Tag Archives: MegaUpload

Iconic Megaupload.com Domain Has a New Owner

Post Syndicated from Ernesto original https://torrentfreak.com/iconic-megaupload-com-domain-has-a-new-owner-180509/

Following the 2012 raid on Megaupload and Kim Dotcom, U.S. and New Zealand authorities seized millions of dollars in cash and other property, located around the world.

Claiming the assets were obtained through copyright and money laundering crimes, the U.S. government launched separate civil cases in which it asked the court to forfeit a wide variety of seized possessions of the Megaupload defendants.

One of these cases was lost after the U.S. branded Dotcom and his colleagues as “fugitives”.The defense team appealed the ruling, but lost again, and a subsequent petition at the Supreme Court was denied.

As a result, Dotcom had to leave behind several bank accounts and servers, as well as all hope of getting some of his dearly treasured domain names back. This includes the most valuable domain of all, Megaupload.com.

The forfeiture was made final earlier this year but since then little was known about the fate of the domain names. This week, however, it became clear that the US Government didn’t plan to hold on to it, as Megaupload.com now has a new owner.

According to the latest Whois information, which was updated late last week, RegistrarAds Inc is now the official Megaupload.com owner. This previously was Megaupload Limited, under FBI control.

New owner

RegistrarAds is a company based in Vancouver, Washington, which specializes in buying domain names. While we could not find a corporate website, the web is littered with domain disputes and other references to domain name issues.

Michelin North America, for example, filed a complaint against RegistrarAds because it registered the michelin-group.com domain, witch success. Similarly, the California Milk Processor Board, most famous for its Got Milk? ads, won a WIPO domain dispute over gotpuremilk.com.

How RegistrarAds obtained the Megaupload domain name isn’t entirely clear. It wasn’t dropped by the registry, but it might be possible that it was scooped up in an auction. Theoretically, the US Government could have sold it too, but we see no evidence for that.

It’s also unknown what the company’s plans are for Megaupload.com. However, given the company’s track record it’s unlikely that it will do anything file-sharing related. The domain hasn’t updated its nameservers yet and remains unreachable at the time of writing.

TorrentFreak reached out to RegistrarAds, hoping to find out more, but we have yet to hear back.

Megaupload.com is not the only domain that changed owners recently. The same happened to Megaclick.com, which is now registered to Buydomains.com. Several of the other seized Megaupload domain names remain in possession of US authorities, for now.

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MPAA Chief Says Fighting Piracy Remains “Top Priority”

Post Syndicated from Andy original https://torrentfreak.com/mpaa-chief-says-fighting-piracy-remains-top-priority-180425/

After several high-profile years at the helm of the movie industry’s most powerful lobbying group, last year saw the departure of Chris Dodd from the role of Chairman and CEO at the MPAA.

The former Senator, who earned more than $3.5m a year championing the causes of the major Hollywood studios since 2011, was immediately replaced by another political heavyweight.

Charles Rivkin, who took up his new role September 5, 2017, previously served as Assistant Secretary of State for Economic and Business Affairs in the Obama administration. With an underperforming domestic box office year behind him fortunately overshadowed by massive successes globally, this week he spoke before US movie exhibitors for the first time at CinemaCon in Las Vegas.

“Globally, we hit a record high of $40.6 billion at the box office. Domestically, our $11.1 billion box office was slightly down from the 2016 record. But it exactly matched the previous high from 2015. And it was the second highest total in the past decade,” Rivkin said.

“But it exactly matched the previous high from 2015. And it was the second highest total in the past decade.”

Rivkin, who spent time as President and CEO of The Jim Henson Company, told those in attendance that he shares a deep passion for the movie industry and looks forward optimistically to the future, a future in which content is secured from those who intend on sharing it for free.

“Making sure our creative works are valued and protected is one of the most important things we can do to keep that industry heartbeat strong. At the Henson Company, and WildBrain, I learned just how much intellectual property affects everyone. Our entire business model depended on our ability to license Kermit the Frog, Miss Piggy, and the Muppets and distribute them across the globe,” Rivkin said.

“I understand, on a visceral level, how important copyright is to any creative business and in particular our country’s small and medium enterprises – which are the backbone of the American economy. As Chairman and CEO of the MPAA, I guarantee you that fighting piracy in all forms remains our top priority.”

That tackling piracy is high on the MPAA’s agenda won’t comes as a surprise but at least in terms of the numbers of headlines plastered over the media, high-profile anti-piracy action has been somewhat lacking in recent years.

With lawsuits against torrent sites seemingly a thing of the past and a faltering Megaupload case that will conclude who-knows-when, the MPAA has taken a broader view, seeking partnerships with sometimes rival content creators and distributors, each with a shared desire to curtail illicit media.

“One of the ways that we’re already doing that is through the Alliance for Creativity and Entertainment – or ACE as we call it,” Rivkin said.

“This is a coalition of 30 leading global content creators, including the MPAA’s six member studios as well as Netflix, and Amazon. We work together as a powerful team to ensure our stories are seen as they were intended to be, and that their creators are rewarded for their hard work.”

Announced in June 2017, ACE has become a united anti-piracy powerhouse for a huge range of entertainment industry groups, encompassing the likes of CBS, HBO, BBC, Sky, Bell Canada, CBS, Hulu, Lionsgate, Foxtel and Village Roadshow, to name a few.

The coalition was announced by former MPAA Chief Chris Dodd and now, with serious financial input from all companies involved, appears to be picking its fights carefully, focusing on the growing problem of streaming piracy centered around misuse of Kodi and similar platforms.

From threatening relatively small-time producers and distributors of third-party addons and builds (1,2,3), ACE is also attempting to make its mark among the profiteers.

The group now has several lawsuits underway in the United States against people selling piracy-enabled IPTV boxes including Tickbox, Dragon Box, and during the last week, Set TV.

With these important cases pending, Rivkin offered assurances that his organization remains committed to anti-piracy enforcement and he thanked exhibitors for their efforts to prevent people quickly running away with copies of the latest releases.

“I am grateful to all of you for recognizing what is at stake, and for working with us to protect creativity, such as fighting the use of illegal camcorders in theaters,” he said.

“Protecting our creativity isn’t only a fundamental right. It’s an economic necessity, for us and all creative economies. Film and television are among the most valuable – and most impactful – exports we have.

Thus far at least, Rivkin has a noticeably less aggressive tone on piracy than his predecessor Chris Dodd but it’s unlikely that will be mistaken for weakness among pirates, nor should it. The MPAA isn’t known for going soft on pirates and it certainly won’t be changing course anytime soon.

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MPAA and RIAA Still Can’t Go After Megaupload

Post Syndicated from Ernesto original https://torrentfreak.com/mpaa-and-riaa-still-cant-go-after-megaupload-180414/

Well over six years have passed since Megaupload was shutdown, but there is still little progress in the criminal proceedings against its founders.

The United States wants New Zealand to extradite the men but have thus far failed to achieve that goal. Dotcom and his former colleagues are using all legal means to prevent this eventuality and a final conclusion has yet to be reached.

While all parties await the outcome, the criminal case in the United States remains pending. The same goes for the lawsuits filed by the MPAA and RIAA in 2014.

Since the civil cases may influence the criminal proceedings, Megaupload’s legal team previously managed to put these cases on hold, and last week another extension was granted.

Previous extensions didn’t always go this easy. Last year there were concerns that the long delays could result in the destruction of evidence, as some of Megaupload’s hard drives were starting to fail.

However, after the parties agreed on a solution to back-up and restore the files, this is no longer an issue.

“With the preservation order in place, and there being no other objection, Defendant Megaupload hereby moves the Court to enter the attached proposed order, continuing the stay in this case for an additional six months,” Megaupload’s legal team recently informed the court.

Without any objections from the MPAA and RIAA, U.S. District Court Judge Liam O’Grady swiftly granted Megaupload’s request to stay both lawsuits until October this year.

While the US Government hopes to have Dotcom in custody by that time, the entrepreneur has different plans. Following a win at the Human Rights Tribunal in New Zealand, he hopes to put the criminal case behind him soon.

