News Section Logo NEWS - Return to news section

 

MegaUpload Wants Criminal Case Dismissed

Posted by: , 19:00 AEST, Thu May 31, 2012

Permanent Link     Add Comments
MegaUpload's lawyers submit motion to have the US government's case against the file hosting provider thrown out due to lack of jurisdiction
News story feature image

The lawyers of besieged MegaUpload wants the US government's case against the file hosting provider thrown out of court.

MegaUpload's attorneys claims that the US government acted rashly in taking down the entire website, and seeking the extradition of the site's owner, Kim DotCom, who currently resides in New Zealand.

The issue of jurisdiction is extremely complicated in the MegaUpload case, as the company is actually incorporated in Hong Kong. With no offices in the US at all, MegaUpload's lawyers argue, it is impossible to even serve criminal summons. "In short, a corporation such as Megaupload cannot be brought within the jurisdiction of this court for criminal proceedings absent its consent," states filings to the court made by MegaUpload's lawyers.

But MegaUpload did lease servers in the United States, and its primary domain name, being a .com, also falls under US jurisdiction.

DotCom, who is also not a US citizen, says that MegaUpload has been run as a legitimate business that offers hosting for digital files users are able to upload. That some of these files were infringing on the copyright of US businesses does not mean that the MegaUpload would be liable for these uploads, the company argues.

Attorney Ira Rothken, who leads MegaUpload's worldwide legal defence, feels the US government has overreacted and lacked probably cause to take down the entire website. "(the US government) would have to hold the company criminally responsible for the acts of copyright infringement committed by its users. And there is no such thing as criminal secondary copyright infringement," Rothken noted.


Comments:

Related News:

News Icon Copyright Court: Google Steps Up To Help Hotfile, While RapidShare Suffers Setback

posted by: Sean F, 17:54 AEDT, Tue March 20, 2012

News Icon Anger From Users Of Megaupload's Legitimate Service, While Fear Grips Industry

posted by: Sean F, 22:57 AEDT, Sat January 21, 2012

News Icon Megaupload Shuttered By US Government, Site's Founder Arrested

posted by: Sean F, 14:11 AEDT, Fri January 20, 2012

News Icon MPAA Fears Megaupload May Rise Again If Server Data Transferred

posted by: Sean F, 13:34 AEST, Sun April 8, 2012

News Icon Will Hotfile be the next Megaupload?

posted by: Sean F, 17:08 AEDT, Fri March 9, 2012