A New Zealand newspaper report that it is possible that in many places the highly anticipated trial against file-sharing platform-founder Kim Schmitz can not even take place in the United States. Reason is believed to be among other things, the fact that Megaupload does not fall under the jurisdiction of the United States.
The responsible U.S. District Judge Liam O’Grady should have expressed skepticism about whether it can ever come to a trial in the United States. The reason he sees that the company had been informed by the U.S. authorities do not formally enough about the allegations. He also said that he regarded the disagreements regarding the data on the 1100 mega uploads servers as premature. Probably because the process is not so far advanced as that this point would be relevant.
If said data is probably to those of the deletion of the Parties to the dispute disagree . While Megaupload wish them to storage in order to preserve evidence and thereby also on the Electroic Frontier Foundation (EFF) is supported, in favor of the U.S. plaintiffs deletion. In their view, otherwise they could so the costs arising out of the way.
Also requires the judge a more detailed clarification of the fact, why not timely Megaupload was agreed in writing by the allegations. That the FBI responsible for this task is not fulfilled, he sees as discrimination against Megaupload.
The U.S. attorney for Schmitz thinks the reason for this non-delivery took place to know. According to his view, it is not legally possible, deliver the documents marked with the appropriate charges, as Megaupload does not fall under the jurisdiction of the United States.
Meanwhile, a New Zealand Court currently deals with the question whether the extradition to the United States is legally possible. These were issued against Kim Schmitz and six of his staff issued an arrest warrant. In this they are accused of having committed copyright infringement, or at least encouraged. Of the lawyers who work for the United States before the New Zealand Court, is currently arguing that Kim Schmitz and six other people were doing this as part of a criminal organization.
Behind this argument is the idea that can be made to extradition to the U.S. only from an impending sentence of five years. This requirement would be met, should this reproach be confirmed by the court.
If the accusation of belonging to a union kriminiellen not hitting, so only the “normal” copyright infringement would be in space, which are only in New Zealand with a penalty of up to four years under threat. Extradition would be well off the table.
Meanwhile, also worked on the assets of Schmitz’s wife back to return them. Such funds and valuables were confiscated during his arrest along with his. The assets of Schmitz ‘, which was then confiscated, despite lack of formal requirements, but remains still in official custody. In this regard, last week issued an injunction.
