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-   -   Kim Dotcom loses ruling in New Zealand's top court (https://gfy.com/showthread.php?t=1136430)

signupdamnit 03-20-2014 06:16 PM

Kim Dotcom loses ruling in New Zealand's top court
 
Quote:

WELLINGTON, New Zealand (AP) ? Indicted Internet entrepreneur Kim Dotcom on Friday lost a ruling in New Zealand's highest court as part of his legal battle to try and avoid extradition to the United States.

Dotcom founded the once-popular file-sharing site Megaupload, which U.S. prosecutors shut down in 2012. Prosecutors accuse him and colleagues of racketeering by facilitating the widespread illegal downloading of songs and movies. Dotcom argues he can't be held responsible for those who chose to use his site for illegitimate purposes.

In a 4-1 ruling, New Zealand's Supreme Court denied a bid by Dotcom and three of his colleagues, who are also facing extradition, to have access to all the U.S. evidence against them at their July extradition hearing. Chief Justice Sian Ellias cast the dissenting vote.

The court agreed with a previous ruling that extensive disclosure could bog down the process and a summary of the U.S. case would suffice. The court found the country's Extradition Act does not require foreign countries to provide such disclosure.

While the ruling effectively ended one legal argument for Dotcom, the Supreme Court may end up ruling on other aspects of the case.
http://bigstory.ap.org/article/kim-d...ands-top-court

JuicyBunny 03-20-2014 06:18 PM

Hope he enjoys his bag of dicks in prison.

SomeCreep 03-20-2014 06:20 PM

That fat boy needs to hit the gym.

Phoenix 03-20-2014 06:26 PM

who would have guessed that profiting off of massive theft to the tune of 100 million or so would land you in hot water?

AdultKing 03-20-2014 06:32 PM

Quote:

Originally Posted by Phoenix (Post 20022503)
who would have guessed that profiting off of massive theft to the tune of 100 million or so would land you in hot water?

:2 cents:

kane 03-20-2014 08:13 PM

I have a feeling Kim is going to find out that if the US Government wants a piece of your ass eventually they get what they want.

mineistaken 03-20-2014 08:26 PM

Wait, is Kim American? If not - how come he can be extradited there?

rowan 03-20-2014 08:48 PM

He does appear to be a douchebag who has repeatedly flaunted the law, but from reports it sounds like the US and NZ governments have, too.

kane 03-20-2014 08:59 PM

Quote:

Originally Posted by mineistaken (Post 20022574)
Wait, is Kim American? If not - how come he can be extradited there?

He is not an American, but he is accused of committing crimes against American companies. That is why they want to extradite him to the US to stand trial.

Biggy 03-20-2014 09:27 PM

He did nothing wrong, so surely he shouldn't be worried about having his day in American court :)

faxxaff 03-20-2014 09:34 PM

Imagine being accused of a crime and courts deny showing evidence against you. They just rule. How can you defend yourself?

kane 03-20-2014 10:07 PM

Quote:

Originally Posted by faxxaff (Post 20022608)
Imagine being accused of a crime and courts deny showing evidence against you. They just rule. How can you defend yourself?

That's not really what is happening here.

The law says (at least my understanding of it) for an extradition they only have to prove that they have enough evidence to put forth a reasonable case against him. He wants them to hand over every last shred of evidence they have as if it were the actual trial so he can challenge every shred of it.

This would mean his lawyer would likely file countless briefs challenging every last line of every last document and drag this proceeding out forever.

If he loses these rulings, which he has for the moment, he still has the actual extradition hearing in July. If he loses then then he will end up in the US for the actual trial and there will be plenty of opportunities for him to refute all the evidence they have against him.

faxxaff 03-20-2014 10:14 PM

Quote:

Originally Posted by kane (Post 20022618)
That's not really what is happening here.

The law says (at least my understanding of it) for an extradition they only have to prove that they have enough evidence to put forth a reasonable case against him. He wants them to hand over every last shred of evidence they have as if it were the actual trial so he can challenge every shred of it.

This would mean his lawyer would likely file countless briefs challenging every last line of every last document and drag this proceeding out forever.

If he loses these rulings, which he has for the moment, he still has the actual extradition hearing in July. If he loses then then he will end up in the US for the actual trial and there will be plenty of opportunities for him to refute all the evidence they have against him.

I understand, but keeping evidence from a defendant means there is no way for him to know all charges. Looks very fishy to me. They might get him extradited for this, but then bring other charges against him once he is on US soil. It's similar to the problems Wikileaks people and international bankers are facing.

kane 03-20-2014 10:59 PM

Quote:

Originally Posted by faxxaff (Post 20022622)
I understand, but keeping evidence from a defendant means there is no way for him to know all charges. Looks very fishy to me. They might get him extradited for this, but then bring other charges against him once he is on US soil. It's similar to the problems Wikileaks people and international bankers are facing.

I suppose they could add charges once they have him on US soil, but I don't know if that would have changed things as far as the extradition went. At this point they only have to show that they have enough evidence to make a case against him.

I suppose if the added charges violated his basic human rights, or they went against the extradition laws of the country he was extradited in it could be a problem, but I think the likelyhood of that happening are pretty small.