If that indeed happens, the MPAA and RIAA might have their turn.

The latest stay order

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Dotcom Wins Privacy Breach Case Against New Zealand Government

Post Syndicated from Ernesto original https://torrentfreak.com/dotcom-wins-privacy-breach-case-against-new-zealand-government-180326/

Following the Megaupload shutdown and the raid on Kim Dotcom’s mansion, many hours have been spent on the case in courts around the world.

While Dotcom and several of his former colleagues were targeted for alleged copyright crimes, thus far the major battles have been focused on other legal aspects of the case.

In a complaint filed at the Human Rights Tribunal, Dotcom accused the New Zealand Government of improperly withholding information. In 2015 Dotcom asked 28 ministers and several government departments to disclose information they held on him, without result.

The requests were labeled as “urgent” due to Dotcom’s pending legal case, but then-Attorney General Chris Finlayson denied them as being vexatious and without sufficient grounds.

Today the Human Rights Tribunal ruled that, by denying the requests, “…the Crown to be in clear breach of its obligations under the Privacy Act,” awarding the Megaupload founder $90,000 in damages for “loss of dignity or injury to feelings.”

While the financial windfall must be welcome, Dotcom also sees this ruling as a big victory in the grander scheme of things. According to the New Zealand entrepreneur, it means that the U.S. extradition bid is dead in the water.

“What does the Human Rights Tribunal Judgement mean for my Extradition case? It is OVER!” Dotcom just tweeted

“By unlawfully withholding information that could have helped my case the former Attorney General of New Zealand has perverted the course of Justice,” he adds.

It’s over…?

In addition to awarding damages, the ruling also requires the ministers and Government to comply with the original requests, as Newshub writes.

The Tribunal’s decision is a clear win for Dotcom. While it doesn’t automatically end the extradition case, going forward it certainly doesn’t hurt the position of Megaupload’s founder.

Who it could hurt, according to Dotcom, is New Zealand’s Privacy Commissioner John Edwards.

“I call for the immediate resignation of the Privacy Commissioner of New Zealand for his complicity with the former Attorney General and Crown Law in unlawfully withholding information that New Zealanders were legally entitled to,” Dotcom tweets.

The Privacy Commissioner retweeted Dotcom’s request without commenting on it, which elicited another blow from Dotcom.

“I appreciate the acknowledgment. The Human Rights Tribunal judgment makes you look utterly incompetent at best or co-conspiratorial at worst. Which is it? Either way, you’re done,” Dotcom added.

A copy of the Human Rights Tribunal ruling is available here (pdf).

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Dotcom’s Bid to Compel Obama to Give Evidence Rejected By High Court

Post Syndicated from Andy original https://torrentfreak.com/dotcoms-bid-to-compel-obama-to-give-evidence-rejected-by-high-court-180321/

With former US president Barack Obama in New Zealand until Friday, the visit provided a golden opportunity for Kim Dotcom to pile on yet more pressure over the strained prosecution of both him and his defunct cloud storage site, Megaupload.

In a statement issued yesterday, Dotcom reiterated his claims that attempts to have him extradited to the United States have no basis in law, chiefly due to the fact that the online dissemination of copyright-protected works by Megaupload’s users is not an extradition offense in New Zealand.

Mainly, however, Dotcom shone yet more light on what he perceives to be the dark politics behind the case, arguing that the Obama administration was under pressure from Hollywood to do something about copyright enforcement or risk losing funding. He says they pulled out all the stops and trampled his rights to prevent that from happening.

In a lengthy affidavit, filed this week to coincide with Obama’s visit, Dotcom called on the High Court to compel the former president to give evidence in the entrepreneur’s retaliatory multi-billion dollar damages claim against the Kiwi government.

This morning, however, Chief High Court Judge, Justice Geoffrey Venning, quickly shut that effort down.

With Obama enjoying a round of golf alongside former Prime Minister and Dotcom nemesis John Key, Justice Venning declined the request to compel Obama to give evidence, whether in New Zealand during the current visit or via letter of request to judicial authorities in the United States.

In his decision, Justice Venning notes that Dotcom’s applications were filed late on March 19 and the matter was only handed to him yesterday. As a result, he convened a telephone conference this morning to “deal with the application as a matter of urgency.”

Dotcom’s legal team argued that in the absence of a Court order it’s unlikely that Obama would give evidence. Equally, given that no date has yet been set for Dotcom’s damages hearing, it will “not be practicable” to serve Obama at a later point in the United States.

Furthermore, absent an order compelling his attendance, Obama would be unlikely to be called as a witness, despite him being the most competent potential witness currently present in New Zealand.

Dotcom counsel Ron Mansfield accepted that there would be practical limitations on what could be achieved between March 21 and March 23 while Obama is in New Zealand. However, he asked that an order be granted so that it could be served while Obama is in the country, even if the examination took place at a later date.

The Judge wasn’t convinced.

“Despite Mr Mansfield’s concession, I consider the application is still premature. The current civil proceedings were only filed on 22 December 2017. The defendants have applied for an order deferring the filing of a statement of defense pending the determination of the hearing of two appeals currently before the Court of Appeal. That application is yet to be determined,” Justice Venning’s decision reads.

The Judge also questions whether evidence Obama could give would be relevant.

He notes that Dotcom’s evidence is based on the fact that Hollywood was a major benefactor of the Democratic Party in the United States and that, in his opinion, the action against Megaupload and him “met the United States’ need to appease the Hollywood lobby” and “that the United States and New Zealand’s interests were perfectly aligned.”

However, Dotcom’s transcripts of his conversations with a lobbyist, which appeared to indicate Obama’s dissatisfaction with the Megaupload prosecution, are dismissed as “hearsay evidence”. Documentation of a private lunch with Obama and the head of the MPAA is also played down.

“Mr Dotcom’s opinion that Mr Obama’s evidence will be relevant to the present claims appears at best speculative,” the Judge notes.

But even if the evidence had been stronger, Justice Venning says that Obama would need to be given time to prepare for an examination, given that it would relate to matters that occurred several years ago.

“He would need to review relevant documents and materials from the time in preparation for any examination. That confirms the current application is premature,” the Judge writes.

In support, it is noted that Dotcom knew as early as February 21 that Obama’s visit would be taking place this week, yet his application was filed just days ago.

With that, the Judge dismissed the application, allowing Obama to play golf in peace. Well, relative peace at least. Dotcom isn’t done yet.

“I am disappointed of course because I believe my affidavit contains compelling evidence of the link between the Obama administration, Hollywood, and my extradition proceeding. However, after seven years of this, I am used to fighting to get to the truth and will keep fighting. Next round!” Dotcom said in response.

“The judgment is no surprise and we’ll get the opportunity to question Obama sooner or later,” he added.

As a further indication of the international nature of Dotcom’s case, the Megaupload founder also reminded people of his former connections to Hong Kong, noting that people in power there are keeping an eye on his case.

“The Chinese Government is watching my case with interest. Expect some bold action in the Hong Kong Courts soon. Never again shall an accusation from the US DOJ be enough to destroy a Hong Kong business. That lesson will soon be learned,” he said.

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Dotcom Affidavit Calls For Obama to Give Evidence in Megaupload Case

Post Syndicated from Andy original https://torrentfreak.com/dotcom-affidavit-calls-for-obama-to-give-evidence-in-megaupload-case-180320/

For more than six years since the raid on Megaupload, founder Kim Dotcom has insisted that the case against him, his co-defendants, and his company, was politically motivated.

The serial entrepreneur states unequivocally that former president Barack Obama’s close ties to Hollywood were the driving force.

Later today, Obama will touch down for a visit to New Zealand. In what appears to be a tightly managed affair, with heavy restrictions placed on the media and publicity, it seems clear that Obama wants to maintain control over his social and business engagements in the country.

But of course, New Zealand is home to Kim Dotcom and as someone who feels wronged by the actions of the former administration, he is determined to use this opportunity to shine more light on Obama’s role in the downfall of his company.

