Friday, February 8, 2013

Court Says Case Against Megaupload Can Continue, Despite Not Being Able To Serve The Company

We covered one of the questions most frequently in the case Megaupload: if the U.S. Department of Justice could get away with charging Megaupload (company) not found in the United States. It would not affect people who have been charged separately, but the case against the business entity encountered a problem. Since Megaupload is not the presence of the company in the United States, and the letter of the law is pretty clear that you have to serve companies accused of violations of criminal law in the United States, if one worried Megaupload could even be charged. The Department of Justice argued that none of this mattered because in mind

should be able to deal with foreign companies if you are in the United States States. Megaupload respond, noting that the Department of Justice must not only be done until you think the law should be when the law says otherwise.


unfortunately - but perhaps not too surprising - the court sided with the Ministry of Justice said the case against Megaupload, the company can go ahead, although the company is not served in the U.S..

Judge O'Grady echoed the government's belief that the rules were not intended to be interpreted by the escape of foreign defendants. He writes: "It is doubtful that congressional approval stamp with a procedural rule that allows a defendant companies intentionally violate the laws of this country, however, exclude the jurisdiction of the courts of the United States regarding not establish a direction here. "



The judge will make his own interpretation of Article 4, saying it sent a summons to the direction of the company is the alter ego even as sending quotes to own company. Often this means send it to the national subsidiary of a foreign company here could mean Kim Dotcom if ordered to be extradited at a later date.



"While the government could prove that the accused is a alter ego of the company, the government could satisfy the requirement of Article 4 E-mail a copy of the assigning one of the individual defendants once the accused is extradited to the neighborhood, "the judge wrote.
I can see the judge's reasoning here, but it seems a slippery slope argument big enough for some fairly broad powers to the United States to continue through the country world. Imagine how the U.S. government governments act if everyone says the same thing? It seems that if Congress really wanted the Department of Justice to go after foreign companies, it should be stipulated in the law.
Looks like Megaupload intention to appeal this decision to get a higher court to consider this question.

Find best price for : --Megaupload--

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