Personally, I think if the US wins and he is extradited he will likely end up cutting a deal. I think the government will get one of his guys to agree to testify against him and that will force Dotcom to realize he is screwed so he will try to cut the best deal he can.

baddog 03-20-2014 11:01 PM

Quote:

Originally Posted by faxxaff (Post 20022622)
I understand, but keeping evidence from a defendant means there is no way for him to know all charges. Looks very fishy to me. They might get him extradited for this, but then bring other charges against him once he is on US soil. It's similar to the problems Wikileaks people and international bankers are facing.

When he is arraigned he will be told the charges against him and he can plead guilty or not guilty. If he pleads not guilty he has every right to see the evidence against him; that right is guaranteed him. He hasn't gotten to the part where he gets to see state's evidence yet.

He isn't a defendant yet.

bean-aid 03-20-2014 11:02 PM


Biggy 03-20-2014 11:03 PM

Quote:

Originally Posted by baddog (Post 20022629)
When he is arraigned he will be told the charges against him and he can plead guilty or not guilty. If he pleads not guilty he has every right to see the evidence against him; that right is guaranteed him. He hasn't gotten to the part where he gets to see state's evidence yet.

He isn't a defendant yet.

Correct. He is innocent so he has nothing to worry about. He is a Good Samaritan and I am sure he is looking forward to having his day in court!

Aidoru 03-20-2014 11:20 PM

He was ranked #1 in Call of Duty, he'll be fine

WDF 03-20-2014 11:28 PM

Quote:

Originally Posted by Biggy (Post 20022631)
Correct. He is innocent so he has nothing to worry about. He is a Good Samaritan and I am sure he is looking forward to having his day in court!


If this were in fact true and he will be found innocent of all charges against him then why is he spending so much time and money fighting to keep from having his day in court?

Why is he avoiding appearing in court to hear the charges and defend himself?

If you are to believe those that spew propaganda about justice Kim is wealthy and should have no issues buying his desired form of justice.

kane 03-20-2014 11:40 PM

Quote:

Originally Posted by WDF (Post 20022638)
If this were in fact true and he will be found innocent of all charges against him then why is he spending so much time and money fighting to keep from having his day in court?

Why is he avoiding appearing in court to hear the charges and defend himself?

If you are to believe those that spew propaganda about justice Kim is wealthy and should have no issues buying his desired form of justice.

I think he was being sarcastic.

WDF 03-21-2014 12:03 AM

Just asking the hypothetical questions everyone else should be asking themselves.:1orglaugh

There is a hint of sarcasm in all 3 of the sentences I posted also.:thumbsup

EvaCash 03-21-2014 12:49 AM

Quote:

Originally Posted by Phoenix (Post 20022503)
who would have guessed that profiting off of massive theft to the tune of 100 million or so would land you in hot water?


I know, right?

just a punk 03-21-2014 12:57 AM

Quote:

Originally Posted by kane (Post 20022589)
He is not an American, but he is accused of committing crimes against American companies. That is why they want to extradite him to the US to stand trial.

Hey guys, wait a minute please!

For example there is a death penalty for pornography in Iran, Saudi Arabia and some other countries. So what if they will request YOUR extradition for the crimes (porn production/exposure) that was seen (maybe even copied!) by some of their citizens? Will you be extradited or not? If not, how is it different to the Kim's case? Just cautious...

Struggle4Bucks 03-21-2014 01:13 AM

He's german right? Why doesn't he move back to Germany. Germany never extradite their citizens...

kane 03-21-2014 01:14 AM

Quote:

Originally Posted by CyberSEO (Post 20022686)
Hey guys, wait a minute please!

For example there is a death penalty for pornography in Iran, Saudi Arabia and some other countries. So what if they will request YOUR extradition for the crimes (porn production/exposure) that was seen (maybe even copied!) by some of their citizens? Will you be extradited or not? If not, how is it different to the Kim's case? Just cautious...

I suppose they could charge someone, but they would have to provide evidence of the crime and then they would have to convince a judge that the extradition was valid.

There is a big difference between that and what Kim has done. A guy running a website just puts the site up. The site is, in theory, legal where it is operated. If a citizen of Iran sought out the site and looked at the porn, in theory they sought out something that is illegal where they live. They weren't forced to look at it and the site isn't being run in Iran.

Kim, according to the allegations,actively and knowingly committed criminal activity. What he was doing is illegal where he was located (and the site originated) and where he is not being charged. He likely was also actively seeking out US users and likely paying US affiliates.

Struggle4Bucks 03-21-2014 01:19 AM

Quote:

Originally Posted by CyberSEO (Post 20022686)
Hey guys, wait a minute please!

For example there is a death penalty for pornography in Iran, Saudi Arabia and some other countries. So what if they will request YOUR extradition for the crimes (porn production/exposure) that was seen (maybe even copied!) by some of their citizens? Will you be extradited or not? If not, how is it different to the Kim's case? Just cautious...

