Featured Articles

Analysts expect ARM to do well next year

Analysts expect ARM to do well next year

British chip designer ARM could cash in on the mobile industry's rush to transition to 64-bit operating systems and hardware.

More...
Huawei and Xiaomi outpace Lenovo, LG in smartphone market

Huawei and Xiaomi outpace Lenovo, LG in smartphone market

Samsung has lost smartphone market share, ending the quarter on a low note and Xiaomi appears to be the big winner.

More...
Intel Broadwell 15W coming to CES

Intel Broadwell 15W coming to CES

It looks like Intel will be showing off its 14nm processors, codenames Broadwell, in a couple of weeks at CES 2015.

More...
Gainward GTX 980 Phantom reviewed

Gainward GTX 980 Phantom reviewed

Today we’ll be taking a closer look at the recently introduced Gainward GTX 980 4GB with the company’s trademark Phantom cooler.

More...
Zotac ZBOX Sphere OI520 barebones vs Sphere Plus review

Zotac ZBOX Sphere OI520 barebones vs Sphere Plus review

Zotac has been in the nettop and mini-PC space for more than four years now and it has managed to carve…

More...
Frontpage Slideshow | Copyright © 2006-2010 orks, a business unit of Nuevvo Webware Ltd.
Wednesday, 30 May 2012 11:57

Kim Dotcom has a victory in court

Written by Nick Farrell



US government has to hand over evidence


A New Zealand court has told the US government that if it wants to extradite Megaupload founder Kim Dotcom and his co-defendants from Godzone it is going to have to show a bit of the evidence.

The US expected that after the New Zealand police had done what they were told and arrested Dotcom with out asking questions, the New Zealand judiciary would roll over too.  Fortunately they were mistaken. A New Zealand judge ordered the United States government to hand over evidence the defense will need to prepare for an upcoming extradition hearing.

The US insisted that the defendants should make do with the information about its case. The judge's comments in the 81-page decision suggests that he is conscious of Dotcom's trying circumstances and the unusual nature of the case against him. Judge David Harvey said that actions by and on behalf of the requesting State have deprived  Dotcom and his associates of access to records and information.

Judge Harvey wrote, "does not have access to information which may assist him in preparation for trial." The case did not appear straight forward either.  The Judge noted that the United States was attempting to utilise concepts from the civil copyright context as a basis for the application of criminal copyright liability. This means that he will have to think about principles such as the dual use of technology and what they be described as significant non-infringing uses.

Already Judge Harvey has indicated that it is not possible to have a criminal Grokster. In civil cases like Grokster, defendants faced only financial penalties, not jail time. Judge Harvey must still determine whether the US government has a plausible case for Dotcom's guilt. With a trove of documents furnished by the United States, the Dotcom legal team will be better positioned to argue that it doesn't.

Nick Farrell

E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
blog comments powered by Disqus

 

Facebook activity

Latest Commented Articles

Recent Comments