In a statement this morning, Dotcom reiterated his claims that attempts to have him extradited to the United States have no basis in law, chiefly due to the fact that the online dissemination of copyright-protected works by Megaupload’s users is not an extradition offense in New Zealand.

But Dotcom also attacks the politics behind his case, arguing that the Obama administration was under pressure from Hollywood to do something about copyright enforcement or risk losing financial support.

In connection with his case, Dotcom is currently suing the New Zealand government for billions of dollars so while Obama is in town, Dotcom is demanding that the former president gives evidence.

Dotcom’s case is laid out in a highly-detailed sworn affidavit dated March 19, 2018. The Megaupload founder explains that Hollywood has historically been a major benefactor of the Democrats so when seeking re-election for a further term, the Democrats were under pressure from the movie companies to make an example of Megaupload and Dotcom.

Dotcom notes that while he was based in Hong Kong, extradition to the US would be challenging. So, with Dotcom seeking residence in New Zealand, a plot was hatched to allow him into the country, despite the New Zealand government knowing that a criminal prosecution lay in wait for him. Dotcom says that by doing a favor for Hollywood, it could mean that New Zealand became a favored destination for US filmmakers.

“The interests of the United States and New Zealand were therefore perfectly aligned. I provided the perfect opportunity for New Zealand to facilitate the United States’ show of force on copyright enforcement,” Dotcom writes.

Citing documents obtained from Open Secrets, Dotcom shows how the Democrats took an 81% share of more than $46m donated to political parties in the US during the 2008 election cycle. In the 2010 cycle, 76% of more than $24m went to the Democrats and in 2012, they scooped up 78% of more than $56m.

Dotcom then recalls the attempts at passing the Stop Online Piracy Act (SOPA), which would have shifted the enforcement of copyright onto ISPs, assisting Hollywood greatly. Ultimately, Congressional support for the proposed legislation was withdrawn and Dotcom recalls this was followed by a public threat from the MPAA to withdraw campaign contributions on which the Democrats were especially reliant.

“The message to the White House was plain: do not expect funding if you do not advance the MPAA’s legislative agenda. On 20 January 2012, the day after this statement, I was arrested,” Dotcom notes.

Describing Megaupload as a highly profitable and innovative platform that highlighted copyright owners’ failure to keep up with the way in which content is now consumed, Dotcom says it made the perfect target for the Democrats.

Convinced the party was at the root of his prosecution, he utilized his connections in Hong Kong to contact Thomas Hart, a lawyer and lobbyist in Washington, D.C. with strong connections to the Democrats and the White House.

Dotcom said a telephone call between him and Mr Hart revealed that then Vice President Joe Biden was at the center of Dotcom’s prosecution but that Obama was dissatisfied with the way things had been handled.

“Biden did admit to have… you know, kind of started it, you know, along with support from others but it was Biden’s decision…,” Hart allegedly said.

“What he [President Obama] expressed to me was a growing concern about the matter. He indicated an awareness of that it had not gone well, that it was more complicated than he thought, that he will turn his attention to it more prominently after November.”

Dotcom says that Obama was “questioning the whole thing,” a suggestion that he may not have been fully committed to the continuing prosecution.

The affidavit then lists a whole series of meetings in 2011, documented in the White House visitor logs. They include meetings with then United States Attorney Neil McBride, various representatives from Hollywood, MPAA chief Chris Dodd, Mike Ellis of the MPA (who was based in Hong Kong and had met with New Zealand’s then Minister of Justice, Simon Power) and the Obama administration.

In summary, Dotcom suggests there was a highly organized scheme against him, hatched between Hollywood and the Obama administration, that had the provision of funds to win re-election at its heart.

From there, an intertwined agreement was reached at the highest levels of both the US and New Zealand governments where the former would benefit through tax concessions to Hollywood (and a sweetening of relations between the countries) and the latter would benefit financially through investment.

All New Zealand had to do was let Dotcom in for a while and then hand him over to the United States for prosecution. And New Zealand definitely knew that Dotcom was wanted by the US. Emails obtained by Dotcom concerning his residency application show that clearly.

“Kim DOTCOM is not of security concern but is likely to soon become the subject of a joint FBI / NZ Police criminal investigation. We have passed this over to NZ Police,” one of the emails reads. Another, well over a year before the raid, also shows the level of knowledge.

Bad but wealthy, so we have plans for him…

With “political pressure” to grant Dotcom’s application in place, Immigration New Zealand finally gave the Megaupload founder the thumbs-up on November 1, 2010. Dotcom believes that New Zealand was concerned he may have walked away from his application.

“This would have been of grave concern to the Government, which, at that time, was in negotiations with Hollywood lobby,” his affidavit reads.

“The last thing they would have needed at that delicate stage of the negotiations was for me to walk away from New Zealand and return to Hong Kong, where extradition would be more difficult. I believe that this concern is what prompted the ‘political pressure’ that led to my application finally being granted despite the presence of factors that would have caused anyone else’s application to have been rejected.”

Dotcom says that after being granted residency, there were signs things weren’t going to plan for him. The entrepreneur applied to buy his now-famous former mansion for NZ$37m, an application that was initially approved. However, after being passed to Simon Power, the application was denied.

“It would appear that, although my character was apparently good enough for me to be granted residence in November 2010, in July 2011 it was not considered good enough for me to buy property in New Zealand,” Dotcom notes.

“The Honourable Mr Power clearly did not want me purchasing $37 million of real estate, presumably because he knew that the United States was going to seek forfeiture of my assets and he did not want what was then the most expensive property in New Zealand being forfeited to the United States government.”

Of course, Dotcom concludes by highlighting the unlawful spying by New Zealand’s GCSB spy agency and the disproportionate use of force displayed by the police when they raided him in 2010 using dozens of armed officers. This, combined with all of the above, means that questions about his case must now be answered at the highest levels. With Obama in town, there’s no time like the present.

“As the evidence above demonstrates, this improper purpose which was then embraced by the New Zealand authorities, originated in the White House under the Obama administration. It is therefore necessary to examine Mr Obama in this proceeding,” Dotcom concludes.

Press blackouts aside, it appears that Obama has rather a lot of golf lined up for the coming days. Whether he’ll have any time to answer Dotcom’s questions is one thing but whether he’ll even be asked to is perhaps the most important point of all.

The full affidavit and masses of supporting evidence can be found here.

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Pirate Site Admins Receive Suspended Sentences, Still Face €60m Damages Claim

Post Syndicated from Andy original https://torrentfreak.com/pirate-site-admins-receive-suspended-sentences-still-face-e60m-damages-claim-180313/

After being founded in 2009, French site Liberty Land (LL) made its home in Canada. At the time listed among France’s top 200 sites, Liberty Land carried an estimated 30,000 links to a broad range of unlicensed content.

Like many other indexes of its type, LL carried no content itself but hosted links to content hosted elsewhere, on sites like Megaupload and Rapidshare, for example. This didn’t save the operation from an investigation carried out by rightsholder groups SACEM and ALPA, which filed a complaint against Liberty Land with the French authorities in 2010.

Liberty Land

In May 2011 and alongside complaints from police that the people behind Liberty Land had taken extreme measures to hide themselves away, authorities arrested several men linked to the site in Marseille, near Le Havre, and in the Paris suburb of Montreuil.

Despite the men facing a possible five years in jail and fines of up to $700,000, the inquiry dragged on for nearly seven years. The trial of its alleged operators, now aged between 29 and 36-years-old, finally went ahead January 30 in Rennes.

The men faced charges that they unlawfully helped to distribute movies, TV series, games, software, music albums and e-books without permission from rightsholders. In court, one defended the site as being just like Google.

“For me, we had the same role as Google,” he said. “We were an SEO site. There is a difference between what we were doing and the distribution of pirated copies on the street.”

According to the prosecution, the site made considerable revenues from advertising, estimated at more than 300,000 euros between January 2009 and May 2011. The site’s two main administrators reportedly established an offshore company in the British Virgin Islands and a bank account in Latvia where they deposited between 100,000 and 150,000 euros each.

