotcom participated in a mock funeral procession for public broadcaster TVNZ 7 in downtown Auckland, on the day of its final broadcast.
He had warmed to one of its more notable shows, Media7 , for its championing of Internet freedom, and had been interviewed on the show at least once.
In August , Dotcom released a song titled Party Amplifier as a sample of his upcoming album. Printz and Dotcom recorded more than 20 songs at Neil Finn 's Roundhead Studios in Newton, Auckland — one of which is called Mr President — an electronica protest against Barack Obama, who Dotcom believes was involved in shutting down Megaupload.
In June , Dotcom announced on Twitter the launch of Megabox , a new music streaming service to rival Spotify. On 2 November, Dotcom announced a new file storage service, similar to Megaupload, using the domain name me.
It was to be launched 19 January , but the African state of Gabon , which controls the. The site has since registered the names mega.
The new file hosting service offers file encryption to enhance user privacy and security. Dotcom has been involved in the local community in Auckland.
On 4 September , Kim Dotcom stepped down as director of Mega [] and announced he was working on a music streaming service called Baboom.
On 22 May , Dotcom posted a statement on his website saying that he had information relevant to the investigation into the July murder of DNC staffer Seth Rich.
Seth Rich's family issued a statement calling Dotcom's statements "ridiculous, manipulative, and non-credible. From Wikipedia, the free encyclopedia.
German-Finnish Internet entrepreneur. Kiel , West Germany. Mona Verga. Elizabeth Donnelly. Main article: Megaupload. See also: Megaupload legal case.
Kim Dotcom and others at a press conference after The Moment of Truth. New Zealand Security Intelligence Service. Retrieved 23 January Manager Magazin in German.
Retrieved 27 February The Washington Times. Associated Press. Retrieved 31 December CNET News. Retrieved 19 January Ars Technica. Retrieved 26 May The Guardian.
Retrieved 23 April Retrieved 5 July NZ Herald News. Retrieved 1 May Helsingin Sanomat. Archived from the original on 26 January Retrieved 26 January Dotcom , The Wall Street Journal.
Retrieved 2 May Sydney Morning Herald. Retrieved 6 October The New Zealand Herald. Retrieved 21 January New Zealand Herald.
Retrieved 21 February Retrieved 26 March Businesses benefit from cloud storage by offloading data storage responsibility to a cloud service provider, allowing the organization to collaborate over the Internet.
Megaupload databases revealed that nearly every large corporation, organization and government used Megaupload - from the US Congress to folks in Hollywood.
Of course, millions of individual users used Megaupload as well. Megaupload, similar to other large cloud storage providers that rely on efficient data storage like Dropbox, was designed to store a single useable copy of each unique file uploaded to its servers.
One user might choose to keep his unique link private; another user might wish to share his link with others via email or by embedding it in a webpage such as a blog post.
These theories extend U. The Government, at its core, wants to hold Megaupload criminally responsible for the acts of third party cloud storage users and such mass secondary copyright infringement cannot be found in any federal criminal statute.
In essence the Government is attempting to use "civil law" claims in a criminal prosecution context which is not permitted.
Harvey on Application for Disclosure, May 29, The alleged money laundering charge and the rest of the criminal claims are devoid of merit because Megaupload's and the rest of the defendants' earnings were from businesses providing lawful cloud storage services and not from criminal copyright infringement.
These claims appear to be concocted as flimsy support to freeze defendants' assets, to try to support DOJ public relations in taking down the entire Megaupload site which resulted in unprecedented harm to consumers , and to improperly pile on additional arguments for extradition.
Innocent consumers lost access to their cloud files from wedding photos to spreadsheet files. Consumer data access issues are currently being heard by the US Court.
Notwithstanding the basic civil rights axiom that one is innocent until proven guilty, the Government has impaired Megaupload's and Defendants' defense by freezing all of its worldwide assets, then refusing to agree to unfreeze one penny to fund defense efforts - not even funds to preserve or analyze the digital evidence.
The Government, in short, has destroyed Megaupload without bothering even to serve the company and is now bent on preserving its advantage by disabling efforts to challenge the lawfulness of its actions.
Megaupload processed takedown notices swiftly and efficiently. Megaupload went beyond the ordinary and used technology to speed up the take down process.
For example trusted parties including major Hollywood entities received access to an innovative real-time direct takedown web tool.
Megaupload negotiated with major copyright holders or their agents—including the Recording Industry Association of America, Disney, Warner Brothers, NBC, and Microsoft—to allow them access to take down directly, in an automated manner, an active link to material they believed infringed their copyrights.
