'Flawed' Megaupload case faces court test: lawyer

Jun 01, 2012
The home page of Megaupload.com, one of the largest file-sharing websites shut down by US authorities. A massive online piracy case against file-sharing website Megaupload was "flawed" and likely to be dismissed in a US court within a month, the site's chief lawyer has said. A massive online piracy case against Megaupload was "flawed" and likely to be dismissed, the website's chief lawyer says

A massive online piracy case against file-sharing website Megaupload was "flawed" and likely to be dismissed in a US court within a month, the site's chief lawyer has said.

California-based lawyer Ira Rothken said US authorities exceeded their jurisdiction when they served an indictment on Hong Kong-registered Megaupload earlier this year, alleging racketeering, and copyright theft.

Rothken said Megaupload, whose founder Kim Dotcom was arrested in New Zealand as part of the probe along with three other executives, filed a motion this week in the calling for the case to be thrown out.

"We're optimistic that the case against Megaupload will be dismissed," he told Radio New Zealand in a telephone interview late Thursday, saying US law only allowed companies with a presence in the US to be indicted.

"Megaupload is a Hong Kong corporation, it does not have an office in the United States and we're just asking the US to play by the rules," he added.

Megaupload boss Kim Dotcom in the North Shore court in Auckland in February 2012. Dotcom and his co-accused, who were arrested when New Zealand police raided the Internet tycoon's sprawling Auckland mansion on January 20, deny any wrongdoing and have vowed to fight the charges.

The US indictment alleges Megaupload and related file-sharing sites netted more than $175 million and cost copyright owners more than $500 million by offering pirated copies of movies, TV shows and other content.

and his co-accused, who were arrested when New Zealand police raided the Internet tycoon's sprawling Auckland mansion on January 20, deny any and have vowed to fight the charges.

They are on bail as they await a court bid in August to extradite them to the United States.

Rothken said the US court action would determine the course of the case and he expected a ruling within 30 days.

"This case was flawed from the start, once this case gets dismissed it can't be fixed," he said.

He accused the FBI and of not doing their homework when drawing up the indictment.

"It looks like they acted hastily, we're going to let the court decide on the legal issues," he said.

"One would think that they'd have done more legal research before filing this type of indictment against a foreign corporation."

Explore further: Study: Social media users shy away from opinions

add to favorites email to friend print save as pdf

Related Stories

Decision due in Megaupload founder's N.Z. bail bid

Jan 24, 2012

Megaupload founder Kim Dotcom is set to learn Wednesday if he will remain behind bars in New Zealand while US authorities seek his extradition on allegations of massive copyright theft.

US authorities hit Megaupload with more charges

Feb 17, 2012

The US authorities have filed additional copyright infringement and fraud charges against Megaupload founder Kim Dotcom and other employees of the file-sharing site shut down last month.

Megaupload boss allowed $49,000 monthly expenses

Mar 22, 2012

A New Zealand court granted Megaupload boss Kim Dotcom NZ$60,000 ($49,000) a month in living expenses Thursday as he awaits a US bid to extradite him on online piracy charges, reports said.

Megaupload boss to appeal for bail in New Zealand

Feb 02, 2012

Megaupload boss Kim Dotcom will appeal Friday against a ruling that kept him behind bars in New Zealand while US officials seek his extradition for alleged copyright piracy, his lawyers said.

Megaupload founder denies piracy, demands release

Jan 23, 2012

Megaupload's detained founder Monday denied wrongdoing after US authorities shut down his file-sharing website, as new details emerged of a rock-star life featuring "fast cars" and "hot girls".

Recommended for you

Study: Social media users shy away from opinions

Aug 26, 2014

People on Facebook and Twitter say they are less likely to share their opinions on hot-button issues, even when they are offline, according to a surprising new survey by the Pew Research Center.

US warns shops to watch for customer data hacking

Aug 23, 2014

The US Department of Homeland Security on Friday warned businesses to watch for hackers targeting customer data with malicious computer code like that used against retail giant Target.

Fitbit to Schumer: We don't sell personal data

Aug 22, 2014

The maker of a popular line of wearable fitness-tracking devices says it has never sold personal data to advertisers, contrary to concerns raised by U.S. Sen. Charles Schumer.

Should you be worried about paid editors on Wikipedia?

Aug 22, 2014

Whether you trust it or ignore it, Wikipedia is one of the most popular websites in the world and accessed by millions of people every day. So would you trust it any more (or even less) if you knew people ...

Philippines makes arrests in online extortion ring

Aug 22, 2014

Philippine police have arrested eight suspected members of an online syndicate accused of blackmailing more than 1,000 Hong Kong and Singapore residents after luring them into exposing themselves in front of webcam, an official ...

User comments : 1

Adjust slider to filter visible comments by rank

Display comments: newest first

Cave_Man
5 / 5 (2) Jun 02, 2012
They say there was no coincidence between the mass outcry against SOPA and PIPA or whatever they were and yet it came a single day after those bills failed under enormous pressure from the public.

The USA need to serve the people at large not the greedy individual corporations.

Our country is out of control, like a monkey on drugs wielding a laser gun. It's time the people took back the power, and i dont mean becoming a fag teabagger because those people are brainwashed by the very powers they claim to be rebelling against.