Kim Dotcom loses extradition case
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Kim Dotcom loses extradition case
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Re: Kim Dotcom loses extradition case
#2Process arguments aside (and there may be process arguments that demolish the US case here, and I care about process too, especially if they involve getting evidence in bogus ways):
The US has Kim Schmitz dead to rights in this case.
There's a whole mythology about what MegaUpload actually was, and it gets partial anecdotal support from people who, for instance, used it or had friends who used it solely as a sort of Dropbox or benign file transmission method.
But when the DOJ imaged the servers, they got Schmitz's mail spools, and they have Schmitz and his employees in black- and- white discussing payment systems that disbursed cash to users specifically based on pirated media.
My favorite anecdote from the indictment:
At one point during the operation of MegaUpload, a user downloaded an episode of Dexter from it, and complained to Schmitz via email that the video quality was low.
Schmitz responded not by scrubbing Dexter off his site, but instead by demanding that his staff fix the video quality issues.
Re: Kim Dotcom loses extradition case
#3Process arguments aside (and there may be process arguments that demolish the US case here, and I care about process too, especially if they involve getting evidence in bogus ways): The US has Kim Schmitz dead to rights in this case. There's a whole mythology about what MegaUpload actually was, and it gets partial anecdotal support from people who, for instance, used it or had friends who used it solely as a sort of…
Perhaps playing Devil's Advocate here a little bit and without knowing their local laws - however wouldn't the route still be, and all that is obligated by MegaUpload, to respond to official DMCA-like requests? I don't want to assume that he knows what Dexter is, nor that it wasn't the copyright holder who uploaded it.
Re: Kim Dotcom loses extradition case
#4The original federal indictment of Dotcom.
https://www.unitedstatescourts.org/federal/vaed/275314/1-0.h...
Re: Kim Dotcom loses extradition case
#5Process arguments aside (and there may be process arguments that demolish the US case here, and I care about process too, especially if they involve getting evidence in bogus ways): The US has Kim Schmitz dead to rights in this case. There's a whole mythology about what MegaUpload actually was, and it gets partial anecdotal support from people who, for instance, used it or had friends who used it solely as a sort of…
Perhaps playing Devil's Advocate here a little bit and without knowing their local laws - however wouldn't the route still be, and all that is obligated by MegaUpload, to respond to official DMCA-like requests? I don't want to assume that he knows what Dexter is, nor that it wasn't the copyright holder who uploaded it.
He's being extradited now, which means that it's US laws that apply now. I don't think this particular fact is evidence of any law breaking, unless the email the user sent said they were pirating the show. Because it's hard to prove that Kim knew what "Dexter" was, and even if he did, it's hard to prove he didn't assume it was uploaded legitimately (by Showtime, for example).
That said, there's a little more to it than just promptly addressing DMCA takedown requests. In order to be eligible for the DMCA safe-harbor, a company must not be aware of specific cases of copyright infringement on their website without taking some action agais them.
Re: Kim Dotcom loses extradition case
#6Process arguments aside (and there may be process arguments that demolish the US case here, and I care about process too, especially if they involve getting evidence in bogus ways): The US has Kim Schmitz dead to rights in this case. There's a whole mythology about what MegaUpload actually was, and it gets partial anecdotal support from people who, for instance, used it or had friends who used it solely as a sort of…
In a perfect U.S. -- one where jurors weren't routinely disqualified from serving on a jury simply because they are aware of the concept of jury nullification -- I might agree with you.
But our system is badly broken here in the U.S.
Appeals to the law as it currently exists and saying essentially, "You broke the law; now pay the price." are ignorant and stupid since our whole concept of justice is predicated on the idea that any sufficiently unacceptable law should be able to be nullified by jury.
This is still true in theory, but in practice, one of the major checks in the grand balancing scheme of our system of justice is non-existant.
Fix that. Then worry about who broke what laws.
Re: Kim Dotcom loses extradition case
#7Process arguments aside (and there may be process arguments that demolish the US case here, and I care about process too, especially if they involve getting evidence in bogus ways): The US has Kim Schmitz dead to rights in this case. There's a whole mythology about what MegaUpload actually was, and it gets partial anecdotal support from people who, for instance, used it or had friends who used it solely as a sort of…
This is about the extradition. I'm sure there's something in your comment history that would be considered blasphemy in Turkey, should the US extradite you if we further assume you have never visited the country?
Dotcom has never been to the US. I personally don't want a world where I may be extradited to a country I've never been because of something accessible on the internet and the political stars happened to align with my home country.
Re: Kim Dotcom loses extradition case
#8Earlier quoted context omitted.
Perhaps playing Devil's Advocate here a little bit and without knowing their local laws - however wouldn't the route still be, and all that is obligated by MegaUpload, to respond to official DMCA-like requests? I don't want to assume that he knows what Dexter is, nor that it wasn't the copyright holder who uploaded it.
He's being extradited now, which means that it's US laws that apply now. I don't think this particular fact is evidence of any law breaking, unless the email the user sent said they were pirating the show. Because it's hard to prove that Kim knew what "Dexter" was, and even if he did, it's hard to prove he didn't assume it was uploaded legitimately (by Showtime, for example). That said, there's a little more to it th…
Technically he has the right to appeal, which I'm sure he will do, so he's not being extradited just yet and New Zealand laws still apply.
Re: Kim Dotcom loses extradition case
#9Process arguments aside (and there may be process arguments that demolish the US case here, and I care about process too, especially if they involve getting evidence in bogus ways): The US has Kim Schmitz dead to rights in this case. There's a whole mythology about what MegaUpload actually was, and it gets partial anecdotal support from people who, for instance, used it or had friends who used it solely as a sort of…
This is about the extradition. I'm sure there's something in your comment history that would be considered blasphemy in Turkey, should the US extradite you if we further assume you have never visited the country? Dotcom has never been to the US. I personally don't want a world where I may be extradited to a country I've never been because of something accessible on the internet and the political stars happened to ali…
We've had an extradition treaty with Turkey for nearly 40 years. Got an example where anything like that happened or is this just Boing Boing-style spitballing?
Re: Kim Dotcom loses extradition case
#10I always found it quite odd that his arrest and the takedown of MegaUpload all happened during the day the internet protested SOPA... A bill that was supposed to "Stop Online Piracy", and yet they seem to take down websites just fine without said bill?