Copyright infringement

Listen up fatty, give up already, you’re going sooner or later

Kim Dotcom thinks he’s winning. But the Crown had a message for him yesterday:

Evidence that Kim Dotcom was not allowed to present at his extradition hearing would not have helped his case anyway, the Crown says.

Mr Dotcom and his three co-accused – Bram Van der Kolk, Matthias Ortmann and Finn Batato – are appealing a North Shore District Court judgement ruling them eligible for extradition to the United States.

The US wants to extradite the men to face criminal charges of money-laundering and copyright breaches related to the defunct file-sharing website Megaupload.

At the beginning of the appeal, which is taking place in the High Court in Auckland, the men’s defence lawyers said the district court judge failed to keep an open mind and give meaningful consideration to their arguments against extradition.

Mr Van der Kolk and Mr Ortmann’s lawyer, Grant Illingworth, told the High Court that, crucially, the court had not let the men present evidence of unlawful US behaviour.

“[That includes] a massive search and seizure, manufacturing a situation of urgency in order to get procedural shortcuts … covering up the unlawful activities that preceded the [arrests], downstream attempts to cover that up including a police officer giving incorrect information to this court, [and] unlawfully sending clones of hard drives overseas.”

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Tainted Fisher defends Dotcom, and gets it wrong

Fisher gagging on fatty German sausage again. ?It’s almost (b)romantic.

As Kim Dotcom waits for a judge to decide if he will be extradited to face criminal copyright charges, a former employee is walking out of jail after serving time on the FBI accusations the internet tycoon continues to deny.

Andrus Nomm had three years of anxiety over the charges resulting from the FBI operation against the filesharing business Megaupload.com. They were claims of a vast criminal copyright conspiracy operated through one of the world’s most popular websites.

Then, earlier this year, Nomm ended the waiting by cutting a deal with United States prosecutors. The result – a 366-day sentence (with an early parole), three years of supervision and a US$175 million judgment.

A database of federal prisoners has Nomm listed as due for release today.

A?database eh Tainty boy? ? Nothing beats on-the-spot intel. ?Whaleoil’s reporter who visited Nomm can confirm he isn’t due for release until next month. ? Read more »

And now we wait…

Get used to Orange fatty

Get used to Orange fatty

Kim Dotcom’s time-wasting to prevent extradition is almost at an end. The case has now been heard and the judge must go away and decide whether or not he can extradited.

The Kim Dotcom extradition hearing has finally wrapped up – six weeks after it was due to finish.

Now Judge Nevin Dawson has the unenviable task of wading through hundreds of pages of evidence and hours of submissions to make the decision on whether the internet entrepreneur and his three co-accused are sent to the United States to face a trial.

The FBI laid charges in January 2012 when Dotcom, Mathias Ortmann, Bram van der Kolk and Finn Batato were indicted on 13 charges including copyright infringement, racketeering, money laundering and fraud.If found guilty, the men could face lengthy jail terms.

The German-born mogul was not at Auckland District Court today to see the climax of the case. He tentatively limped out of court yesterday grimacing with back pain after a fall at home and his attendance was excused. ?? Read more »

Final desperate death throes of Dotcom?s non-existent defence

Kim Dotcom is going to win the gold medal?for clutching at straws.

Kim Dotcom’s lawyer has accused the Crown of including irrelevant evidence to prejudice the public against his client.

During the first week of the extradition hearing — which has now come to the end of its eighth week — Crown prosecutor Christine Gordon, QC, acting for the US government, drew the court’s attention to a comment by the internet entrepreneur calling New Zealanders “dumb”.

“Aussies, just as dumb as kiwis,” Dotcom allegedly told a co-defendant Matthias Ortmann.

“Hehe,” Ortmann responded. ?? Read more »

Go on, you got to laugh: Dotcom?s lawyer says TPP clears Kim of copyright charges

Fatty Boomsticks goes on another fruitless search for legal relevance.

He is just a complete waste of the court’s time and resources.

Lawyers for Kim Dotcom say the Trans Pacific Partnership (TPP) backs their view that internet service providers are protected from copyright infringement.

Mr Dotcom and three other men face extradition to the United States on copyright, money laundering and racketeering charges.