The prosecutor demanded fines for the former site admins and sentences of between six and 12 months in prison. Last week the Rennes Criminal Court rendered its decision, sentencing the four men to suspended sentences of between two and three months. More than 176,000 euros generated by the site was also confiscated by the Court.

While the men will no doubt be relieved that this extremely long case has reached a conclusion of sorts, it’s not over yet. 20minutes reports that the claims for damages filed by copyright groups including SACEM won’t be decided until September and they are significant, totaling 60 million euros.

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Dotcom: Obama Admitted “Mistakes Were Made” in Megaupload Case

Post Syndicated from Andy original https://torrentfreak.com/dotcom-obama-admitted-mistakes-were-made-in-megaupload-case-180301/

When Megaupload was forcefully shut down in 2012, it initially appeared like ‘just’ another wave of copyright enforcement action by US authorities.

When additional details began to filter through, the reality of what had happened was nothing short of extraordinary.

Not only were large numbers of Megaupload servers and millions of dollars seized, but Kim Dotcom’s home in New Zealand was subjected to a military-style raid comprised of helicopters and dozens of heavily armed special tactics police. The whole thing was monitored live by the FBI.

Few people who watched the events of that now-infamous January day unfold came to the conclusion this was a routine copyright-infringement case. According to Kim Dotcom, whose life had just been turned upside down, something of this scale must’ve filtered down from the very top of the US government. It was hard to disagree.

At the time, Dotcom told TorrentFreak that then-Vice President Joe Biden directed attorney Neil MacBride to target the cloud storage site and ever since the Megaupload founder has leveled increasingly serious allegations at officials of the former government of Barack Obama.

For example, Dotcom says that since the US would have difficulty gaining access to him in his former home of Hong Kong, the government of New Zealand was persuaded to welcome him in, knowing they would eventually turn him over to the United States. More recently he’s been turning up the pressure again, such as a tweet on February 20th which cast more light on that process.

“Joe Biden had a White House meeting with an ‘extradition expert’ who worked for Hong Kong police and a handful of Hollywood executives to discuss my case. A week prior to this meeting Neil MacBride hand-delivered his action plan to Biden’s chief of staff, also at the White House,” Dotcom wrote.

But this claim is just the tip of an extremely large iceberg that’s involved illegal spying on Dotcom in New Zealand and a dizzying array of legal battles that are set to go on for years to come. But perhaps of most interest now is that rather than wilting away under the pressure, Dotcom appears to be just warming up.

A few hours ago Dotcom commented on an article published in The Hill which revealed that Barack Obama will visit New Zealand in March, possibly to celebrate the opening of Air New Zealand’s new route to the U.S.

Rather than expressing disappointment, the Megaupload founder seemed pleased that the former president would be touching down next month.

“Great. I’ll have a Court subpoena waiting for him in New Zealand,” Dotcom wrote.

But that was just a mere hors d’oeuvre, with the main course was yet to come. But come it did.

“A wealthy Asian Megaupload shareholder hired a friend of the Obamas to enquire about our case. This person was recommended by a member of the Chinese politburo ‘if you want to get to Obama directly’. We did,” Dotcom revealed.

Dotcom says he’ll release a transcript detailing what Obama told his friend on March 21 when Obama arrives in town but in the meantime, he offered another little taster.

“Mistakes were made. It hasn’t gone well,” Obama reportedly told the person reporting back to Megaupload. “It’s a problem. I’ll see to it after the election.”

Of course, Obama’s position after the election was much different to what had gone before, but that didn’t stop Dotcom’s associates infiltrating the process aimed at keeping the Democrats in power.

“Our friendly Obama contact smuggled an @EFF lawyer into a re-election fundraiser hosted by former Vice President Joe Biden,” he revealed.

“When Biden was asked about the Megaupload case he bragged that it was his case and that he ‘took care of it’,” which is what Dotcom has been claiming all along.

On March 21, when Obama lands in New Zealand, Dotcom says he’ll be waiting.

“I’m looking forward to @BarackObama providing some insight into the political dimension of the Megaupload case when he arrives in the New Zealand jurisdiction,” he teased.

Better get the popcorn ready….

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Kim Dotcom Begins New Fight to Avoid Extradition to United States

Post Syndicated from Andy original https://torrentfreak.com/kim-dotcom-begins-new-fight-to-avoid-extradition-to-united-states-180212/

More than six years ago in January 2012, file-hosting site Megaupload was shut down by the United States government and founder Kim Dotcom and his associates were arrested in New Zealand.

What followed was an epic legal battle to extradite Dotcom, Mathias Ortmann, Finn Batato, and Bram van der Kolk to the United States to face several counts including copyright infringement, racketeering, and money laundering. Dotcom has battled the US government every inch of the way.

The most significant matters include the validity of the search warrants used to raid Dotcom’s Coatesville home on January 20, 2012. Despite a prolonged trip through the legal system, in 2014 the Supreme Court dismissed Dotcom’s appeals that the search warrants weren’t valid.

In 2015, the District Court later ruled that Dotcom and his associates are eligible for extradition. A subsequent appeal to the High Court failed when in February 2017 – and despite a finding that communicating copyright-protected works to the public is not a criminal offense in New Zealand – a judge also ruled in favor.

Of course, Dotcom and his associates immediately filed appeals and today in the Court of Appeal in Wellington, their hearing got underway.

Lawyer Grant Illingworth, representing Van der Kolk and Ortmann, told the Court that the case had “gone off the rails” during the initial 10-week extradition hearing in 2015, arguing that the case had merited “meaningful” consideration by a judge, something which failed to happen.

“It all went wrong. It went absolutely, totally wrong,” Mr. Illingworth said. “We were not heard.”

As expected, Illingworth underlined the belief that under New Zealand law, a person may only be extradited for an offense that could be tried in a criminal court locally. His clients’ cases do not meet that standard, the lawyer argued.

Turning back the clocks more than six years, Illingworth again raised the thorny issue of the warrants used to authorize the raids on the Megaupload defendants.

It had previously been established that New Zealand’s GCSB intelligence service had illegally spied on Dotcom and his associates in the lead up to their arrests. However, that fact was not disclosed to the District Court judge who authorized the raids.

“We say that there was misleading conduct at this stage because there was no reference to the fact that information had been gathered illegally by the GCSB,” he said.

But according to Justice Forrest Miller, even if this defense argument holds up the High Court had already found there was a prima facie case to answer “with bells on”.

“The difficulty that you face here ultimately is whether the judicial process that has been followed in both of the courts below was meaningful, to use the Canadian standard,” Justice Miller said.

“You’re going to have to persuade us that what Justice Gilbert [in the High Court] ended up with, even assuming your interpretation of the legislation is correct, was wrong.”

Although the US seeks to extradite Dotcom and his associates on 13 charges, including racketeering, copyright infringement, money laundering and wire fraud, the Court of Appeal previously confirmed that extradition could be granted based on just some of the charges.

The stakes couldn’t be much higher. The FBI says that the “Megaupload Conspiracy” earned the quartet $175m and if extradited to the US, they could face decades in jail.

While Dotcom was not in court today, he has been active on Twitter.

“The court process went ‘off the rails’ when the only copyright expert Judge in NZ was >removed< from my case and replaced by a non-tech Judge who asked if Mega was ‘cow storage’. He then simply copy/pasted 85% of the US submissions into his judgment," Dotcom wrote.

Dotcom also appeared to question the suitability of judges at both the High Court and Court of Appeal for the task in hand.

“Justice Miller and Justice Gilbert (he wrote that High Court judgment) were business partners at the law firm Chapman Tripp which represents the Hollywood Studios in my case. Both Judges are now at the Court of Appeal. Gilbert was promoted shortly after ruling against me,” Dotcom added.

Dotcom is currently suing the New Zealand government for billions of dollars in damages over the warrant which triggered his arrest and the demise of Megaupload.

