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Posted by on Aug 16, 2012 in Intellectual Property, Internet |

U.S. judge orders reveal all the evidence against Dotcom

U.S. judge orders reveal all the evidence against Dotcom

The extradition of United States has suffered a setback a few hours ago. U.S. officials had insisted that it was not necessary to disclose the evidence against the founder of and its partners. Well, the trial judge has ordered New Zealand reveal all the evidence against them , including details of undercover operations and confidential discussions with rights holders.

The news is the answer to requests for Dotcom, who had asked Judge Harvey that forced the U.S. to disclose evidence against him and the other defendants.

While the defendants were defending their right to build a defense based on the evidence against them, the United States argued that there was no such right. A struggle that has resulted in the judge’s words Hervey:

In my opinion, there should be fairness and balance must be reached in the hearing, otherwise the case file would become virtually exclusion and put the extradition process in danger of becoming administrative, not judicial.

After the judge’s words, U.S. authorities have tried to make a move with a judicial review the decision of Harvey. For several hours the Supreme Court has ratified the decision of the judge.

In the words of Judge Winkelmann, has dismissed the petition for review because without the disclosure of evidence the accused could not mount a complete defense in the extradition hearing:

Without disclosure the accused will be significantly limited in their ability to participate in the hearing, and the state would have a significant advantage in terms of access to information.

And what is what is required to disclose? According to the judges, for the audience to continue, the U.S. and the FBI to disclose all the elements that argue against Dotcom. A statement setting out the following:

  • All records or information and / or material provided or obtained in the investigation. This material and in case of belonging to the owners of rights shall be accredited by them as alleged violation or infringement of copyright.
  • All records obtained or generated in connection with the covert operations carried out by those involved in research related to this process, including loading / unloading of data and files on Megaupload.
  • All records and materials relating to communications between the relevant rights holders and their employees and Megaupload.

As we see, the case has given a few hours for a major shift. A small (large) victory for the founder of Megaupload and other defendants. United States shall disclose all information so far kept secret.

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