back to article 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 …

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  1. cyke1
    WTF?

    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.

    1. Anonymous Coward
      Anonymous Coward

      that's the US DOJ for ya...

      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!)

      1. Anonymous Coward
        Anonymous Coward

        Re: that's the US DOJ for ya...

        You do know that Ripping them is not legal in all countries? (Ahem, USA?)

        1. The BigYin

          Re: that's the US DOJ for ya...

          "You do know that Ripping them is not legal in all countries? (Ahem, USA?)"

          Or even the UK.

          1. Danny 14 Silver badge
            Stop

            Re: that's the US DOJ for ya...

            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....

            1. oldcoder

              Re: that's the US DOJ for ya...

              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.

        2. Anonymous Coward
          Anonymous Coward

          Re: that's the US DOJ for ya... (legality of ripping media)

          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.

    2. JohnG

      If he had deleted the files concerned, they would likely have accused him of destroying evidence.

    3. Psyx
      Stop

      "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...?

  2. Stephen 2

    Welcome to two weeks ago.

    That is all.

    1. diodesign (Written by Reg staff) Silver badge

      Re: Welcome to two weeks ago.

      Funny, you say two weeks ago when the linked-to Twitter posts date from 22 Nov. Riddle me that.

      C.

      1. Anonymous Coward
        Thumb Up

        Re: Welcome to two weeks ago.

        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.

  3. JaitcH
    Happy

    US 'Justice' at work ... Let's Do a Deal.

    For once what passes for US 'justice is being challenged by some one who has slightly deeper than your average 'perp'.

    And he won't keep quiet which is no doubt upsetting the 'Justice' Departments usual SOP..

    Good for DotCom.

    1. Thorne

      Re: US 'Justice' at work ... Let's Do a Deal.

      Usually when they take all your money and take you to court, they go bankrupt or plea deal out. They're not use to someone fighting back and using the media to make them look like idiots

      1. Anonymous Coward
        Anonymous Coward

        "look like idiots"

        "look like idiots" you say? They don't look like idiots because they are idiots. There is much that the current DOJ that has done that is against the law but no one is holding them accountable.

  4. Anonymous Coward
    Anonymous Coward

    Entrapment + DotCom

    Arrrg, you just put a mental image of DotCom dressed in a skin-tight cat-suit ala: Catherine Zeta Jones!

    Look, now it's in YOUR mind too!

    1. Alpha Tony

      @a mental image of DotCom dressed in a skin-tight cat-suit

      Argh! It burns! It burns!

      1. Crisp

        The Goggles

        They do nothing!

  5. MrZoolook
    Holmes

    I thought it was common knowledge...

    ... that evidence was routinely planted or fabricated in an attempt to secure a conviction.

    Hell, not just the police and courts... even the Bush administration have jumped on that band-waggon.

  6. CmdrX3
    WTF?

    and in other news....

    Barack Obama defeats John McCain to become first black US President. Seriously Reg, Are you guys using fucking pigeons to receive your latest news updates.

    1. Beau
      Facepalm

      Re: and in other news....

      Sadly I must agree, lately several other tech. rags, seem to be much better at staying up to date on stories than Vulture Central.

      Including joke of jokes, the old BBC!!!

    2. yakitoo

      Re: and in other news....

      Still trying to decrypt the message attached to the pigeon in the fireplace.

      1. Danny 14 Silver badge

        Re: and in other news....

        aha the pigeon

        SEND MORE BEER (stop) MAKE SURE IT ISNT THAT RUDDLES CRAP (stop) PEANUTS WOULD BE NICE (end)

    3. kain preacher

      Re: and in other news....

      Well according to fox news they are still counting the votes

  7. scrubber
    Pirate

    $2.6 billion

    Do the users get a cur of that to replace their (torrents) legal data?

  8. Anonymous Coward
    Anonymous Coward

    You guys aren't seriously contemplating the possibility that Kimble is telling the truth?

    1. Mad Mike

      Why not

      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'.

      1. Psyx
        Stop

        Re: Why not

        "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.

    2. Tyrion
      Joke

      The US marshals didn't, at least not at first. But considering he's a fugitive in the eyes of the law, he'll have a hard time proving his innocence.

  9. Senior Ugli
    IT Angle

    as much as i hate the US corruption and one law for us another for you, these dotcom stories are getting mighty repetetive, and its getting annoying seeing his fat head pop up all the time

  10. Ilsa Loving
    FAIL

    Seems normal to me

    This is what can be expected as a regime heads into decline. Soon they'll be demanding people pay bribes just so loved ones can get jobs, like happened in the Roman Empire.

    Corruption? What corruption? Oh hang on... there's a knock at my door...

  11. Philip Lewis
    Big Brother

    Brazil !

    See Title

  12. Anonymous Coward
    Anonymous Coward

    Next...

    ...Mr. Dotcom will claim there is an Easter bunny. This lad is in for a big reality check.

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