The hearing is expected to last up to two-and-a-half weeks.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

Kim Dotcom Sues Government for ‘Billions’ Over Erroneous Arrest

Post Syndicated from Ernesto original https://torrentfreak.com/kim-dotcom-sues-government-for-billions-over-erroneous-arrest-180121/

Six years ago, New Zealand police carried out a spectacular military-style raid against individuals accused only of copyright infringement.

Acting on allegations from the United States government and its Hollywood partners, New Zealand’s elite counter-terrorist force raided the mansion of Kim Dotcom, who was detained along with his wife and children.

Megaupload’s founder has always maintained that his arrest was unlawful under New Zealand law, and he is determined to hold the authorities accountable.

In addition to getting married and celebrating his birthday this weekend, the German born entrepreneur announced that he is seeking damages from the New Zealand Government.

“Today, 6 years ago, the NZ Govt enabled the unlawful destruction of Megaupload and seizure of my global assets,” Dotcom wrote on Twitter.

“I was arrested for the alleged online piracy of my users. Not even a crime in NZ. My lawyers have served a multi billion dollar damages claim against the Govt today,” he added.

Dotcom’s lawyer Ira Rothken informs TorrentFreak that a damages claim was filed at the New Zealand High Court last December.

“We confirm that our legal team filed a Statement of Claim in the New Zealand High Court for monetary damages on December 22, 2017 on behalf of Kim Dotcom against the United States and NZ governmental entities alleging that defendants pursued with malice and material non disclosure an erroneous arrest warrant,” Rothken says.

In the claim, Dotcom’s legal team argues that the arrest warrant was invalid. They say that there were no reasonable grounds on which the District Court could conclude that Dotcom’s alleged crimes were an extraditable offense.

The consequences, however, were rather severe. Dotcom lost his freedom and also his company, which was worth billions and preparing for an IPO, according to the legal paperwork.

“At the time the Restraint Orders were granted, second plaintiff was preparing to list on the Stock Exchange of Hong Kong at a conservative valuation of not less than US$2.6 billion,” the claim reads.

This valuation is based on a valuation of $40 for each of the 66 million users Megaupload had, which generated $45 million in profits per year. If Megaupload had not have been raided, today’s value could be as high as $10 billion.

Mega value

Dotcom has a 68 percent stake in the Megaupload companies and seeks damages that will compensate for lost profits. In addition, he requests compensation for legal costs, lost business opportunities, loss of reputation, and other losses.

The exact scale of the damages isn’t specified and will have to be determined at a later stage, before trial.

The claim doesn’t come as a surprise to the New Zealand Government, Prime Minister Jacinda Ardern said in a brief response.

“This has obviously been an ongoing matter, so no it doesn’t surprise me,” she commented.

A copy of the full claim is available here (pdf).

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Kim Dotcom Loses Megaupload Domain Names, Gets “Destroyed” Gaming Chair Back

Post Syndicated from Ernesto original https://torrentfreak.com/kim-dotcom-loses-megaupload-domain-names-gets-destroyed-gaming-chair-back-180117/

Following the 2012 raid on Megaupload and Kim Dotcom, U.S. and New Zealand authorities seized millions of dollars in cash and other property, located around the world.

Claiming the assets were obtained through copyright and money laundering crimes, the U.S. government launched separate civil cases in which it asked the court to forfeit bank accounts, servers, domain names, and other seized possessions of the Megaupload defendants.

One of these cases was lost after the U.S. branded Dotcom and his colleagues as “fugitives”.The defense team appealed the ruling, but lost again, and a subsequent petition at the Supreme Court was denied.

Following this lost battle, the U.S. also moved to conclude a separate civil forfeiture case, which was still pending at a federal court in Virginia.

The assets listed in this case are several bank accounts, including several at PayPal, as well as 60 servers Megaupload bought at Leaseweb. What has the most symbolic value, however, are the domain names that were seized, including Megaupload.com, Megaporn.com and Megavideo.com.

Mega’s domains

This week a U.S. federal court decided that all claims of Kim Dotcom, his former colleague Mathias Ortman, and several Megaupload-related companies should be stricken. A default was entered against them on Tuesday.

The same fugitive disentitlement argument was used in this case. This essentially means that someone who’s considered to be a fugitive from justice is not allowed to get relief from the judicial system he or she evades.

“Claimants Kim Dotcom and Mathias Ortmann have deliberately avoided prosecution by declining to enter or reenter the United States,” Judge Liam O’Grady writes in his order to strike the claims.

“Because Claimant Kim Dotcom, who is himself a fugitive under Section 2466, is the Corporate Claimants’ controlling shareholder and, in particular, because he signed the claims on behalf of the corporations, a presumption of disentitlement applies to the corporations as well.”

As a result, the domain names which once served 50 million users per day, are now lost to the US Government. The court records list 18 domains in total, which were registered through Godaddy, DotRegistrar, and Fabulous.

Given the legal history, the domains and other assets are likely lost for good. However, Megaupload defense lawyer Ira Rothken is not giving up yet.

“We are still evaluating the legal options in a climate where Kim Dotcom is being labeled a fugitive in a US criminal copyright case even though he has never been to the US, is merely asserting his US-NZ extradition treaty rights, and the NZ High Court has ruled that he and his co-defendants did not commit criminal copyright infringement under NZ law,” Rothken tells TorrentFreak.

There might be a possibility that assets located outside the US could be saved. Foreign courts are more open to defense arguments, it seems, as a Hong Kong court previously ordered the US to return several assets belonging to Kim Dotcom.

The Hong Kong case also brought some good news this week. At least, something that was supposed to be positive. On Twitter, Dotcom writes that two containers with seized assets were returned, but in a “rotten and destroyed” state.

“A shipment of 2 large containers just arrived in New Zealand. This is how all my stuff looks now. Rotten & destroyed. Photo: My favorite gaming chair,” Dotcom wrote.

According to Dotcom, the US Government asked him to pay for ‘climate controlled’ storage for more than half a decade to protect the seized goods. However, judging from the look of the chair and the state of some other belongings, something clearly went wrong.

Rotten & destroyed

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No Level of Copyright Enforcement Will Ever Be Enough For Big Media

Post Syndicated from Andy original https://torrentfreak.com/no-level-of-copyright-enforcement-will-ever-be-enough-for-big-media-180107/

For more than ten years TorrentFreak has documented a continuous stream of piracy battles so it’s natural that, every now and then, we pause to consider when this war might stop. The answer is always “no time soon” and certainly not in 2018.

When swapping files over the Internet first began it wasn’t a particularly widespread activity. A reasonable amount of content was available, but it was relatively inaccessible. Then peer-to-peer came along and it sparked a revolution.

From the beginning, copyright holders felt that the law would answer their problems, whether that was by suing Napster, Kazaa, or even end users. Some industry players genuinely believed this strategy was just a few steps away from achieving its goals. Just a little bit more pressure and all would be under control.

Then, when the landmark MGM Studios v. Grokster decision was handed down in the studios’ favor during 2005, the excitement online was palpable. As copyright holders rejoiced in this body blow for the pirating masses, file-sharing communities literally shook under the weight of the ruling. For a day, maybe two.

For the majority of file-sharers, the ruling meant absolutely nothing. So what if some company could be held responsible for other people’s infringements? Another will come along, outside of the US if need be, people said. They were right not to be concerned – that’s exactly what happened.

Ever since, this cycle has continued. Eager to stem the tide of content being shared without their permission, rightsholders have advocated stronger anti-piracy enforcement and lobbied for more restrictive interpretations of copyright law. Thus far, however, literally nothing has provided a solution.

One would have thought that given the military-style raid on Kim Dotcom’s Megaupload, a huge void would’ve appeared in the sharing landscape. Instead, the file-locker business took itself apart and reinvented itself in jurisdictions outside the United States. Meanwhile, the BitTorrent scene continued in the background, somewhat obliviously.

With the SOPA debacle still fresh in relatively recent memory, copyright holders are still doggedly pursuing their aims. Site-blocking is rampant, advertisers are being pressured into compliance, and ISPs like Cox Communications now find themselves responsible for the infringements of their users. But has any of this caused any fatal damage to the sharing landscape? Not really.

