Breaking: Megaupload seizures illegal says NZ High Court
Case in disarray
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America’s case against Megaupload boss Kim Dotcom is looking increasingly shambolic, with a New Zealand High Court judge finding that the property seizures in January raid were illegal.
Both New Zealand’s National Business Review and TVNZ are reporting that Judge Helen Winkelmann has declared the warrants used in the searches of Dotcom’s mansion were illegal.
Furthermore, the judge said it was unlawful for Dotcom’s data to be sent offshore.
TVNZ quotes the judge as saying that the warrants “fell well short” of adequately describing the offences under which the warrants operated. “They were general warrants, and as such, are invalid”.
She has also ordered that “clones” of Dotcom’s machines held by NZ authorities be returned to him, that any data held in New Zealand should stay there, and that the country should “request” that US authorities return clones taken offshore.
This seems to be no near-run or “technical” victory: NBR says the judge ordered that all data seized be reviewed by a High Court lawyer with appropriate experience, and only data relevant to the case should be retained. ®
COMMENTS
Possible Copyright infringement by the US then
So if they have illegally taken a clone of his data, does this mean he can take action against them for copyright infringement ?
Re: Good news
Haven't they already frozen his assets and such like though? What about those...?
Not to mention the destruction of a business with a $4 billion dollar evaluation that was just preparing to go public and enter the US stock market with a multi-billion dollar IPO. Major auditors and world investment banks were apparently looking favourably at this so there should be some good evidence for a lawsuit to recover some of that. It's a bit of an international incident if you ask me.
Re: BAU for the US then?
"Shoot first and ask questions later."
Corrected for you:
Shoot first, hit you allies with friendly fire, ignore their sovereignty and legal system, then ask questions later.
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