Megaupload was commended by Hollywood organizations for its take down processes. While Megaupload made efforts to curb abuse of its service, it recognized a competing obligation to its users who legitimately use[d] the service to store their own copies of copyrighted material.
Neue Nachrichten 1 Mrd. Windows 10 Oktober Update Alles was man dazu Serie Hd wissen muss. Wie Filehoster die Musikindustrie alt aussehen lassen. Ob Dotcom im Fall der erwarteten Niederlage tatsächlich ausgeliefert wird, hängt aber Gnadenlos Schön Stream neuseeländischen Justizminister Andrew Little ab. Online Kleinanzeigen.
Manager Magazin in Nanni Moretti. Retrieved 21 Kim.Com Retrieved 23 May Businesses benefit from cloud Charles Hawtrey by offloading data storage responsibility to a cloud service provider, allowing the organization to collaborate over the Internet. The Mana connection was dropped and the party One Piece 931 as the single entity the Internet Party. In February The Choice - Bis Zum Letzten Tag Stream, the New Zealand High Court upheld the earlier decision of the district court that Dotcom and his three co-accused could be extradited to the United States. Inhe was arrested by German police for trafficking in stolen phone calling card numbers. He is known for spending his money on expensive cars and Tierärztin Dr Mertens. Dotcom also told Immigration New Zealand his convictions had been "erased" from his record under Germany's clean-slate legislation. Of course, millions of individual users used Megaupload as well. The New Zealand Herald reported that their settlements were six-figure sums and "it is likely Dotcom would seek more as the main target in the raid".
Commenting on the settlement, Dotcom said: "We were shocked at the uncharacteristic handling of my arrest for a non-violent Internet copyright infringement charge brought by the United States, which is not even a crime in New Zealand".
Chief Justice Sian Elias dissented, saying there had been a miscarriage of justice as the search warrant was too broad.
When the US tried to have his bail revoked, a new lawyer, Ron Mansfield, helped keep him out of prison. In making this decision, Judge Tallentire said, "No one can say when that process of extradition will be completed given the appeal paths open to the various accused.
Indeed, no one can say if it will ever be completed". Dotcom argued that Key had been involved in a plan to allow him into New Zealand so that he could then be extradited to the US to face copyright charges.
Key had consistently said he had never heard of Dotcom until the day before the New Zealand police raid on his mansion in Coatesville.
On 24 September , Mr Key revealed that, at the request of the police, the New Zealand Government Communications Security Bureau GCSB had spied on Dotcom, illegally helping police to locate him and monitor his communications in the weeks prior to the raid on his house.
Three days later, the Prime Minister John Key apologized for the illegal spying. I apologize to New Zealanders because every New Zealander… is entitled to be protected from the law when it comes to the GCSB, and we failed to provide that appropriate protection for him.
This opened the door for Dotcom to sue for damages — against the spy agency and the police. The mistakes by authorities attracted widespread media coverage and Key's handling of the affair was criticised by opposition parties in Parliament.
Political commentator Bryce Edwards said the GCSB's involvement and the botched search warrants "turned the pursuit of Dotcom and the operations of our law-enforcement agencies into the stuff of farce".
A Waikato Times editorial said that the announcement of the illegal spying "heightened suspicions that this country's relationship with the United States has become one of servility rather than friendship.
It is preposterous to suggest Mr Dotcom threatens our national security. The Government's unquestioning readiness to co-operate with American authorities seriously corrodes our claims to be an independent state.
In September , Dotcom revealed he aspired to enter New Zealand politics. The deal was brokered to serve the Mana Party financially, with the combined structure's political campaign in the general election being primarily funded by Dotcom.
In contrast, the fledgling Internet Party was to benefit from the possibility of seats in parliament in the event that the combined structure were to achieve a greater percentage of the country's vote, helped along by the Mana Party's existing seat.
On 16 September , Dotcom held an event in the Auckland Town Hall five days before the election in which he promised to provide 'absolute proof' that Prime Minister John Key knew about him long before he was arrested.
In the general election, the joint Internet Party and Mana Movement gained 1. The media criticised Dotcom for 'failing to deliver' at the Moment of Truth after saying for three years that he could prove John Key had lied in relation to his copyright case.
Dotcom said in January he had become such 'a pariah' in New Zealand that he might as well leave the country. The party remained leaderless until 8 February , when Suzie Dawson was appointed as its new leader for the general election.
The Mana connection was dropped and the party contended as the single entity the Internet Party. The Internet Party was deregistered on 12 June because its membership had dropped below the required for registration.