Instead, we’re seeing a rise in the use of streaming sites, each far more accessible to the newcomer than their predecessors and vastly more difficult for copyright holders to police.

Systems built into Kodi are transforming these platforms into a plug-and-play piracy playground, one in which sites skirt US law and users can consume both at will and in complete privacy. Meanwhile, commercial and unauthorized IPTV offerings are gathering momentum, even as rightsholders try to pull them back.

Faced with problems like these we are now seeing calls for even tougher legislation. While groups like the RIAA dream of filtering the Internet, over in the UK a 2017 consultation had copyright holders excited that end users could be criminalized for simply consuming infringing content, let alone distributing it.

While the introduction of both or either of these measures would cause uproar (and rightly so), history tells us that each would fail in its stated aim of stopping piracy. With that eventuality all but guaranteed, calls for even tougher legislation are being readied for later down the line.

In short, there is no law that can stop piracy and therefore no law that will stop the entertainment industries coming back for harsher measures, pursuing the dream. This much we’ve established from close to two decades of litigation and little to no progress.

But really, is anyone genuinely surprised that they’re still taking this route? Draconian efforts to maintain control over the distribution of content predate the file-sharing wars by a couple of hundred years, at the very least. Why would rightsholders stop now, when the prize is even more valuable?

No one wants a minefield of copyright law. No one wants a restricted Internet. No one wants extended liability for innovators, service providers, or the public. But this is what we’ll get if this problem isn’t solved soon. Something drastic needs to happen, but who will be brave enough to admit it, let alone do something about it?

During a discussion about piracy last year on the BBC, the interviewer challenged a caller who freely admitted to pirating sports content online. The caller’s response was clear:

For far too long, broadcasters and rightsholders have abused their monopoly position, charging ever-increasing amounts for popular content, even while making billions. Piracy is a natural response to that, and effectively a chance for the little guy to get back some control, he argued.

Exactly the same happened in the music market during the late 1990s and 2000s. In response to artificial restriction of the market and the unrealistic hiking of prices, people turned to peer-to-peer networks for their fix. Thanks to this pressure but after years of turmoil, services like Spotify emerged, converting millions of former pirates in the process. Netflix, it appears, is attempting to do the same thing with video.

When people feel that they aren’t getting ripped off and that they have no further use for sub-standard piracy services in the face of stunning legal alternatives, things will change. But be under no illusion, people won’t be bullied there.

If we end up with an Internet stifled in favor of rightsholders, one in which service providers are too scared to innovate, the next generation of consumers will never forget. This will be a major problem for two key reasons. Not only will consumers become enemies but piracy will still exist. We will have come full circle, fueled only by division and hatred.

It’s a natural response to reject monopolistic behavior and it’s a natural response, for most, to be fair when treated with fairness. Destroying freedom is far from fair and will not create a better future – for anyone.

Laws have their place, no sane person will argue against that, but when the entertainment industries are making billions yet still want more, they’ll have to decide whether this will go on forever with building resentment, or if making a bit less profit now makes more sense longer term.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

New Zealand Prepares Consultation to Modernize Copyright Laws

Post Syndicated from Andy original https://torrentfreak.com/new-zealand-prepares-consultation-to-modernize-copyright-laws-171218/

The Copyright Act 1994 is the key legislation governing New Zealand’s handling of intellectual property issues, covering protection, infringement, exceptions and enforcement. It last underwent a review more than a decade ago resulting in the Copyright (New Technologies) Amendment Act 2008.

Like much copyright law worldwide, New Zealand’s legislation has struggled to keep pace with technological change so, during the summer, the last government announced plans for a review with several key goals:

Assess the performance of the Copyright Act against the objectives of New Zealand’s copyright regime.

Identify barriers to achieving the objectives of New Zealand’s copyright regime, and the level of impact that these barriers have.

Formulate a preferred approach to addressing these issues – including amendments to the Copyright Act, and the commissioning of further work on any other regulatory or non-regulatory options that are identified.

The former government planned to initiate a public consultation in the second quarter of 2018, with a review being informed by the responses. According to an announcement Friday, the new government plans to go ahead with the overhaul, beginning in April as previously envisioned.

Many of the hot topics in the United States, Europe and closer to home in Australia are expected to come to the forefront, including site-blocking, service provider safe harbor provisions, and the thorny issue of fair use.

Speaking with RadioNZ, New Zealand Screen Association managing director Matthew Cheetham says that new legislation is required to keep pace with a rapidly moving landscape.

“In New Zealand, piracy is almost an accepted thing, because no one’s really doing anything about it, because no one actually can do anything about it,” Cheetham says.

“As new technologies have evolved, the law has struggled to keep pace with those new technologies and to make sure that the law is fit for purpose in the digital age.”

As the local representative for several Hollywood studios, it’s no surprise that NZSA will be seeking amendments that will force ISPs to block access to popular pirate sites, as they do already in the UK, Europe, and Australia.

“If the site is infringing [a court] can order internet service providers to block access to that site. Forty-two countries around the world have recognised that blocking access when it’s carefully defined is a perfectly legitimate avenue for rights holders to protect their rights,” Cheetham notes.

While there hasn’t been a major copyright overhaul in more than a decade, New Zealand is no stranger to prolonged exercises to try and stop piracy.

The country spent huge amounts of time and money late last decade in order to come up with the Copyright (Infringing File Sharing) Amendment Act 2011. It laid out a system under which pirates received escalating warnings culminating in eventual disconnection from the Internet. But, with escalating costs (between NZ$20 and NZ$25 per notice), the scheme was ultimately an expensive flop.

“We have an entire regime that allows copyright holders to seek and send notices to users that are committing piracy and actually have a process in a court-based system that allows remedies to be pursued,” Internet New Zealand deputy chief executive Andrew Cushen told RadioNZ.

“None of them are using it. Why would we now look at a wholly different solution that none of them are going to use as well?”

As someone who has been acutely affected by New Zealand’s approach to intellectual property rights enforcement, Kim Dotcom certainly has an interest in the development of local copyright law. The Megaupload founder was arrested in 2012 for alleged copyright offenses that he insists aren’t even a crime in New Zealand. So what advice does he have for the review?

According to the entrepreneur, the NZ Copyright Act is “mostly good”, noting that it protects both ISPs and consumers. Given the chance, however, he would remind judges about the purpose of the act.

“The NZ Copyright Act is a code. The Copyright Act creates a special property right. No other act applies to this special property right, including the crimes act,” Dotcom informs TF.

“This might be a helpful yardstick for Judges who don’t understand the Copyright Act and attempt to create new and unintended law from the bench. Just like in my case.”

Only time will tell how the public consultation will play out but it seems likely that tackling the “Value Gap” situation will be high up the agenda, especially if that can be achieved by eroding Internet companies’ safe harbors under copyright law. Expect that to receive significant push-back from the technology sector.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

Kim Dotcom’s Extradition Battle Suffers High Court Setback

Post Syndicated from Andy original https://torrentfreak.com/kim-dotcoms-extradition-battle-suffers-high-court-setback-171215/

In 2012, file-hosting site Megaupload was shut down by the United States government and founder Kim Dotcom and his associates were arrested in New Zealand.

Ever since, the US government has sought to extradite Dotcom on several counts including copyright infringement, racketeering, and money laundering. Dotcom has fought them every single step of the way.

One of the key areas of conflict has been the validity of the search warrants used to raid his Coatesville home on January 20, 2012. The fight has been meticulous and lengthy but in 2014, following appeals to lower courts, the Supreme Court finally dismissed Dotcom’s appeals that the search warrants weren’t valid.

Following a three-month hearing, the District Court later found that Dotcom was eligible for extradition. Dotcom appealed again but in February 2017 the High Court ruled that the entrepreneur could indeed be transferred to the United States.

