Feeds

Megaupload case near collapse: report

Farce piled upon farce

HP ProLiant Gen8: Integrated lifecycle automation

An American district court judge has cast doubt over the whole Megaupload trial, telling the FBI the criminal charges against Kim Dotcom may never make it to trial.

The New Zealand Herald is reporting that during a hearing in Virginia the judge, Liam O’Grady, doubted if “we are ever going to have a trial in this matter” when advised that Megaupload has never been served with papers in the US.

As the newspaper notes, the criminal conspiracy charges in America are vital to the trial as a whole: without a charge carrying a five-year maximum sentence, the FBI won’t be able to meet the criteria necessary to having Dotcom extradited.

The judge’s remarks were made during ongoing legal argument over the future of data held on Megaupload’s servers, during which judge O’Grady asked for more information about why Megaupload had not been served in America.

The company’s lawyer in America, Ira Rothken, reportedly answered that criminal charges could not be laid against Megaupload because it’s not located in US jurisdiction. Prosecutor Jay Prabhu contends the company doesn't matter, because Dotcom - who owns 68 percent of Megaupload - is the FBI's target.

Should the case collapse in America, the only remaining recourse would be to try and secure criminal copyright-breach charges in New Zealand. Without charges in America, however, it’s an open question as to whether evidence supplied by the FBI would be admissible.

The case has been increasingly marred by legal missteps. Earlier, a restraining order seizing Dotcom’s assets was set aside after a paperwork error was discovered; it was reinstated only last week. ®

Maximizing your infrastructure through virtualization

More from The Register

next story
Google Nest, ARM, Samsung pull out Thread to strangle ZigBee
But there's a flaw in Google's IP-based IoT system
Orange spent weekend spamming customers with TXTs
Zero, not infinity, is the Magic Number customers want
Want to beat Verizon's slow Netflix? Get a VPN
Exec finds stream speed climbs when smuggled out
US freemium mobile network eyes up Europe
FreedomPop touts 'free' calls, texts and data
'Two-speed internet' storm turns FCC.gov into zero-speed website
Deadline for comments on net neutrality shake-up extended to Friday
GoTenna: How does this 'magic' work?
An ideal product if you believe the Earth is flat
NBN Co execs: No FTTN product until 2015
Faster? Not yet. Cheaper? No data
prev story

Whitepapers

Top three mobile application threats
Prevent sensitive data leakage over insecure channels or stolen mobile devices.
The Essential Guide to IT Transformation
ServiceNow discusses three IT transformations that can help CIO's automate IT services to transform IT and the enterprise.
Mobile application security vulnerability report
The alarming realities regarding the sheer number of applications vulnerable to attack, and the most common and easily addressable vulnerability errors.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Consolidation: the foundation for IT and business transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.