Tag: MegaUpload (page 2)
New Zealand High Court Judge Winkelmann delivered a solid win to Kim Dotcom and his Megaupload codefendants late yesterday. Judge Winkelmann upheld District Court Judge David Harvey's order directing the U.S. to disclose evidence to the defense for use at the extradition hearing.
Kim Dotcom's extradition has become less certain after a judgment which will see the FBI having to prove it has the evidence to back up its charges - and a finding the legal document asking he be sent for trial in the United States did not comply with the law.
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John Campbell of Campbell Live at TV3 News in New Zealand aired this 10 minute segment last night with footage from the Kim Dotcom raid played in court and live clips of Kim Dotcom's testimony describing his arrest and mistreatment.
CCTV footage showed two helicopters landing in quick succession at the sprawling home, formerly known as the Chrisco mansion, north of Auckland, in January. Five armed men exited each helicopter and then three vans and a car quickly arrived disgorging more armed men, some with dogs.
One New Zealand police officer said he had questioned the threat assessment at the time as being "over the top" for a fraud case, according to a document introduced in hearings this week.[More...]
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Kim Dotcom today released his new children's song, "Precious."
Update: Kim Dotcom testified today. He said he was punched and kicked during the raid. (For a recap of the raid, go here.) The police gave this version at the time. Photos of the mansion and panic room are here.
As to legal news, Kim Dotcom will be at the High Court in New Zealand today, where Judge Winklemann, who in June declared the raid on the Dotcom Mansion illegal and based on invalid search warrants, will be holding a continued judicial review hearing on the raid and the U.S. failure to turn over material seized during it to Kim DotCom and his codefendants.
The hearing, at the High Court in Auckland, is a continuation of a judicial review of an earlier ruling that the US government has to grant Dotcom and his co-accused access to the evidence it holds against them.
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Kim DotCom's new video, Mr. President, is out.
What about free speech, Mr. President
What happened to change, Mr. President?
...Are you pleading the 5th Mr. President?
Are you going to fix this Mr President?
It's got cool photos of Anomymous members, the Megaupload defendants in jail, happy people singing in the streets, a catchy tune and good direction and sounds, undoubtedly by Printz Board, the musical director for the Black Eyed Peas, who worked on the MegaUpload song.
I've listened to it 5 times already, and it gets better each time. [More...]
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On Wednesday morning Dotcom laid down the gauntlet to the US department of justice, offering to travel to the US under his own steam and faces charges – with conditions. "Hey DOJ," Dotcom said on his Twitter account, "we will go to the US. No need for extradition. We want bail, funds unfrozen for lawyers and living expenses."
He told the Guardian that the offer was genuine but he was not holding his breath. "Considering the way the US government has conducted their case and the way I was treated, I never expect to get a fair trial in the United States," he said.
He's not happy that his extradition hearing just got delayed until March, 2013. [More...]
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The New Zealand High Court has invalidated the search warrants executed on #Kim DotCom and his co-defendants. The raid on the Dotcom Mansion was illegal and based on invalid search warrants. The Judge also found that it was "unlawful for clones of digital material seized to be sent to the FBI."
Dotcom wiped tears from his eyes and left court as Mr Davison said his client had been "ripped from his family'' and was now before the court asking for the legitimacy of the police actions to be looked at.
Summary of Findings, from the 56 page decision: [More...]
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Kim DotCom is back. He's tweeting up a storm and posting pictures -- and making fun of law enforcement. His kids are adorable. He's gotten more than 32,000+ followers (including me) in the first 6 days. He follows one person: Barack Obama.
He's also picked up a big new supporter for his legal defense: Apple co-founder Steve Wozniak. [More...]
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Kim Dotcom scores another win in New Zealand, and it's an expensive one for the U.S. The U.S. has been fighting a New Zealand court's order to provide discovery in the extradition case, including the information stored on Megaupload servers in the U.S.
The back story: Kim Dotcom (and his codefendants) requested the disclosure of documents and materials relating to the issue of whether the U.S. has a prima facie case against them allowing for their extradition to the U.S. to face charges pending in the Eastern District of Virginia. On May 29, New Zealand District Court Judge Harvey granted several of the discovery requests and gave the U.S. 21 days to turn over the material.[More...]
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But there's a hitch. The Quinn Emanuel lawyers only want in if they can opt if the court decides they can't be paid from the funds seized from MegaUpload.
