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BDFL - Memuneh
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  Reply # 1458569 29-Dec-2015 16:10
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National has also done an effective job of marginalising the Greens and convincing voters that they are sandal-wearing flakes who can't be trusted with serious responsibility. Yet the Greens are the only party that actually takes integrity seriously. Whatever you think of Russel Norman's politics or policies, his example of refusing to accept any ex-MP perks deserves respect. If only the rest of the pack lived up to this. 





I reject your reality and substitute my own. - Adam Savage
 


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  Reply # 1458600 29-Dec-2015 16:57

blakamin:
Linuxluver: 

It stinks to high Heaven, frankly.  I'll never be voting for National again.  They are clearly crooks all on their own.   


And you think any other party would be different??? BWAHAHAHAHAHA


Between National and Labour - probably not. One is a little bit more nanny-state and the other a little bit more police-state. But, they are both nanny/police state parties.

New Zealand First are about the same.

However, the Greens and ACT have shown a lot more commitment to personal freedom and privacy.

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  Reply # 1460111 2-Jan-2016 11:34
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Just a quick note for those who keep banging on about copyright being civil, not criminal - don't forget about s131 of the Copyright Act 1991. The money laundering charges have been mentioned a couple of times but the RICO Act and wire fraud charges seem to keep getting missed.

Following on from Nathan's excellent link to the recently released reserved judgement (the document), the other thing to bear in mind is that while Mr Schmitz' PR machine has been going full noise, until the release of the document we knew very little of the prosecution case. And there's still vast tracts we don't know; what's in the document covers the extradition requirements - you can bet your boots there'll be an absolute mountain more evidence sitting ready in the US.

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  Reply # 1460143 2-Jan-2016 12:57
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Dratsab: Just a quick note for those who keep banging on about copyright being civil, not criminal - don't forget about s131 of the Copyright Act 1991. The money laundering charges have been mentioned a couple of times but the RICO Act and wire fraud charges seem to keep getting missed.

Following on from Nathan's excellent link to the recently released reserved judgement (the document), the other thing to bear in mind is that while Mr Schmitz' PR machine has been going full noise, until the release of the document we knew very little of the prosecution case. And there's still vast tracts we don't know; what's in the document covers the extradition requirements - you can bet your boots there'll be an absolute mountain more evidence sitting ready in the US.


Cheers Nathan / Dratsab - the referenced document provides some interesting info - and does provide quite the counter-argument to Kim's claims to date re how they responded to takedown notices / copyright infringers etc.

Based on this document they were not as compliant as they have made out to be via their PR machine. (So the document is definitely worth a dl/read.)

Will be interesting to see how this all plays out....

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  Reply # 1460217 2-Jan-2016 15:32
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Dratsab: Just a quick note for those who keep banging on about copyright being civil, not criminal - don't forget about s131 of the Copyright Act 1991. The money laundering charges have been mentioned a couple of times but the RICO Act and wire fraud charges seem to keep getting missed.

Following on from Nathan's excellent link to the recently released reserved judgement (the document), the other thing to bear in mind is that while Mr Schmitz' PR machine has been going full noise, until the release of the document we knew very little of the prosecution case. And there's still vast tracts we don't know; what's in the document covers the extradition requirements - you can bet your boots there'll be an absolute mountain more evidence sitting ready in the US.


Makes for a really good read.
It seems Mr Dotcom put his foot in it quite a bit. And like you say, they'll have much more evidence than that. 

I wonder how many of the major uploaders could be asked to provide evidence in return for a plea bargain?

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  Reply # 1460218 2-Jan-2016 15:35
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Linuxluver:

 (If you haven't read Dirty Politics, then don't waste time showin'g you haven't got a clue here).


Because a guy wrote a book? 

Next you'll tell me you believe everything on wikipedia wink

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  Reply # 1460242 2-Jan-2016 16:18
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Linuxluver:
MikeB4:
gzt:
Andib:
MikeB4: And now the endless appeals


The endless waste of tax payers money!

If that was ever a concern our then our government should never have started down this way with the raids in the first place. Really silly for the NZ police and government to get so involved in this USA business.


Are you saying he should have been left alone to carry on his illegal activity?


I'd be saying there is considerable debate about his illegal activity (given the DMCA safe harbour provisions in the US) and I'd be saying that even if he is guilty of copyright offences they aren't extraditable anyway.

Wrong.*

Linuxluver: Not part of the treaty.

Wrong.*

Linuxluver: Irrelevant.

Wrong.*

Linuxluver: I'd be saying all this has shown is how shonky the NZ government is and how far too many Kiwis let their prejudices and preconceptions get in the way of the facts.

I'd be saying your ignorance of the law and it's applications and procedures is letting your prejudices and preconceptions get in the way of the facts. Maybe you should have read the document before posting?

Linuxluver: Bear in mind: Dotcom has never visited the US, nor had any businesses there.

1st half correct. 2nd half - wrong.*

Linuxluver: Anyone uploading illegal content to his servers was doing it on their own.

Wrong.*

Linuxluver: This is exactly why the DMCA Safe Harbour provisions exists: so network service providers aren't guilty of the illegal acts of their users. YouTube, Facebook......everyone....uses this defence every day.

