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US government wants to deny Megaupload a fair trial

 
Anonymous Coward
User ID: 1246353
Panama
04/20/2012 08:44 PM
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US government wants to deny Megaupload a fair trial
The chances of Megaupload founder Kim DotCom getting a fair trial in the US appears remote.

The United States government is making it as difficult as possible for Megaupload to obtain legal advice in the Land of the Fee.

While the top law firm of Quinn Emanuel Urquhart and Sullivan has sought permission to represent Megaupload in the case, the government has refused.

The government's argument is that DotCom should not be allowed to use money he has "stolen" from Big Content to pay for a fancy lawyer to get him off.

As Quinn Emanuel told the court that the government's objections are so broad that they would effectively prevent Megaupload from hiring any lawyer with experience litigating major copyright cases and would make it impossible to hire any lawyer at all...

...But the government has other reasons for not wanting Quinn Emanuel. The firm has extensive experience handling copyright cases for some of the top names in Big Content. The government claims that this is a conflict of interest because its other customers are Megaupload's victims...

...Quinn Emanuel points out this broad interpretation of conflict-of-interest rules would prevent Megaupload from retaining almost any law firm with experience in copyright matters, because all firms that specialise in copyright law regularly accept major content companies as clients.

Rest of the article here:

[link to news.techeye.net]

Looks like they are really gunning for this guy.
Anonymous Coward (OP)
User ID: 1246353
Panama
04/20/2012 08:56 PM
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Re: US government wants to deny Megaupload a fair trial
Here's another one:

Megaupload: Erasing our servers as the US wants would deny us a fair trial

On Friday, Megaupload asked the Virginia judge overseeing its criminal copyright case to spare the data on its servers from deletion...

...Megaupload argues that allowing the data on its servers to be destroyed would deprive Megaupload of the opportunity to fully defend itself in court.

In criminal cases, defendants are entitled to any evidence that could be helpful in their defense. Given that the government's case is likely to focus heavily on the contents of Megaupload's servers, access to that same data may be essential to rebutting the government's arguments...

...The government has copied "selected" data from the Megaupload servers, but it has not even revealed to the defendants which evidence has been preserved. Megaupload argues that the government may have "cherry picked" the data that will cast Megaupload in the most negative possible light. The company argues that allowing the rest of the data to be destroyed will make it impossible for Megaupload to unearth evidence that could cast the company in a more favorable light...

Rest of the article here:

[link to arstechnica.com]

So they want to keep Kim DotCom from having an attorney, AND they want to destroy any evidence he could have used in his defense? Sounds to me like this guy is royally screwed.
Anonymous Coward (OP)
User ID: 1246353
Panama
04/21/2012 12:22 AM
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Re: US government wants to deny Megaupload a fair trial
Yeah, I'm giving my own thread a bump. I think the story is significant, and the implications are chilling.

It's not so much about Megaupload or Kim DotCom as it is about the US government's procedures on this one. Pretty much everything the US justice system has ever stood for is being thrown out the window in this case.

This is concerning. It sets a very, dangerous precedent.





GLP