Earlier quoted context omitted.
I ran a file sharing site for a while (it started out as a way to get around email file attachment limits). Sure enough the child pornographers found out about it and started using it but close collaboration between the dutch child porn taskforce and myself meant that using the service for child pornography was a huge risk to the uploaders and downloaders alike. The police never cared about any potential copyright in…
I wish people were more considered, less cavalier, when providing services. You obviously thought about it. That's important and some people appreciate it. I don't buy the "I just do X, what happens next is not my fault". It doesn't wash in commerce, it's equally invalid in ethics.
Megaupload programmer goes to prison for one year
131–140 of 159 posts
Re: Megaupload programmer goes to prison for one year
#132Wells Fargo smuggled half a Trillion(with a T) dollars worth of drug cartel money. Zero Punishment.
Re: Megaupload programmer goes to prison for one year
#133Earlier quoted context omitted.
He would not be allowed to plead guilty in The Netherlands, as The Netherlands is not charging him. The extradition hearing is about whether he will be extradited after being sentenced. So it would go like this: US says you are guilty, 25 years in jail for computer hacking and mass copyright infringement. US sends warrant for your extradition to The Netherlands. The Netherlands arrests you but allows you to go to exp…
No, why wouldn't they at least give it a shot? Is there collusion between NL hearing courts & US prosecution?
A collusion insinuates secrecy or illegality. There's a plain treaty about extraditions. If you get prosecuted in the US the default mode is that you get extradited.
In practice extraditions are almost never blocked, you would have to be in very special circumstances, like if you'd be at risk of being put to death in the US. Or have some illness that's not treated properly in the US. Maybe a very big public outcry in The Netherlands could work in your favor.
In this case it's very plain. There's no public outcry, he's viewed as a common criminal in The NL. His actions are most likely illegal here as well and it doesn't seem like a very good moment to go discussing the US' extreme penalties for intellectual crime.
Re: Megaupload programmer goes to prison for one year
#134Earlier quoted context omitted.
Your gross simplification of the issue to "free movies vs raping children" is a straw-man. That kind of patronizing condescension may work on morons, but there are those who have given careful consideration to the issue and decided that despite the negative aspects of free speech and the rule of law, that free speech is in fact more important than catching file-sharers of any kind, and that your ends-justifies-the-me…
Equating "piracy", which is nothing more than enjoying the fruits of somebody else's labor without paying them, with "free speech"? Yeah, that sounds closer to the "moron" category than the "careful consideration" category.
Re: Megaupload programmer goes to prison for one year
#135This just seems ridiculous to me. I may well get downvoted, but it needs saying. Why do 99% of the world's governments seem completely retarded when it comes to copyright laws? How many tens of millions in legal resources were expended in bringing 'justice' here? And what does the outcome even matter? Good job, tens of millions down the drain for one year of an Estonian's time? The system would surely be better serve…
I work in Law Enforcement, so feel to disregard my opinion as biased , however, 75% of my work relates to child exploitation material, and an enormous amount of child abuse material disappeared from easy access when mega-upload went down. I used to find computers with lists and lists of megaupload urls. When that method died out a little beacon of happy shone for me. Now I understand that free movies trumps removing…
The "think of the children" argument is tired.
Re: Megaupload programmer goes to prison for one year
#136Earlier quoted context omitted.
Actually, the fairness of the trial should be a given, and the lawyers should be merely additional parties whose role is to assist the defendant's handicap of lacking the needed professional law knowledge. Lawyers are not something that one must employ in a dog fight against abusive prosecutors.
In the US Prosecutors are given impunity to do just about anything to get a conviction. The only recourse for a defendant is to get their conviction overturned but that does not give them the years of their life back while waiting for an appeal. As to fairness it’s considered completely reasonable for an innocent person who is a possible flight risk to spend a year in jail awaiting trial.
That being said, prosecutors are humans, and often-times egotistical, political, cynical, and more than occasionally vindictive humans with all that entails. So, it is hardly uncommon to see rules already stacked in the state's favor bent or broken.
Trials are virtually extinct in the USA. With few exceptions, if you find yourself going to trial, you are not in a good place. While good lawyers should be trial lawyers and unafraid of trying any triable case, the vast majority of the time if you are getting off, you are getting off pretrial with a dismissal or deferred prosecution agreement. If you lose on pretrial motions and the state is intent on prosecuting, then most of the time if your attorney can get you a deal and recommends that you take it, then it's a choice between pride/"truth" and rolling dice loaded against you and paying for it big time.
While in principle as a defendant you are not supposed to be punished for taking your right to go to trial, the plea system punishes you heavily, and if you refuse to "take responsibility" by admitting guilty (the earlier the better) and expressing remorse, then you get punished even more post-conviction, with a heavier sentence, and then certainly being denied parole if that is available in the state system.
Re: Megaupload programmer goes to prison for one year
#137Earlier quoted context omitted.
http://fivethirtyeight.com/features/the-imprisoners-dilemma/ has this creepy chart https://espnfivethirtyeight.files.wordpress.com/2015/02/roed...
I think this is because of "war on drugs." Officials decides that drug sellers and drug users are danger to the society, and therefore locked away (i will not argue about dangers, just stating what Nixon and most of officials did)
Re: Megaupload programmer goes to prison for one year
#138Earlier quoted context omitted.
He would not be allowed to plead guilty in The Netherlands, as The Netherlands is not charging him. The extradition hearing is about whether he will be extradited after being sentenced. So it would go like this: US says you are guilty, 25 years in jail for computer hacking and mass copyright infringement. US sends warrant for your extradition to The Netherlands. The Netherlands arrests you but allows you to go to exp…
No, why wouldn't they at least give it a shot? Is there collusion between NL hearing courts & US prosecution?
Re: Megaupload programmer goes to prison for one year
#139Sidenote: it's so weird the English language uses the same word "justice" for the legal system and the moral concept. In German for example the two are different, making it easy to explain to people how the legal system is about equal application of the law, not personal closure. The domain "justice.gov" just sounds like propaganda (imagine "freedom.gov") to me as a non-native speaker who mostly hears the term used i…
I'm not sure which German words you are referring to, but as a Dutch person "justice.gov" sounds like propaganda to me too.
Re: Megaupload programmer goes to prison for one year
#140Earlier quoted context omitted.
In the US Prosecutors are given impunity to do just about anything to get a conviction. The only recourse for a defendant is to get their conviction overturned but that does not give them the years of their life back while waiting for an appeal. As to fairness it’s considered completely reasonable for an innocent person who is a possible flight risk to spend a year in jail awaiting trial.
Actually, prosecutors are governed by many rules from constitutional and statutory law as well as canons of ethics that apply to their special position. They have an obligation to promptly disclose any and all evidence they encounter favorable to the defendant. They have an obligation to drop charges at any point that it is apparent that there is no probable cause that the defendant is guilty of a crime, and not to p…
http://www.washingtonpost.com/news/opinions/wp/2014/01/30/7t...
PS: Absolute immunity protects from both criminal prosecution and lawsuits, so in general they can at worst be fired possibly disbarred. http://en.wikipedia.org/wiki/Absolute_immunity