Most Werstern countries do not extradite citizens if these suspects faces death penalty in that country... But... i highly respect countries that never extradite thier citizens anyway.

just a punk 03-21-2014 01:23 AM

Quote:

Originally Posted by kane (Post 20022693)
I suppose they could charge someone, but they would have to provide evidence of the crime and then they would have to convince a judge that the extradition was valid.

So what if they provide it in full?

just a punk 03-21-2014 01:27 AM

Quote:

Originally Posted by Struggle4Bucks (Post 20022698)
Most Werstern countries do not extradite citizens if these suspects faces death penalty in that country... But... i highly respect countries that never extradite thier citizens anyway.

Ok. What if it wasn't a death penalty but just a prison time. For example, in China? Will you be extradited there? If now, what's the difference to Dotcom's situation?

BTW, my own country does not extradite its citizens at all.

kane 03-21-2014 01:27 AM

Quote:

Originally Posted by Struggle4Bucks (Post 20022692)
He's german right? Why doesn't he move back to Germany. Germany never extradite their citizens...

He has been arrested multiple times in Germany and once fled that country and faked his own death to avoid prosecution there.

I have a feeling they might not trip over themselves to defend him.

kane 03-21-2014 01:32 AM

Quote:

Originally Posted by CyberSEO (Post 20022702)
So what if they provide it in full?

I guess it would depend on what form that evidence took. I think they would have to show that the person knowingly and willingly promoted that site to the Iranian people.

Also, being a death penalty case I think it would be difficult for them to provide enough evidence to convince a US court to send someone their to stand trial for porn with death as the sentence.

If the site is based in the US where is protected by the US Constitution they are going to have to put on one hell of a case to get the government to turn someone over to them.

Struggle4Bucks 03-21-2014 01:37 AM

Quote:

Originally Posted by CyberSEO (Post 20022703)
Ok. What if it wasn't a death penalty but just a prison time. For example, in China? Will you be extradited there? If now, what's the difference to Dotcom's situation?

BTW, my own country does not extradite its citizens at all.

I think my country doesn't have extradition-treaty with China because of human rights situation in that country. But i get your point and think extradition is tricky. Here there once was a woman (who had legal custody over her child) who's child was abducted by her foreing ex husband. He took that child back to his home country. She went to that country and took her child back. Later court rules she was to be extradited to the country of her ex husband for kindnapping her own child there. Good for you your country protects you!

Struggle4Bucks 03-21-2014 01:40 AM

Quote:

Originally Posted by kane (Post 20022704)
He has been arrested multiple times in Germany and once fled that country and faked his own death to avoid prosecution there.

I have a feeling they might not trip over themselves to defend him.

They still have to protect him... by law...... but, indeed, i guess that fatfuck has reasons to not come back Germany then...

kane 03-21-2014 01:44 AM

Quote:

Originally Posted by Struggle4Bucks (Post 20022712)
They still have to protect him... by law...... but, indeed, i guess that fatfuck has reasons to not come back Germany then...

Sure, there are laws that are in place no matter how they feel about him. My understanding is that Germany does have an extradition treaty with the US, they just tend to be very protective. Dotcom might not get the best they have to offer when it comes to defense.

NewNick 03-21-2014 02:26 AM

Quote:

Originally Posted by CyberSEO (Post 20022686)
Hey guys, wait a minute please!

For example there is a death penalty for pornography in Iran, Saudi Arabia and some other countries. So what if they will request YOUR extradition for the crimes (porn production/exposure) that was seen (maybe even copied!) by some of their citizens? Will you be extradited or not? If not, how is it different to the Kim's case? Just cautious...

Well if this is something that concerns you perhaps you should block IPs from those countries.

Or are you concerned that your bottom line would be affected when you lose all the sales from Iran and Saudi.

:thumbsup

Theo 03-21-2014 02:34 AM

Quote:

Originally Posted by CyberSEO (Post 20022686)
Hey guys, wait a minute please!

For example there is a death penalty for pornography in Iran, Saudi Arabia and some other countries. So what if they will request YOUR extradition for the crimes (porn production/exposure) that was seen (maybe even copied!) by some of their citizens? Will you be extradited or not? If not, how is it different to the Kim's case? Just cautious...

That's an excellent argument and yet to be answered in this thread.

Theo 03-21-2014 02:39 AM

Quote:

Originally Posted by NewNick (Post 20022726)
Well if this is something that concerns you perhaps you should block IPs from those countries.

Or are you concerned that your bottom line would be affected when you lose all the sales from Iran and Saudi.

:thumbsup

Add United Kingdom to this list. This issue is not limited to Iran and the Emirates.

just a punk 03-21-2014 02:44 AM

Just a one single link for everybody to think at: http://www.techweekeurope.co.uk/news...software-55430 :2 cents:

Theo 03-21-2014 02:49 AM

There's a similar story in Japan when few years ago 2 developers wrote the code for a completely anonymous p2p software. They were sentenced to death. Thats in Japan, not China.

just a punk 03-21-2014 02:56 AM

Sorry for the off-topic but is p2p software forbidden in Japan or there was something else they did?

Theo 03-21-2014 03:16 AM

If I recall well it was the "anonymous" element that created the problem.


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