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Re:Why Kim Dotcom hasn’t been extradited 3 years after the U... by Symmetry on Monday January 19, 2015 @07:27AM (#8911588)
I'm curious why think he's guilty of the charges against him. Now, he's obviously guilty of civil copyright violation and can probably be sued into bankruptcy. But criminal copyright infringement requires mens rea and internal company transcripts show that the people at MegaUpload thought that they were within the law on some technicalities. They weren't but a reasonable belief that they were means that this wasn't criminal copyright infringement.
Re:Why Kim Dotcom hasn’t been extradited 3 years after the U... by corin_ on Monday January 19, 2015 @08:06AM (#8911714)
Not only am I not a lawyer, I also don't know/remember many of the details of this case. And I said likely, not definitely, guilty in my opinion.

Regarding mens rea, I imagine it's tougher to argue that you thought you were legal technically than to argue you had no idea you might be breaking the law? E.g. Someone who has never heard of magic mushrooms but find then growing and sells them has a better chance of not being convicted for selling illegal drugs than someone who knows and had researched the laws and thinks they have a technicality to allow them to sell? Of course that's assuming they were wrong about the technicality.

Re:Why Kim Dotcom hasn’t been extradited 3 years after the U... by new299 on Monday January 19, 2015 @08:39AM (#8911849)
Just, in case it's of interest, statements from Kim suggest that he was trying to comply with the DMCA. That all major studios has direct access to the platform to delete links. I personally find the issues unclear, as obviously to a degree as he suggests below, Youtube and other providers are in a similar position:

"Well, of course everybody knows that the internet is being used for legitimate and illegitimate uses. I think every online service provider has the same challenges that we have. YouTube, Google, everybody is in the same boat. So what you need to understand here is that we provided the content owners with an opportunity to remove links that were infringing on their rights. So, not only did they have an online form where they could take down infringing links, they had direct delete access to our servers so they could access our system and remove any link that they would find anywhere on the internet without us being involved. They had full access and we’re talking about 180 partners, including every major movie studio, including Microsoft and all big content producers and they have used that system heavily and you need to understand that that system was not even something that was even required by the law. We provided that voluntarily and they have removed over 15 million links."

From: http://www.3news.co.nz/tvshows/campbelllive/kim-dotcoms-firs...

Re:Why Kim Dotcom hasn’t been extradited 3 years after the U... by Pyxl101 on Monday January 19, 2015 @09:13AM (#8911958)
An objection that I heard mentioned previously: removing the links didn't remove the actual content, which could be available through another link (or hundreds of links, some in private forums, etc.). So actually getting content off the platform was tough. Mentioned in: http://arstechnica.com/tech-policy/2012/01/why-the-feds-smas...

On the other hand, who can say whether content is illegal in all contexts. Perhaps your pirated movie is my legitimate backup.

Re:Why Kim Dotcom hasn’t been extradited 3 years after the U... by new299 on Monday January 19, 2015 @09:28AM (#8912025)
Yes, I guess it could be argued that this is part of the way they managed their deduplication system, and that once all links had been removed the context would be removed. Certainly similar arguments could probably be used for copyrighted material on Dropbox, and I imagine there maybe a deduplication on Youtube, and similar issues also.

If this really is the only issue it seems like quite a weak case to me, as with more diligence the copyright holders could have removed all copies. But I guess we'll never know all the details.

Re:Why Kim Dotcom hasn’t been extradited 3 years after the U... by Consultant32452 on Monday January 19, 2015 @11:54AM (#8912708)
Well, it literally cost a user nothing to create a new link to the same data. Meanwhile the copyright holder would have to submit a DMCA take down for every single link before a new link could be created. Also, MegaUpload changed their policy to only allow one request at a time. So you couldn't, for example, submit a list of the thousand links to your movie. You'd have to submit 1,000 DMCA take downs. I think it's pretty obvious they were doing everything in their power to drag their feet and facilitate copyright infringement.
Re:Why Kim Dotcom hasn’t been extradited 3 years after the U... by acqq on Monday January 19, 2015 @04:14PM (#8914115)
"Dragging one's feet" isn't a crime.
Re:Why Kim Dotcom hasn’t been extradited 3 years after the U... by Consultant32452 on Tuesday January 20, 2015 @04:55AM (#8916181)
Dragging your feet is a crime if it's reasonable to believe that the purpose of dragging your feet is to facilitate crime. And I think anyone with a brain recognizes that's what was going on.
Re:Why Kim Dotcom hasn’t been extradited 3 years after the U... by acqq on Tuesday January 20, 2015 @05:12AM (#8916233)
Try to figure out how his service was fundamentally different than Youtube except for later being owned by superrich Google. Let's bet that Google earned more money by distributing unlicesed material than Kim could in 10 of his lives.

Then consider how much years Google needed to start to be even slightly effective. Wasn't that dragging the feet?

The justice for small guys and superrich is not the same. Kim is a small guy in this comparison.

Re:Why Kim Dotcom hasn’t been extradited 3 years after the U... by Consultant32452 on Wednesday January 21, 2015 @09:22PM (#8927154)
No, google meaningfully acted to abide by the DMCA take downs and over time progressively improved its tooling to facilitate that. Mega did the exact opposite.
Re:Why Kim Dotcom hasn’t been extradited 3 years after the U... by undefined0 on Monday January 19, 2015 @11:53AM (#8912701)
Not only was it reachable by the other links to the file, the file ID which had been DMCA'd could regenerate links via the premium account API. So warez sites could automatically regenerate megaupload links everytime a file gets a DMCA. Surely this is incriminating?
Re:Why Kim Dotcom hasn’t been extradited 3 years after the U... by nickysielicki on Monday January 19, 2015 @03:10PM (#8913777)
IANAL but I think not, he's still complying with the DMCA.

All Megaupload needed to do was allow copyright holders to play the cat and mouse game of takedowns to be within the law. A DMCA takedown doesn't have the oversight from a judge or anything, it can be totally wrong and there's really no reprocussions (as we've seen on youtube multiple times, this occurs frequently.)

You cannot expect Megaupload to delete the content from their servers, as their business is data retention. You also cannot expect Megaupload to flag files as DMCA'd and not allow them to ever be downloaded, the fact that their entire business model is people sharing content and the sheer amount of DMCA requests they recieve makes it impossible for them to investigate each case properly.

The DMCA protects him by simply allowing takedowns of a single link. The content can stay, and he can stay within the bounds of the law by some external individual creating an additional link to be inevitably DMCA'd again.

[deleted]
Re:Why Kim Dotcom hasn’t been extradited 3 years after the U... by abhorrence on Monday January 19, 2015 @03:57PM (#8914020)
Parent was discussing mens rea ("guilty mind"). Essentially there are certain classes of crimes where whether or not you were of guilty mind (you knew or had reasonable suspicion that what you were doing was illegal) actually matters somewhat, usually for sentencing purposes.
Re:Why Kim Dotcom hasn’t been extradited 3 years after the U... by belorn on Monday January 19, 2015 @11:51AM (#8912685)
Thinking that something might happen is not the same as having an intent to cause it to happen. That would make every reader of Cardinal Richelieu to have mens rea to any crime. I also know that by visiting HN I might cause enough drain on their servers that a server breakdown happens, yet I have no intention to cause that.

What the prosecutor might argue however, is that mens rea is not needed for cases of assisting criminal copyright infringement. This is what happened in the pirate bay trial, as the prosecutor brought up precedent cases in which an friend of an accused held up a window during a burglary, and got sentenced even if he was not aware what his friend was up to.