Dotcom subsequently appealed the High Court decision to the Court of Appeal, a hearing that will go ahead in February 2018. Last summer, the Megaupload founder also “attacked the underpinnings of the extradition process” by filing an eight-point statement of claim for judicial review. This morning the High Court handed down its decision and it looks like bad news for Dotcom

The causes of action presented by the Megaupload founder were varied but began by targeting the validity of the arrest warrants used in January 2012 and by extension every subsequent process, including the extradition effort itself.

“Accordingly, the relief sought includes orders that the extradition proceeding be quashed or set aside and that Mr Dotcom be discharged,” the ruling reads.

However, the Court describes this argument as an abuse of process, noting that the Supreme Court has already upheld the validity of the search warrants and a High Court ruling confirmed the District Court’s finding that Dotcom is eligible for extradition, a process that will soon head to the Court of Appeal.

But Dotcom’s arguments continued, with attacks on the validity of search warrants and a request to quash them and return all property seized under their authority. Another point asserted that a US request to seize Dotcom’s assets in New Zealand was invalid because no extraditable offense had been committed.

Unfortunately for Dotcom, none of his detailed arguments gained traction with the Hight Court. In his decision, Justice Timothy Brewer sides with the US government which previously described the efforts as “collateral attacks on previous decisions of the Courts and an attempt to pre-empt Mr Dotcom’s appeal.”

The Judge eventually rejected seven out of the eight causes of action in a 22-page ruling (pdf) published this morning.

“I have granted the USA’s application to strike out causes of action 1 to 7 of the statement of claim for judicial review dated 21 July 2017. The proceeding is now ‘live’ only in relation to the eighth cause of action,” Justice Brewer writes.

“I direct that the proceeding be listed for mention in relation to the eighth cause of action in the duty list at 10:00 am on 7 February 2018.”

The eighth point, which wasn’t challenged by the US, concerns the “decision by the Deputy Solicitor-General in June 2017 to direct that clones be made of the electronic devices seized from Mr Dotcom’s homes and that they be sent to the USA.”

A few minutes ago, Dotcom took to Twitter with an apparent upbeat reference to the ruling.

Like all things Dotcom, the show won’t be over until every last stone has been unturned. Next stop, Court of Appeal in February.

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Kim Dotcom Wins Settlement Over Military-Style Police Raid

Post Syndicated from Andy original https://torrentfreak.com/kim-dotcom-wins-settlement-military-style-police-raid-171103/

It’s been spoken about thousands of times in the past half-decade but the 2012 raid on Kim Dotcom’s home in New Zealand was extraordinary by any standard.

At the behest of the US Government, 72 police officers – including some from the elite heavily armed Special Tactics Group (STG) – descended on Dotcom’s Coatesville mansion. Two helicopters were used during the raid, footage from which was later released to the public as the scale and nature of the operation became clear.

To be clear, no one in the Dotcom residence had any history of violence. Nevertheless, considerable force was used to attack rooms in the building, all of it aimed at detaining the founder of what was then the world’s most famous file-hosting site. The FBI, it seems, would stop at nothing in pursuit of the man they claimed was the planet’s most notorious copyright infringer.

As the dust settled, it became clear that the overwhelming use of force was not only unprecedented but also completely unnecessary, a point Dotcom himself became intent on pressing home.

The entrepreneur was particularly angry at the treatment received by former wife Mona, who was seven months pregnant with twins at the time. So, in response, the Megaupload founder and his wife sued the police, hoping to hold the authorities to account for their actions.

The case has dragged on for years but this morning came news of a breakthrough. According to information released by Kim Dotcom, the lawsuit has been resolved after a settlement was reached with the police.

“Today, Mona and I are glad to reach a confidential settlement of our case against the New Zealand Police. We have respect for the Police in this country. They work hard and have, with this one exception, treated me and my family with courtesy and respect,” Dotcom said.

“We were shocked at the uncharacteristic handling of my arrest for a non-violent Internet copyright infringement charge brought by the United States, which is not even a crime in New Zealand.”

Dotcom said police could have simply asked to be let in, at which point he could have been arrested. Instead, under pressure from US authorities and “special interests in Hollywood”, they turned the whole event into a massive publicity stunt aimed at pleasing the US.

“The New Zealand Police we know do not carry guns. They try to resolve matters in a non-violent manner, unlike what we see from the United States. We are sad that our officers, good people simply doing their job, were tainted by US priorities and arrogance,” Dotcom said.

“We sued the Police because we believed their military-style raid on a family with children in a non-violent case went far beyond what a civilised community should expect from its police force. New Zealanders deserve and should expect better.”

Kim Dotcom has developed a reputation for fighting back across all aspects of his long-running case, and this particular action was no different. He’d planned to take the case all the way to the High Court but in the end decided that doing so wouldn’t be in the best interests of his family.

Noting that New Zealand has a new government “for the better”, Dotcom said that raking up the past would only serve to further disrupt his family.

“Our children are now settled and integrated safely here into their community and they love it. We do not want to relive past events. We do not want to disrupt our children’s new lives. We do not want to revictimise them. We want them to grow up happy,” he said.

“That is why we chose New Zealand to be our family home in the first place. We are fortunate to live here. Under the totality of the circumstances, we thought settlement was best for our children.”

According to NZ Herald, the Dotcoms aren’t the only ones to have made peace with the police. Other people arrested in 2012, including Dotcom associates Bram van der Kolk and Mathias Ortmann, were paid six-figure sums to settle. The publication speculates that as the main target of the raid, Dotcom’s settlment amount would’ve been more.

But while this matter is now closed, others remain. It was previously determined that Kiwi spy agency the Government Communications Security Bureau (GCSB) unlawfully spied on the Dotcoms over an extended period. Ron Mansfield, New Zealand counsel for the Dotcoms, says that case will continue.

“The GCSB refuses to disclose what it did or the actual private communications it stole. The Dotcoms understandably believe that they are entitled to know this. That action is pending appeal in the Court of Appeal,” he says.

Also before the Court of Appeal is the case to extradite Dotcom and his associates to the United States. That hearing is set for February 2018 but whatever the outcome, a further appeal to the Supreme Court is likely, meaning that Dotcom will remain in New Zealand until 2020, at least.

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Kim Dotcom Asks Court For $829K to Fund Family Expenses

Post Syndicated from Andy original https://torrentfreak.com/kim-dotcom-asks-court-for-829k-to-fund-family-expenses-171102/

When Megaupload was shut down in January 2012, US authorities did everything within their power to financially ruin Kim Dotcom and his associates.

Aside from taking much of his personal property, tens of millions of dollars of assets were seized around the world.

Under instruction from the U.S. government, US$42.57m in assets were seized in Hong Kong and since then Dotcom has been trying to claw it back, bit by bit.

Back in July, Dotcom revealed that the Hong Kong High Court had released more of his funds, plus four containers of seized property. Noting that he missed the country, he gave thanks for the lifeline.

“Thanks to a Hong Kong Judge my family can move to Queenstown and my kids will be surrounded by beautiful mountains & lakes instead of spies,” Dotcom said.

That move eventually went ahead, with Dotcom regularly tweeting beautiful waterside views from his new home over the past few months. But of course, nice things tend to cost quite a bit of money, so Dotcom’s legal team have been working hard in Hong Kong to have more funds released.

According to a report from NZHerald, his latest request is fairly sizeable, reaching NZ$1.2m (US$829,400), everything considered.

First up, Dotcom is seeking around NZ$1m (US$691,200) for costs relating to his relocation from Auckland to Queenstown. That’s comprised of two years worth of rent at NZ$40,000 (US$27,648) per month (no typo), plus NZ$150,000 (US$103,680) to cover the actual cost of the move.

On top, Dotcom is looking for NZ$73,000 (US$50,457) per month for living expenses, an amount that’s roughly US$2,000 per month up on the amount he currently receives.

According to the report, Dotcom’s team are also proposing a further amount of NZ$200,000 (US$138,240) to cover emergency items including “medical expenses of the family, car maintenance, household repairs and two holidays of the family”.

It seems unlikely that this will be the final request from Dotcom. According to Gerard McCoy, Dotcom’s lawyer in Hong Kong, the extradition process in New Zealand is nowhere near complete. In fact, McCoy told the court that proceedings won’t be completed during the next two years.

