Dotcom could face new charges if he launches new service
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Megaupload founder Kim Dotcom could violate the terms of his bail, or face new criminal charges, if he launches a new file-sharing and storage service as planned, the US Department of Justice said in a court filing this week.
Dotcom, who said earlier this month he plans to launch a service called Mega, would renege on assurances he made to a New Zealand court before he was granted bail in the DOJ's copyright infringement case against him and Megaupload, the DOJ said in a court document filed late Wednesday.
"Defense Counsel's claim that the corporate defendant can and should be allowed to operate undermines the sworn statements of Dotcom that he has no plans or ability to continue to operate or fund the businesses in the Indictment during pendency of the extradition process," the DOJ's lawyers wrote in a court filing opposing a motion by Dotcom's lawyers to dismiss the case against Megaupload. "If defendant Dotcom intentionally misled the court in New Zealand about his intentions and capabilities in order to obtain his release from pre-extradition confinement, it seems Defense Counsel's representation might endanger Dotcom's bail situation or even subject him to additional charges."
Dotcom, in a January affidavit given in New Zealand, said he had no plans to relaunch Megaupload or a similar service until the DOJ's case against him is resolved.
"There is no realistic prospect or possibility of restoring the business or recommencing the business having regard to both the seizure of the requisite servers and data storage equipment and to the seizure of all funds, monies and assets held both by Megaupload and by me personally," he said then."Further, it is likely that users would consider any new iteration of Megaupload as inherently unreliable as it could be subject to a further incident in which the US government takes action to close the site down and thereby prevents users from having legitimate access to their data."
Ira Rothken, a lawyer representing Dotcom and Megaupload, dismissed the DOJ's assertions. Dotcom has a "top-notch" legal team in New Zealand working with the court there to assure that he complies with the terms of his bail, Rothken said.
The DOJ's suggestion that Dotcom could face new criminal charges lacks merit, he added.
"It sounds like the United States is attacking a technology before they fully investigate it," Rothken said. "This looks to be the second time they're doing that. Kim Dotcom is innocent, and he's entitled to be involved in technology and business."
The DOJ has accused Dotcom and Megaupload of running a massive file-sharing operation infringing the copyrights of many US companies. In January, the agency seized the website and charged Dotcom and three other executives with conspiracy to commit racketeering, copyright infringement and money laundering.
Posted by jason santana at 19:15:12 on October 29, 2012
Guilty even before a court case.
In my view the whole thing was instigated by the RIAA because he was looking at starting a music site where the musician would get more money than they get from the RIAA people so make great inroads into their business.
Posted by mikebartnz at 16:04:19 on October 29, 2012
Furthermore, even it was regarded as being sufficientlyt similar his statement was that he had no plans to launch a similar service, not that he wouldn't launch one. he may well have had no plans to launch that service at the tike of his release, but has since then formulated such plans/
Posted by a, nony. mouse. at 14:33:15 on October 29, 2012
Posted by Anonymous at 12:16:16 on October 29, 2012
Posted by Anonymous at 14:37:47 on October 29, 2012
Posted by mikebartnz at 16:06:42 on October 29, 2012
Posted by Anonymous at 16:29:02 on October 29, 2012
"Who shall guard the Guardians?"
Posted by Kiwiiano at 23:00:07 on October 29, 2012