Megaupload's lawyers file notion for dismissal due to lack of jurisdiction

Leeky

Posts: 3,357   +116
Following a New Zealand court ruling ordering the US Government to share all evidence relating to the criminal charges of the accused on Tuesday, attorneys representing Megaupload filed a notion in...

[newwindow="https://www.techspot.com/news/48822-megauploads-lawyers-file-notion-for-dismissal-due-to-lack-of-jurisdiction.html"]Read the whole story[/newwindow]
 
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Guest

good luck with that argument. I think at this point whatever the corps want, US gov is going to give.
 

Adhmuz

Posts: 2,062   +854
Theres a serious point being made there, why does the US have the right to prosecute someone who doesn't hold legal residence or office in the USA. It's up to the New Zealand court to prosecute their own people, not the US to police the world because they feel they can.
 

mattfrompa

Posts: 576   +73
the US is declining in relevance on many fronts and it will try anything except what it should, properly protect, educate and care for it's people.
 
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Guest

It's to the point where many countries view the US not only as a joke, but also as weak and weakening more everyday. In the next decade I predict there will be a major attack on American soil. WWIII is inevitable... it's only a matter if time. /rant lol
 

gwailo247

Posts: 2,006   +18
Well, according to the Neuromancer universe, we should be seeing offshore data havens in international waters, followed by satellite ones when the capability arrives. This proves its all about jurisdiction baby...

Forget selling cheap knockoffs of Chinese weapons, if North Korea really wanted to make some money they should host pirate servers.
 

MilwaukeeMike

Posts: 3,213   +1,462
<p>Theres a serious point being made there, why does the US have the right to prosecute someone who doesn't hold legal residence or office in the USA. It's up to the New Zealand court to prosecute their own people, not the US to police the world because they feel they can.</p>
Well... that would be because the people he's stealing from are Americans. It'd be like if you got your identity stolen by someone in New Zealand and they ran up your credit cards and trashed your credit. Should they be completely free to do this because they're outside the USA? The US doesn't 'feel they can' the US is getting pressured by the victims to act. Do you feel any and all internet crime should be allowed so long as the person and computer lives in a country with no laws? Better yet, how about on a boat outside of ANY country?
 

Littleczr

Posts: 441   +92
<p>It's to the point where many countries view the US not only as a joke, but also as weak and weakening more everyday. In the next decade I predict there will be a major attack on American soil. WWIII is inevitable... it's only a matter if time. /rant lol</p>
I would not go that far. Yes, I hate my country for doing this but the UNITED STATES OF AMERICA is the greatest country in the world. Pisses the American people off and watch us come together and achieve anything we desire.
 
G

Guest

where u see ""We'll respond at the appropriate time in court," u can read :"HELP"
 

Mantrhax

Posts: 36   +0
<p>
<p>Theres a serious point being made there, why does the US have the right to prosecute someone who doesn't hold legal residence or office in the USA. It's up to the New Zealand court to prosecute their own people, not the US to police the world because they feel they can.</p>
</p>
<p><br /></p>
<p>Should they be completely free to do this because they're outside the USA? </p>
Yes, US doesnt have jurisdiction out of his borders, so the US must ask nicely if the country can help then, like New Zealand did, they did all wrong and burned they own feet, its funny and tragical. I bet NZ guys are really rethinking about the next elections right now.
 

Tygerstrike

Posts: 827   +93
Well technically if MegaUpload used a .com address the US has jurisdiction because theGovt. owns the. Com .org and one other I can't recall right this minute. So they could nab him for violating US copyright laws because he was using a address owned by the government.
Techspot ran an article a few months ago about it if you feel the need to look it up
 
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Guest

Tygerstrike wrote: "if MegaUpload used a .com address the US has jurisdiction because theGovt. owns the. Com .org..."

Bzzt. Wrong. Registering a com/net/org address does not put you and your company into US legal jurisdiction. Registering a .com does not mean that the US govt has the right to invade a person's home in another sovereign country, try to pull a fast one with the local legal system, to snuff out a business it dislikes which has no physical presence in the US.

At most, it means that ICE could potentially pull the megaupload and associated .com domains, like they have already been doing with other com domains, but that is all.
 
G

Guest

For a taste of irony, take a tour of Thomas Jefferson's house and see how many of his "inventions" he copied from Europe.

The law needs to change. With the ability to spread ideas and information around the world in minutes, and product lifetimes measured in months, do we really need laws that protect copyright for decades and even lifetimes ? Surely it would benefit idea development if they lasted only two to five years ? This is still enough time for a company/individual to make a profit from their idea so they can move on to the next one.

Or maybe it isn't about what's best for everyone - maybe it's just about personal greed.
 
G

Guest

To the off-shore crowd. Who has the biggest navy in the world? International waters are not so international will the hugest fleet on the ocean sails up and surrounds your freighter. Now, about those 'rights'? Who enforces 'International water'? Hmm?
 

Tygerstrike

Posts: 827   +93
@ Guest 8:38pm

Actually you would be incorrect. Mega used a .com address to fleece US citizens. That puts it under US jurisdiction if I read the TS article correctly. As the article stated the company that applied to get a .com registery they are bound by the fact that the US govt. "owns" the rights on .com.
Wow a anon troll. Try reading a bit more before you type.
And I agree with the guest who posted at 9:26. What would stop ANY Naval fleet from lobbing a few shots at a server farm sitting miles and miles off shore. Not much. It could be called an "accident". Some fines will be paid, someone will get a slap on the wrist lol.
 
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Guest

Nice try but a .com adress gangs no jurisdiction over anything but the domain name... So they van seie the domain and the serveres if sushi serveres are on us sol... That is all
 

Tygerstrike

Posts: 827   +93
Once again READ THE ARTICLE!! Please. It was all spelled out in the article. Maybe you will have a better understanding of the situation and the legal ramifications of the US. Govt. owning the .com registery. Its owned by the govt. any crimes comitted while using the .com against US citizens gives them the right to go after whomever.