Feeds

Megaupload case near collapse: report

Farce piled upon farce

Business security measures using SSL

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. ®

Protecting against web application threats using SSL

More from The Register

next story
Brit telcos warn Scots that voting Yes could lead to HEFTY bills
BT and Co: Independence vote likely to mean 'increased costs'
Phones 4u slips into administration after EE cuts ties with Brit mobe retailer
More than 5,500 jobs could be axed if rescue mission fails
New 'Cosmos' browser surfs the net by TXT alone
No data plan? No WiFi? No worries ... except sluggish download speed
Radio hams can encrypt, in emergencies, says Ofcom
Consultation promises new spectrum and hints at relaxed licence conditions
Blockbuster book lays out the first 20 years of the Smartphone Wars
Symbian's David Wood bares all. Not for the faint hearted
Bonking with Apple has POUNDED mobe operators' wallets
... into submission. Weve squeals, ditches payment plans
This flashlight app requires: Your contacts list, identity, access to your camera...
Who us, dodgy? Vast majority of mobile apps fail privacy test
prev story

Whitepapers

Providing a secure and efficient Helpdesk
A single remote control platform for user support is be key to providing an efficient helpdesk. Retain full control over the way in which screen and keystroke data is transmitted.
WIN a very cool portable ZX Spectrum
Win a one-off portable Spectrum built by legendary hardware hacker Ben Heck
Storage capacity and performance optimization at Mizuno USA
Mizuno USA turn to Tegile storage technology to solve both their SAN and backup issues.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Security and trust: The backbone of doing business over the internet
Explores the current state of website security and the contributions Symantec is making to help organizations protect critical data and build trust with customers.