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Topics relate to adult business, the War on Drugs, political prosecutions, censorship, and police, prosecutorial, and judicial misconduct

Smiling Faces - The Undisputed Truth

Monday, April 9, 2012

The Megaupload - Kim Dotcom Case: Overkill

While browsing though cases in PACER this morning, I decided to take a quick look at the Megaupload / Kim Dotcom case. There are other defendants also and Kim is not alone. I chose to download a list of documents, mainly because so many other documents in this case have been sealed. What is with the lack of transparency?

I suppose that I initially believed this case to be valid, but I have now changed my mind. If you read my only other post about the Megaupload indictment and Kim's alleged part in the business, you are aware that I was happy to see the file sharing sites taken down, but at the same time I disagreed with prison or jail for the participants. Well, I suppose that this is still the way I feel, though I now consider the case to be serious overkill.

Racketeering? Really? He may as well have run a worldwide escort service. On the federal level a racketeering count is not as serious as it is in the State of Florida. Kim faces up to 5 years on that one count alone. I faced up to 30 years on that count in my Florida prosecution. Of course Kim Dotcom also faces various other counts. He really needs to ready himself to face a trial in the US, unless the government opts to make a great plea offer of course. However, it is unlikely that any such offer would involve no prison time.

What is going on with the many sealed documents in this case? I stared at a lengthy list of documents that were unavailable to me because they were sealed. This is what prompted me to download some documents that were available. I do not like the lack of transparency here.

Really I am sorry that I ever wished the man anything negative at all, regardless of anything else. This is an overwhelming and messy case care of the US government and often situations are not exactly as they seem to be at first look. This should be a civil case and not a criminal prosecution.

3 comments:

Anonymous said...

You wrong on your assumption that megaupload was a file-sharing website, it was in fact an online media storage platform much like rapidshare or any other legal website, please get your facts right next time you post an article

An example of a file sharing service is BitTorrent or limewire which is not the same as what megaupload was intended for.

Vicky Gallas said...

Well, you are not talking to the dipshit of the day here. My so-called "assumptions" came from statements in the indictment and personal knowledge. Subscribers shared files on the various Megaupload sites. This was supported by the business, the business model, and the bonuses paid to those subscribers that had high downloads to files uploaded.

Are you going to pretend that no person or party's copyright was violated with the file sharing that transpired with permission of those running the business? lol

It was indeed intended to be used exactly as it was used. As if anyone would pay to advertise on the sites if each was simply an online media storage.

Yeh, I'm familiar with limewire. My son was using it back in the beginning. He's 25 now, but has been online since he was 7 or 8. Never assume that I'm a dumbass on the topic of filesharing.

I still consider it overkill, even though you think I'm your idiot of the day. Probably should have been a civil case alone.

Vicky Gallas said...

Had to call my son and ask, but the first he recalls using was Napster and then later Kazaa.

It was Kazaa that killed my hardrive. I woke-up one morning to start some research for a college course and my PC was on Caracas time with pop-ups flying at me non-stop. That is when I took a serious interest in his music downloading and sharing.

I had him write me an essay on the effects to the music industry and why he shouldn't be using filesharing sites. He did surprise me with the essay though and turned it into show-and-tell. I had not realized how much money, even at that age, that he spent on CDs, concert tickets, and merch. He had 6-inch thick albums (several) filled with CD covers signed by band members and half tickets from all the concerts. His main point in th essay and show-and-tell was that he couldn't possibly know if he liked a CD or a new band until he listened to them first and if he did like them, he bought their merch (t-shirts, stickers, and later hoodies etc...) and went to their concerts. His massive CD cover collection with autographs was his proof.

He showed me. His life still evolves around music. Not many out there like him though...