There is nothing like a little drama, just as there is nothing quite like seeing the big copyright holders having to actually prove their case. In no other recent case has this been more important than the in the criminal copyright case against MegaUpload. If you remember the Us DoJ went after the file sharing site some of their managers and the owner Kim Dotcom. Since the seizure of all of their servers property and money there have been some pretty major issues with not only actual evidence, but the warrants, seizure and more. There is even some talk that the DoJ committed some pretty bad procedural errors that might get the whole thing thrown out.Well it seems that some of the little issues with the case are being brought forward as more information comes out about what the FBI has (or rather does not have) in terms of evidence for the actual seizure and arrests in the first place. Judge David Harvey, who is the New Zealand Judge Presiding over the case has given the New Zealand Law Enforcement Officials three weeks to hand over ALL evidence against MegaUpload.
The request comes through a request submitted by the Lawyer representing MegaUpload in preparation to stop an extradition to the US. The DoJ wants to have the trial in the US (where there is move influence from the copy right industry). So far the DoJ and New Zealand Law Enforcement have not actually been all that forthcoming with the evidence so Judge Harvey wants to see everything.
Harvey also has allowed the removal of the ankle bracelet tracking device and has allowed Kim Dotcom to go back into his own home. Dotcom has not been allowed in there since it was seized on January 19th. This move could be a bad thing for the US DoJ and the copyright holders that spawned the multi-national, multimillion dollar operation to bring down one of the largest file sharing sites. This move has cost many non-copyright infringers to lose profits, vital documents and even their own copyrighted material as the seized servers are still not accessible. Carpathia Hosting has also lost a considerable amount of money as they have been required to maintain the servers without pay since their seizure.
We now have to wonder what recourse all of these people (and companies) have if the extradition is not successful and the case is lost by the US. If there was no justification for the original seizure is the US Government and the copyright industry liable for damages?
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