Kim Dotcom claims entrapment by US authorities Kim Dotcom says he is about to go on the offensive, after the news that some of the files prosecutors allege Megaupload.com knew were pirated and did not remove were only present because courts had asked they be retained to assist another investigation. Dotcom's new assault will be based on revelations that megaupload actively …
Our own departments are marginally better, so far I've yet to see a Copyright case in the UK that I can honestly say is unfair... If your making money from copyright infringement, then yes its a crime... If your just downloading from a torrent because you a) can't afford to buy it legit or b) can't find anywhere to buy it legit or c) Want DLNA compatible media, then there is no real case IMHO, it is a civil offence, and in court damages would be minimal as no impact to the business is done by that one downloader...
I know I would purchase tons of downloads IF I could store it all on my NAS and play it on any device I owned... unfortunately it is not like that, so I buy blu-rays and rip them (I even buy the copies with Digital copies included!)
I read is at the following.
Folder1 containst ongoing naughties for the authorities. Mandated by the courts to keep as evidence.
Folder2 contains files
Folder3 contains files.
Folder1, folder2 and folder3 were cited as having naughties in them and kim is busted for them. If so then it is entrapment based on Folder1 alone.
They could open a NEW case based on Folder2 and Folder3 although I think there has been a few more issues since....
One possible issue preventing actual deletion is the frequency of "deduplication", as all files (if identical) may be only one file, with multiple links.
Removing ANY of the files would change the link references, and alter the data - hence deletion/corruption of evidence.
Now I don't know the underlying storage used, but this is one possible reason for not removing anything.
It depends on what laws you are willing to ignore, and how strong one thinks the "fair use" clause in the US copyright laws really is. I run under the assumption that the media I've ripped is my single 'backup copy' under the fair clause agreement- this way I don't have to worry about the discs getting all scratched up.
Personally, I think the DMCA was far too draconian of a law to ever be passed, but that's just me.
Anon for obvious reasons.
"if this turns out to be true, they kept the files cause the court asked them to and then turned around and used them as evidence against ya. that is pretty damn dirty IMO."
But that's not what the DoJ are saying: The story states that OTHER copies of those files were on the servers.
It's a little like having a stolen Rolex in your pawn shop, not getting arrested for posession of stolen goods because you co-operated with the police in fingering the seller, but then willingly having another dozen in your desk drawer.
Anyway... what Dotcom has basically told us is that he cooperated with the Feds on other cases and assisted in the gathering of evidence against pirates. And this guy is still the patron saint of software piracy because...?
I think it's a silly comment, but the other part of the story is a week or so old. The insight into the alleged entrapment that is.
I agree with Reg that the twitter reply is newer though!
Thanks for reporting on these "little" stories that sometimes get missed as they are not necessarily "mainstream". But they do seem to have big effects.
Why not think he's telling the truth? If he isn't, presumably it will be really easy for the US authorities to present the evidence and prove he's lying!! As they haven't even provided much for the original charges, let alone this, I can only assume they don't really have a lot. Given the evidence presented to date, dotcom looks a whole lot more honest and open than the DoJ. The NZ police and prosecutors aren't far behind as the NZ judges seem to be determining most of their actions were actually illegal as well....
We'll wait and see and then judge. But dotcom (whilst not necessarily a good person or even sane) seems to be in the driving seat at the moment. The people behind this (Hollywood, music companies etc.) are shooting themselves in the foot even more by taking small childrens laptops under seriously idiotic circumstances and when no crime has even been committed as well. I think people are beginning to see more and more that the 'cure' is rapidly becoming worse than the 'crime'.
"Why not think he's telling the truth?"
Because he's a convicted criminal with a penchant for BS?
"If he isn't, presumably it will be really easy for the US authorities to present the evidence and prove he's lying!!"
It will be, but Dotcom is relying on a smoke and mirrors defence and aiming for trial by media ahead of any court hearing.
"let alone this, I can only assume they don't really have a lot."
That's because Dotcom has just made an accusation and they haven't responded yet, nor are they likely to before a court hearing. How about we wait until then and hear what both sides have to say in front of a judge where they have to try to make it stick, instead of in front of reporters, where both sides can just talk bullsh!t.
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