Checking the docket, Mr. Schapiro hasn't individually entered his appearance yet, but Paul Brinkman and William William Burck, other lawyers from his firm, Quinn Emmanuel, are trying to.
The Quinn Emmanuel lawyers (and long-standing MegaUpload lawyer Ira Rothken) are attempting to enter a special or limited appearance for the purpose of litigating the release of seized assets for attorneys' fees and issues related to the preservation of data on Carpathia's servers. [More...]
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A judge in New Zealand today eased the bail restrictions on Kim Dotcom and his MegaUpload co-defendants. Kim DotCom requested:
....internet access, permission to meet with his co-accused to research their court case, permission to go swimming at the pool at his mansion and be allowed to travel to a music studio to finish recording an album.
The judge granted all, with some limits on how often he could visit the recording studio. The Crown did not oppose internet access or going to the pool. The Judge, in granting the motion, said Kim DotCom was not a flight risk: [More...]
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Kim and Mona Dotcom are the proud parents of twin girls, delivered Thursday at the National Women's Hospital in Auckland. The twins are healthy, and Mona is doing fine.
They arrived as scheduled by caesarean, weighing in at 2.4kg and 2.8kg. On Friday, he texted: "Two healthy Kiwis were born yesterday. All good. When they asked me if I'd like to keep the placenta (weird question) I said 'yes' and 'please send it to the FBI for forensic analysis so they can verify there is no pirate DNA'."
On a more serious note, he thanked the judges who approved his bail:
"I would like to thank them for the opportunity to be there with Mona for the birth. It meant a lot to us."
The other three Dotcom kids have names beginning with "K": Kimmo, Kaylo and Kobi.
The Herald on Sunday suggested a name and he responded: "Kiwi Dotcom it is. Awesome!"
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A justice of the New Zealand High Court has granted Kim Dotcom $60,000. a month to live on while awaiting the outcome of the U.S. extradition request.
In a decision released today, the court said a $20,000 monthly living allowance would come from the interest paid on the $10 million Dotcom has invested in NZ government bonds. The remaining $40,000 will be paid in monthly installments from a $301,000 bank account he has had returned to him.
One of his two 2011 Mercedes was also ordered returned. (He had a 2011 Mercedes-Benz G55 AMG, with the license plate "POLICE” and a 2011 Mercedes-Benz ML63.)
No ruling yet on whether the procedurally defective restraining order will result in him getting all seized property back.
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[Note: See Update at end of post, with quotes from court order.]
Authorities in New Zealand goofed. They applied for the seizure/restraining order on Megaupload and KimDotCom's assets under the wrong legal provision. On Friday, New Zealand High Court Justice Judith Potter declared the order null and void, and found it had no legal effect.
The Crown admitted the error about a week after Kim Dotcom and Megaupload's assets were seized, and on January 30, submitted a revised version under the correct portion of the statute, which the court granted on a temporary basis. Kim DotCom filed a motion attacking the order during the first week in February.
While Justice Potter has now ruled the first order was invalid, she has yet to rule on whether whether the new seizure order can legally cover assets seized under the old, invalid order. If she rules it cannot, she may order Kim Dotcom and the other defendants' property returned to them. [More...]
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MegaUpload founder Kim Dotcom gave an in depth interview yesterday to TV3 News in New Zealand. I couldn't get the video to play, but the station posted the transcript.
What's remarkable about reading the transcript is that it feels like you are hearing him speak. That's how passionate Kim Dotcom is about his innocence. He explains MegaUpload and copyright laws a lot better than the Government does in its Indictment. And he answers each question directly -- there are no attempts to deflect the interviewer by answering the question he thinks should have been asked instead of the one actually put to him. He really seems to have nothing to hide. In a nutshell: [More...]
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Update (3/1): The written decision rejecting the Crown's bail appeal for Kim DotCom has been released. You can read it here.
The Crown, representing the U.S., has lost its appeal to reverse MegaUpload co-founder Kim DotCom's release on bail. I just received confirmation from The High Court's media department via e-mail: "I am able to advise that Kim Dotcom's bail appeal has been dismissed." A copy of the decision should be available soon. When I receive it, I'll post it.
9:00 pm MT: First on Twitter, the New Zealand Business Review: Kim Dot Com Stays Free. NZBR said it was standing room only in the High Court. [More...]
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