It relates to their website, Megaupload, and the hearing is into its eighth week.? Read more »

Another pointless distraction in the Dotcom circus

When your legal arguments have all been exhausted and you are relying on some possibly missing paperwork to save you you know your goose is cooked.

The hearing to decide whether Mr Dotcom, Mathias Ortmann, Bram van der Kolk and Finn Batato should be sent to the US to face copyright and money-laundering charges, over their file-sharing website Megaupload, continued today.

North Shore district court services manager Fiona Parkes – a witness for the Crown – today produced several documents she said appeared to be copies of the extradition requests.

Mr Dotcom’s lawyer Ron Mansfield pointed out the documents were not date-stamped and asked Ms Parkes if she knew whether any originals existed. ?? Read more »

Copyright ?three strikes? process is working just fine

Wah, wah, wah, the music industry, which makes billions, is complaining about the oppressive cost of our copyright regime.

Illegal downloaders are escaping punishment as record companies give up chasing them through the courts.

Just one complaint has been laid, and upheld, with the Copyright Tribunal this year, compared with four last year and 18 in 2013.

The recording industry say the process, which takes too long and costs too much, is stopping them from holding people accountable.

To get nabbed for illegally downloading, rights holders such as film studios or record labels have to identify an illegal downloader and file a notice with their Internet Service Provider (ISP). The ISP then passes the notice to the account holder with each notice costing $25. Three notices are required within a 12-months before a complaint can be laid with the tribunal.

At that point, the complainant has to pay $200 to formally lodge it. ?? Read more »

No more delays for Dotcom says judge

Headache

Headache

Tick, tock, time’s nearly up for Kim Dotcom after a judge turned down his request to delay his extradition proceedings until October.

NBR reports:

Kim Dotcom and his co-accused have lost a bid to delay their extradition hearing to October this year.

The US government wants Mr Dotcom and co-accused Finn Batato, Mathias Ortmann and Bram van der Kolk to go the US to face copyright infringement charges for their roles in file-sharing site Mega Upload. ? Read more »

Eminem sues John Key

Or so the media would have you believe. ?The truth is that it’s some rights company that is suing National, in spite of the fact National purchased what it believed was the rights to the song from an agent claiming to act on behalf of Eminem’s publisher.

The publisher of United States’ rap star Eminem is taking the National Party to court, with a hearing set down for next week.

Last year it was revealed that Eight Mile Style LLC and Martin Affiliated LLC, the Detroit-based publishers of Eminem’s copyrights, intended to sue the The National Party.

They allege the National Party breached copyright by using a song that sounded similar to Eminem’s ‘Lose Yourself’ in its campaign advertisements throughout the 2014 election.

Eight Mile Style will be taking a civil case against the New Zealand National Party, with a hearing scheduled for next Friday at the High Court in Wellington.

Eminem’s publishers claimed they were not approached for permission to use any of Eminem’s songs for the campaign advertisement.

The National Party rejected those allegations and said the music was purchased by the book.

At the time, National’s campaign chairman Steven Joyce said National stopped using the music in its advertising after the publishers contacted them.

It was pretty legal. ? In the sense that it wasn’t, but they thought it was. ? If you thought Sabin was a beat-up, what about this? ? ?Eminem’s publisher is basically a dickhead for even taking out civil action against National for what was an unintentional breach. ? Read more »

Rod Oram is no fan of Dotcom, hands out harsh medicine to the fat man

Rod Oram takes time out from lecturing at the Young Labour Summer School and gets right up Kim Dotcom and his fanciful claims in the Sunday?Star Times, expect David Fisher to start running a twitter attack against him in short ?order….or at the very least to spout forth arguments ion Kim’s behalf.

Dangerously for us, however, Kim Dotcom has plunged into this gap. The man and his business models are the absolute antithesis of what the internet and this country need.

He dangles a glittering prospect others have offered before: he says we could generate jobs, wealth and taxes if we turned ourselves into one of the world’s great data storage sites. After all, we have abundant, cheap and renewable electricity to power the servers. All we’d need is bigger cables to connect us with the world and a change of laws to make us the Switzerland of data secrecy.

He claims his new services, if they were based here, would within three years generate more traffic than the rest of NZ online activity combined. But everything is wrong about this proposition, from the economics to the practicality and morality.

So far Oram is the only media person to get up Kim Dotcom and called him on his bullshit, he goes further.? Read more »

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