After three years' legal wrangling, involving two supreme court cases and 10 separate delays in the proceedings, extradition proceedings finally got underway in an Auckland court on 21 September The wrangling continued at the hearing with Dotcom and his colleagues saying that they were unable to present a proper defence because the US had threatened to seize any funds they try to spend on international experts in Internet copyright issues.
He said there were no legal grounds to extradite Dotcom and the allegations and evidence made public by the US Department of Justice "do not meet the requirements necessary to support a prima facie case that would be recognised by United States federal law".
Once the hearing finally got under way, Crown prosecutor Christine Gordon, on behalf of the US Government, called it a "simple scheme of fraud".
The Crown also made numerous references to intercepted Skype conversations between Dotcom and his co-defendants.
Christine Gordon said one message written by Dotcom, when translated from German, read: "At some point a judge will be convinced about how evil we are and then we are in trouble.
Mansfield had the passage translated by three independent academics who said it had a very different meaning and should read: "At some stage a judge will be talked into how bad we allegedly are and then it will be a mess.
He said the US had a "large body of evidence" which supported a prima facie case. In February , the New Zealand High Court upheld the earlier decision of the district court that Dotcom and his three co-accused could be extradited to the United States.
However, Justice Murray Gilbert accepted the argument made by Dotcom's legal team that he and his former Megaupload colleagues cannot be extradited because of copyright infringement.
The judge said he made this decision because: "online communication of copyright protected works to the public is not a criminal offence in New Zealand".
However, Justice Gilbert said there were "general criminal law fraud provisions" in New Zealand law which covered the actions of the accused and they could be extradited on that basis.
Dotcom saw this decision as a major victory saying: "The major part of this litigation has been won by this judgement - that copyright is not extraditable.
Both sides are expected to challenge aspects of the ruling before the New Zealand Court of Appeal and eventually the Supreme Court.
In particular, the Court, disagreeing with Justice Gilbert, found that, even during the time of Megaupload's operations, it is a criminal offence in New Zealand to possess digital copyrighted works with an intention to disseminate them.
Accordingly, Dotcom and his co-accused could be extradited on the basis of copyright infringement to stand trial in the United States.
In a lengthy article on TorrentFreak , Dotcom said that he was not guilty of insider trading in Germany. He said the judge and prosecutor offered him a suspended sentence if he pleaded guilty.
I should write a book about doing business in Hong Kong, that's how good it is. Dotcom also wrote: "I made mistakes when I was young and I paid the price.
Steve Jobs was a hacker and Martha Stuart [ sic ] is doing well after her insider trading case. I think over a decade after all of this happened it should NOT be the dominating topic.
I am 37 years old now, I am married, I have three adorable children with two more on the way twin girls — yeah and I know that I am not a bad person.
I have grown and I have learned. Making this into an issue about my past is unfair to everyone else working at Mega. Our business is legitimate.
In regard to Megaupload, Dotcom says he believes the company had actively tried to prevent copyright infringement — its terms of service forced users to agree they would not post copyrighted material to the website.
Companies or individuals with concerns that their copyright material was being posted on Megaupload were given direct access to the website to delete infringing links.
Megaupload also employed 20 staff dedicated to taking down material that might infringe copyright. In addition, US privacy laws, such as Electronic Communication Privacy Act , prohibit the administrators from looking into the accounts of the users.
He explained the close ties of his case to that of Viacom vs YouTube in which the Digital Millennium Copyright Act DMCA shielded YouTube from the infringement of its users and described his surprise when he was arrested without trial or a hearing.
In regard to the illegal spying conducted by GCSB, Dotcom said they were not spying to find out where he was. Government full access to all my communication, without the requirement of a warrant," he said.
He states that the US government prosecuted him in return for contributions from the studios to President Barack Obama. New Zealand Prime Minister John Key added to speculation about Hollywood's role in October when it was announced he was going on a four-day visit to meet top studio executives.
The book covers aspects of Dotcom's personal life and reveals that he fears for his life. He is quoted telling a friend "Don't just let it go", if he is killed as part of US allegations of copyright breaches associated with Megaupload.
Dotcom participated in a mock funeral procession for public broadcaster TVNZ 7 in downtown Auckland, on the day of its final broadcast.
He had warmed to one of its more notable shows, Media7 , for its championing of Internet freedom, and had been interviewed on the show at least once.
In August , Dotcom released a song titled Party Amplifier as a sample of his upcoming album. Printz and Dotcom recorded more than 20 songs at Neil Finn 's Roundhead Studios in Newton, Auckland — one of which is called Mr President — an electronica protest against Barack Obama, who Dotcom believes was involved in shutting down Megaupload.