That takes us to 2020, at least, meaning that Dotcom will still be in New Zealand a full eight years after the raid. Given the massive number of court battles and subsequent appeals into every detail of several resulting cases, that’s probably not a surprise, however.

The progress in the extradition process itself is also somewhat glacial, with the next hearing set for the first quarter of 2018 in the Court of Appeal. If past experience is anything to go by, neither side will be happy with the outcome. This means that an appeal to the Supreme Court is almost inevitable.

Over in the United States, progress has also been slow. Recently, a petition from Dotcom and his former Megaupload colleagues over millions of dollars in seized assets was denied by the US Supreme Court.

While this decision means that the battle over a further US$67 million in assets has been exhausted, the question of whether Dotcom and former colleagues Mathias Ortmann, Bram van der Kolk and Finn Batato will ever stand trial in the US remains unanswered.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Lose Yourself: National Party Guilty of Eminem Copyright Infringement

Post Syndicated from Ernesto original https://torrentfreak.com/lose-yourself-national-party-guilty-of-eminem-copyright-infringement-171025/

In recent years, New Zealand has been the center stage of the largest copyright battle in Internet history; the criminal prosecution of Megaupload and several of its former employees.

In 2012, the country’s law enforcement officials helped to bring down the file-sharing site, including a military-style raid on its founder, Kim Dotcom.

While the Megaupload case is still ongoing, a separate copyright battle in New Zealand came to a conclusion this week. In this case, the country’s leading National Party was the accused.

In 2014 the party of former Prime Minister and Kim Dotcom nemesis John Key was sued for copyright infringement by Eminem’s publisher Eight Mile Style. In an advertising spot for the General Election campaign, the party used a song heavily inspired by the track “Lose Yourself.” A blatant copyright infringement, they argued.

This week the High Court agreed with the publisher ruling that the ad indeed infringed on their copyright. The National Party must now pay a total of $600,000 (415,000 USD) including damages and interest, NZ Herald reports.

Recognizing the irony, Kim Dotcom swiftly took the matter to Twitter. He launched a poll asking who’s guilty of copyright infringement, him or the National Party? The results are, as expected, in his favor.

Lose Yourself?

Dotcom sees the matter as something the old government is responsible for and he has more faith in the current leadership.

“All I can say is that the irony of this is hilarious and that Karma has finally caught up with the corrupt !former! National government. Honest people are now running New Zealand and the courts will be busy dealing with the crimes committed by the last government,” Dotcom informs us.

The National Party didn’t simply use the song without paying for it. They actually sought professional advice before starting the campaign and licensed a track called Eminem Esque, which is the one they used in the ad.

While the party hoped to avoid more expensive licensing fees by using the knock-off song, the High Court ruled that the similarities between Lose Yourself and Eminem Esque are so significant that it breached copyright.

And indeed, the music used in the ad campaign below is quite similar to the original Eminem track.

National Party president Peter Goodfellow is disappointed with the outcome and stresses that the party did not act flagrantly and properly licensed the song that was used.

“The music was licensed with one of New Zealand’s main industry copyright bodies, the Australasian Mechanical Copyright Owners Society. Being licensed and available for purchase, and having taken advice from our suppliers, the party believed the purchase was legal.”

The fact that the Party sought advice and licensed the knock-off track was taken into account. The High Court didn’t award any additional damages, but nonetheless, the copyright infringement claims stuck.

The other camp was more positive about the outcome. Adam Simpson, who represented Eminem’s publisher, described the ruling as a win for musicians and a warning to those who infringe on their rights.

“The ruling clarifies and confirms the rights of artists and songwriters. It sets a major precedent in New Zealand and will be influential in Australia, the UK and elsewhere,” Simpson said.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

MPAA and RIAA’s Megaupload Lawsuits Remain on Hold

Post Syndicated from Ernesto original https://torrentfreak.com/mpaa-and-riaas-megaupload-lawsuits-remain-on-hold-171023/

More than half a decade has passed since Megaupload was shut down and it’s still unclear how the criminal proceedings will unfold.

Aside from Andrus Nomm’s plea deal, progress in the criminal proceedings has been slow.

Earlier this year there was some movement when the New Zealand High Court ruled that Kim Dotcom and his former colleagues can be extradited to the US. This extradition would not be on copyright grounds, but for conspiracy to defraud.

Following the ruling, Dotcom and his former colleagues quickly announced they would take the matter to the Court of Appeal. This process is still pending and may take several more months to complete.

While all parties await the outcome, the criminal case in the United States remains pending. The same goes for the civil cases launched by the MPAA and RIAA in 2014.

Since the civil cases may influence the criminal proceedings, Megaupload’s legal team previously managed to put these cases on hold, and last week they requested another extension.

This is not the first time that such a request had been made. There have been several extensions already.

At the time of the last request, there were concerns that the long delays could result in the destruction of evidence, as some of Megaupload’s hard drives were starting to fail. However, after the parties agreed on a solution to back-up and restore the files, this is no longer an issue.

“With the preservation order in place, and there being no other objection, Defendant Megaupload hereby moves the Court to enter the attached proposed order, continuing the stay in this case for an additional six months,” Megaupload’s legal team informed the court this week.

Without any objections from the MPAA and RIAA, U.S. District Court Judge Liam O’Grady swiftly granted Megaupload’s request to stay both lawsuits until April next year.

To be continued.

Order to stay

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Google Asked to Delist Pirate Movie Sites, ISPs Asked to Block Them

Post Syndicated from Andy original https://torrentfreak.com/google-asked-to-delist-pirate-movie-sites-isps-asked-to-block-them-171018/

After seizing several servers operated by popular private music tracker What.cd, last November French police went after a much bigger target.

Boasting millions of regular visitors, Zone-Telechargement (Zone-Download) was ranked the 11th most-visited website in the whole of the country. The site offered direct downloads of a wide variety of pirated content, including films, series, games, and music. Until the French Gendarmerie shut it down, that is.

After being founded in 2011 and enjoying huge growth following the 2012 raids against Megaupload, the Zone-Telechargement ‘brand’ was still popular with French users, despite the closure of the platform. It, therefore, came as no surprise that the site was quickly cloned by an unknown party and relaunched as Zone-Telechargement.ws.

The site has been doing extremely well following its makeover. To the annoyance of copyright holders, SimilarWeb reports the platform as France’s 37th most popular site with around 58 million visitors per month. That’s a huge achievement in less than 12 months.

Now, however, the site is receiving more unwanted attention. PCInpact says it has received information that several movie-focused organizations including the French National Film Center are requesting tough action against the site.

The National Federation of Film Distributors, the Video Publishing Union, the Association of Independent Producers and the Producers Union are all demanding the blocking of Zone-Telechargement by several local ISPs, alongside its delisting from search results.

The publication mentions four Internet service providers – Free, Numericable, Bouygues Telecom, and Orange – plus Google on the search engine front. At this stage, other search companies, such as Microsoft’s Bing, are not reported as part of the action.

In addition to Zone-Telechargement, several other ‘pirate’ sites (Papystreaming.org, Sokrostream.cc and Zonetelechargement.su, another site playing on the popular brand) are included in the legal process. All are described as “structurally infringing” by the complaining movie outfits, PCInpact notes.

The legal proceedings against the sites are based in Article 336-2 of the Intellectual Property Code. It’s ground already trodden by movie companies who following a 2011 complaint, achieved victory in 2013 against several Allostreaming-linked sites.

In that case, the High Court of Paris ordered ISPs, several of which appear in the current action, to “implement all appropriate means including blocking” to prevent access to the infringing sites.

The Court also ordered Google, Microsoft, and Yahoo to “take all necessary measures to prevent the occurrence on their services of any results referring to any of the sites” on their platforms.

Also of interest is that the action targets a service called DL-Protecte.com, which according to local anti-piracy agency HADOPI, makes it difficult for rightsholders to locate infringing content while at the same time generates more revenue for pirate sites.

A judgment is expected in “several months.”

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.