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Kim Dotcom wins battle in ongoing fight against U.S. extradition

reuters.com

81–90 of 143 posts

Re: Kim Dotcom wins battle in ongoing fight against U.S. extradition

#81

Earlier quoted context omitted.

People paid for their service too. So they are making money directly off of users’ illegal actions like how 1) airbnb users illegally converting rooms into short term rentals 2) amazon helping people avoid sales tax 3) uber lyft allowing drivers to drive taxis without a taxi license

As for point (2), technically it's on the consumer to pay use tax on an item that they did not pay sales tax on. Amazon was operating in a perfectly normal manner; it's just that interstate sales like that weren't common before the internet. The laws are still trying to catch up. https://en.wikipedia.org/wiki/Use_tax https://en.wikipedia.org/wiki/Streamlined_Sales_Tax_Project

I thought mail-order catalogs were fairly common. How did they handle tax?

Re: Kim Dotcom wins battle in ongoing fight against U.S. extradition

#82
post #10

Earlier quoted context omitted.

A police raid is no laughing matter. People die all the time, so it's fortunate nobody got hurt. Ordinarily for white collar crime, you'd expect a knock on the door and to be handed a summons, not full terrorism mode. You'd also expect your government to follow its due process, again not denying rights in full terrorism mode. Oligarchy at work.

A police raid is no laughing matter. People die all the time, so it's fortunate nobody got hurt. Not in New Zealand, they don't. Although Hollywood did put pressure on the NZ government to do a full tactical raid on this guys house.

How many full tactical anti-terror assaults, including 9 operators deploying from helicopters in assault landings, has NZ done? Besides the raid on Dotcom, that is.

Re: Kim Dotcom wins battle in ongoing fight against U.S. extradition

#83
post #70

Love Kim Dotcom or hate him, you have to applaud his tenacity in defending himself. When he was arrested in 2012, I don't think anyone remotely imagined he would still be battling, and, in many regards, winning against the US Government.

If you don't have money you take a deal and plead guilty. If you have money, you can drag things out for years.

Yeah but they froze most of his assets initially so he didn't have money to defend himself.

It's been a mix of luck, US Government mishandling the case and the tenacity of Kim.

Re: Kim Dotcom wins battle in ongoing fight against U.S. extradition

#84
post #49

Earlier quoted context omitted.

The reason it matters is exactly what you said. MegaUpload did comply to the law and not one inch more, just like they were supposed to. Then the MPAA got the US government involved in what should have been a civil matter. That wasn’t enough so then the US government induced an allied government to execute a tactical raid on the guy’s house and seize his business assets including the servers containing customer data.…

They violated the law, and assisted others in violating the law, openly, and defiantly. When he was raided it was of no surprise to anyone who was paying attention, himself included. People like to paint this up as "this guy was just running his business in full compliance with the law and Big Government came in with their jackbooted thugs and took away his business" but the reality is a lot more complicated than tha…

I'm not holding up the guy as a saint, but what happened to him was heinous. Whether you agree with his behavior or not, the fact men with guns were used to take enforcement action about US copyright law in New Zealand is a problem.

If I was going to write about someone I think is a much more admirable martyr for the insanity of US copyright laws I'd point to Aaron Schwartz, not Kim DotCom. But that's not what this conversation is about, and nothing I said was untrue.

Re: Kim Dotcom wins battle in ongoing fight against U.S. extradition

#85

Earlier quoted context omitted.

If you don't have money you take a deal and plead guilty. If you have money, you can drag things out for years.

Yeah but they froze most of his assets initially so he didn't have money to defend himself. It's been a mix of luck, US Government mishandling the case and the tenacity of Kim.

>It's been a mix of luck, US Government mishandling the case and the tenacity of Kim

Don't forget the local (NZ) mishandlings.

Re: Kim Dotcom wins battle in ongoing fight against U.S. extradition

#86

Earlier quoted context omitted.

As for point (2), technically it's on the consumer to pay use tax on an item that they did not pay sales tax on. Amazon was operating in a perfectly normal manner; it's just that interstate sales like that weren't common before the internet. The laws are still trying to catch up. https://en.wikipedia.org/wiki/Use_tax https://en.wikipedia.org/wiki/Streamlined_Sales_Tax_Project

I thought mail-order catalogs were fairly common. How did they handle tax?

The exact same way that internet companies do. :-)

As much as states don't want you to think about it, the Constitutional issues were settled back in the 1800s. If you do business with a company from another state, that is interstate commerce and only the Federal government can make laws about it. So, very importantly, your state government can't.

However if the company and customer exist in the state, then state law can apply to both. So companies have to track and apply state sales tax only for states where they have a physical presence.

After that it is all down to what it means for a company to exist in a state. For example if Amazon owns a subsidiary named A2Z Development which is doing software development in California for Amazon, does Amazon have a presence in California?

Re: Kim Dotcom wins battle in ongoing fight against U.S. extradition

#87
post #75

Earlier quoted context omitted.

I don't know about this specific case, but in the US they often use statutory damages instead: "the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringe…

We probably need a new kind of statutory damages geared to this kind of infringement. The current statutory damages are geared toward commercial infringement. Note, though, that she had to work really hard to get damages that high. As noted in your quote, statutory damages fall in a range. She probably would have gotten near the low end of the possible range if she had not tried to destroy evidence, had not perjured…

On the other hand, if she had accepted any of those settlement, she would have been out that amount of money, whereas by not doing so, she hasn't paid a cent, choosing to file bankruptcy instead.

Re: Kim Dotcom wins battle in ongoing fight against U.S. extradition

#88
post #59

This is attempting to fix something that is already fixed. Morally I want to pay for everything I use. I music production I own a license for everything I use or demo. It is very simple to pirate plugins (Kayne West pirated DeadMau5's Serum plugin) https://www.billboard.com/articles/news/dance/6897291/deadma... In the past it was impossible to pay for content and the only place it was available was on torrents. It wa…

That's not quite true. I pay for streaming services, and when it comes to music, I can find 99% of what I want on said streaming services. For video though, even if you have Netflix, Amazon video, Google Play and HBO now, there are still a number of movies and TV shows you don't legally have access to. That, and last I checked, the software for HBO now was pretty crap, I couldn't get it to stream on my Chromecast. Amazon video also refused to build in Chromecast support because they want to sell you their own device.

Re: Kim Dotcom wins battle in ongoing fight against U.S. extradition

#89

Earlier quoted context omitted.

I don't know about this specific case, but in the US they often use statutory damages instead: "the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringe…

America is always winning the craziness award in these threads, due to being ultra capitalistic with no regard to common sense.

With the added irony that they were late in signing the Bern convention on copyright (didn't happen until the 1980s).

Re: Kim Dotcom wins battle in ongoing fight against U.S. extradition

#90

> a Wellington court ruled the attorney general broke the law When does the sentencing or punishment phase start?

in New Zealand, a parliamentary democracy, all ministers are elected politicians, including the attorney general - that particular attorney general is now out of power - sentencing has completed and a fine (against the government) levied
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