In June , Dotcom announced on Twitter the launch of Megabox , a new music streaming service to rival Spotify.
On 2 November, Dotcom announced a new file storage service, similar to Megaupload, using the domain name me. It was to be launched 19 January , but the African state of Gabon , which controls the.
The site has since registered the names mega. The new file hosting service offers file encryption to enhance user privacy and security.
Dotcom has been involved in the local community in Auckland. On 4 September , Kim Dotcom stepped down as director of Mega [] and announced he was working on a music streaming service called Baboom.
On 22 May , Dotcom posted a statement on his website saying that he had information relevant to the investigation into the July murder of DNC staffer Seth Rich.
Seth Rich's family issued a statement calling Dotcom's statements "ridiculous, manipulative, and non-credible. From Wikipedia, the free encyclopedia.
German-Finnish Internet entrepreneur. Kiel , West Germany. Mona Verga. Elizabeth Donnelly. Main article: Megaupload.
See also: Megaupload legal case. Kim Dotcom and others at a press conference after The Moment of Truth. New Zealand Security Intelligence Service.
Retrieved 23 January Manager Magazin in German. Retrieved 27 February The Washington Times. Associated Press. Retrieved 31 December CNET News.
Retrieved 19 January Ars Technica. Retrieved 26 May The Guardian. Retrieved 23 April Retrieved 5 July NZ Herald News. Retrieved 1 May Helsingin Sanomat.
Archived from the original on 26 January Retrieved 26 January Dotcom , The Wall Street Journal. Retrieved 2 May Sydney Morning Herald. Retrieved 6 October The New Zealand Herald.
Retrieved 21 January New Zealand Herald. Retrieved 21 February Retrieved 26 March Retrieved 22 January Retrieved 30 October Retrieved 8 February Retrieved 27 January The Wall Street Journal.
Retrieved 20 January United States Department of Justice. Retrieved 18 January These theories extend U. The Government, at its core, wants to hold Megaupload criminally responsible for the acts of third party cloud storage users and such mass secondary copyright infringement cannot be found in any federal criminal statute.
In essence the Government is attempting to use "civil law" claims in a criminal prosecution context which is not permitted.
Harvey on Application for Disclosure, May 29, The alleged money laundering charge and the rest of the criminal claims are devoid of merit because Megaupload's and the rest of the defendants' earnings were from businesses providing lawful cloud storage services and not from criminal copyright infringement.
These claims appear to be concocted as flimsy support to freeze defendants' assets, to try to support DOJ public relations in taking down the entire Megaupload site which resulted in unprecedented harm to consumers , and to improperly pile on additional arguments for extradition.
Innocent consumers lost access to their cloud files from wedding photos to spreadsheet files. Consumer data access issues are currently being heard by the US Court.
Notwithstanding the basic civil rights axiom that one is innocent until proven guilty, the Government has impaired Megaupload's and Defendants' defense by freezing all of its worldwide assets, then refusing to agree to unfreeze one penny to fund defense efforts - not even funds to preserve or analyze the digital evidence.
The Government, in short, has destroyed Megaupload without bothering even to serve the company and is now bent on preserving its advantage by disabling efforts to challenge the lawfulness of its actions.
Megaupload processed takedown notices swiftly and efficiently. Megaupload went beyond the ordinary and used technology to speed up the take down process.
For example trusted parties including major Hollywood entities received access to an innovative real-time direct takedown web tool. Megaupload negotiated with major copyright holders or their agents—including the Recording Industry Association of America, Disney, Warner Brothers, NBC, and Microsoft—to allow them access to take down directly, in an automated manner, an active link to material they believed infringed their copyrights.
Megaupload was commended by Hollywood organizations for its take down processes. While Megaupload made efforts to curb abuse of its service, it recognized a competing obligation to its users who legitimately use[d] the service to store their own copies of copyrighted material.
This obligation to its users who had a legal right to the files they stored presented an ongoing problem because the company was committed to ensuring that there was a proper and legitimate basis to require a data file to be removed.
Whether a specific instance of a file is infringing or not depends on the context such as license status, fair use, and what local laws apply.
For example, a news organization may be permitted to use a photo in an article under the fair use doctrine while a commercial entity may not. Copyright owners are in the best position to allege who and what is authorized and who and what isn't.
Taking down all links pointing to the same file is neither pragmatic nor required by the law, nor would it be justified - another example one person's licensed music mp3 file is potentially another person's infringing file.
Es ist der einfach ausgezeichnete Gedanke
Ich meine, dass Sie den Fehler zulassen. Ich kann die Position verteidigen. Schreiben Sie mir in PM, wir werden besprechen.