Correct but these other companies actually comply with take down notices. Dotcom et al conspired not to.*

Linuxluver: So exactly how the hammer came down on a guy who has no actuall connection with the US at all is a mystery.

No, it's not.*

Linuxluver: ...yet our government tugged it's wee blue forelock and did what the US told it to do.

Wrong - it fulfilled its treaty obligations.*

Linuxluver: That involved breaking several of its own laws along the way.....not don't worry, no one was ever held to account for any of that.

Maybe this guy can take up the cudgel?

Linuxluver: It stinks to high Heaven, frankly. I'll never be voting for National again. They are clearly crooks all on their own.

Given the nature of so many of your previous posts, I'm surprised you've ever voted for National!


* read the document

Edit: fixed quote blocks

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  Reply # 1460257 2-Jan-2016 16:57
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Any sympathy I might have had for this guy vanished completely with his organisation of crowds chanting "F%$# John Key".  Anyone who goes to live in another country and treats the host government like that deserves to be shipped out on the next plane.  Regardless of the political leaning of the current government

If there was any need for a further nail in his coffin, then "Ze moment of truth" was it

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  Reply # 1460258 2-Jan-2016 16:58
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blakamin:
Dratsab: Just a quick note for those who keep banging on about copyright being civil, not criminal - don't forget about s131 of the Copyright Act 1991. The money laundering charges have been mentioned a couple of times but the RICO Act and wire fraud charges seem to keep getting missed.

Following on from Nathan's excellent link to the recently released reserved judgement (the document), the other thing to bear in mind is that while Mr Schmitz' PR machine has been going full noise, until the release of the document we knew very little of the prosecution case. And there's still vast tracts we don't know; what's in the document covers the extradition requirements - you can bet your boots there'll be an absolute mountain more evidence sitting ready in the US.


Makes for a really good read.
It seems Mr Dotcom put his foot in it quite a bit. And like you say, they'll have much more evidence than that. 

I wonder how many of the major uploaders could be asked to provide evidence in return for a plea bargain?


The same could be said for Legit users, According to http://kim.com/scandal many companies used MegaUpload including the movie and music studios themselves 

There is also this, which was a paid promotion but still https://www.youtube.com/watch?v=o0Wvn-9BXVc

There are many users including a videographer who are fighting to get their files back

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  Reply # 1460261 2-Jan-2016 17:07
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The Rico and Wire Fraud charges are a consequence of the copyright claims. In NZ terms it is like being stopped for driving without a warrant and also getting tickets for a failed tail light. NZ you will tend to be charged with one or the other rather than everything can be found in the book.

Pretty much everything you might want to know is in the US grand jury indictment of Kim Dotcom. It is available online.

gzt

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  Reply # 1460264 2-Jan-2016 17:20
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Looks to me what has been happening is they are going after foreign nationals first in 3rd party countries and somewhat mercilessly. There was the UK kid in Australia who got extradited for example. There was a NZ guy here running a pirate TV site and they settled for 20K and a few minor pains. If they had attempted to extradite an NZer I'm pretty sure we would not be having it for this kind of thing. It would kill a lot of votes for whoever. There was another one I forget also full citizen somewhere else and settled for something minor.

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  Reply # 1460378 2-Jan-2016 21:32
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gzt: The Rico and Wire Fraud charges are a consequence of the copyright claims. In NZ terms it is like being stopped for driving without a warrant and also getting tickets for a failed tail light. NZ you will tend to be charged with one or the other rather than everything can be found in the book.

Pretty much everything you might want to know is in the US grand jury indictment of Kim Dotcom. It is available online.

The RICO and wire fraud charges arose, through discovery of an organised criminal enterprise and it's associated conspiracy to defraud, during the course of the investigation. The RICO and wire fraud charges are tightly linked to the copyright infringement allegations/charges as the copyright infringement occurred because the organised criminal enterprise concocted and enacted said conspiracy, not the other way round.

Your car analogy doesn't work either. In this country an infringement notice that contained a charge of "no evidence of inspection" (expired WOF) and one of "not up to warrant of fitness standard" (tail light not working) would get bounced by the Police Infringement Bureau straight away. It's a clear car of double dipping. All cops know, or at least should know this, so it's extremely unlikely to happen anyway.

However, if you commit a crime in this country serious enough to get CIB involved, I can guarantee the investigators will lay every charge on you they think they can prove.

It also plays to note, the indictment document itself is a precis of enough of the evidence gathered by that time to convince a Grand Jury an indictment should be laid. It is not the evidence itself, so pretty much everything *I* might want to know is yet to be brought forth - of course, I can't speak for others ☺

Edit: couple of points slightly expanded for clarity.

gzt

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  Reply # 1461723 5-Jan-2016 14:58
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The 'wire fraud' charge for instance is the claim that the 'mega conspiracy' said via email (this is the 'wire' part like telephone wire) that they had removed links when requested. The US prosecution claim is they did not really remove those links. It all rests on the claims of copyright violation and compliance.

My point is to most people in NZ and maybe even usa the charging of wire fraud and Rico act sound like some serious money laundering etc when in reality it is just only the claims of copyright.

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