Tuesday, July 16, 2013

DOJ Responds To Megaupload's Accusations Of Misleading The Court... By Misleading The Court

We talked a few times now how Megaupload argued that the key elements of the command used to criminally charge the company and its principles were mislead the court. In particular, Megaupload said that part of the "evidence" was that Megaupload criminal conspiracy knew of the illegal activity on the site, but he chose to do nothing about it. However, like Megaupload made clear in his presentation, the reason I knew it was because it was reported that the content has been the subject of a federal investigation, and that the "evidence" should be preserved . As mentioned in our last post on the subject, the Department of Justice went straight to hosting partner Megaupload, Carpathia, to let them know about it. Carpathia pleaded with the Ministry of Justice to speak directly with Megaupload (after receiving assurances that Megaupload was not the target), but the Ministry of Justice denied the request.

However, given that this was evidence of possible criminal activity, Carpathia said about Megaupload, which implies that the Department of Justice has made clear that Megaupload should not delete files.

Onsite government Megaupload avoid contact directly, rather alternative Carpathia on your behalf. (See June 25, 2010 Send to Phil Hedlund Mathias Ortmann and Kim Dotcom, Ex 1 ("Know that we have tried to convince the government to work directly with Mega in this area, but given the complexity of the jurisdictional issues were placed ").) Far Megaupload warning that the government thought it was part of a criminal organization in the world, the government, even when they call the" Mega Conspiracy ", the government, through his anointed agent Carpathia , Megaupload represented that "[w] e have no reason to believe that the [sic] MegaUpload is the purpose of the investigation."
Megaupload
cooperated with the government Carpathia and willing to voluntarily provide the government files identified in the sealing order Pursuant to express government warnings -. Megaupload that sent the order and instructions Carpathia sealing - Megaupload Prevent indicates that something was going on, or otherwise interfere with the investigation, the retention of files in your original state without notifying users or the public that something had changed. At no time or Carpathia Government indicate that Megaupload can or should delete the files listed in the order of their storage cloud platform without compromising the confidentiality of the investigation to the contrary, they suggest that much less Megaupload was legally obliged to do so as not to be complicit in criminal conspiracy going.



The Department of Justice has responded to these requests, and is made in his typically misleading. example, insists that Megaupload is cheating on his presentation, because the Department of Justice has never spoken Megaupload directly. they leave out the integer part of the conversation to MJ Carpathia, who was talking to Megaupload if you want to keep the evidence in question, without the risk of being deleted. But not in the version of the Ministry of Justice, this is just fantastic talk Megaupload.


Megaupload means and documents relating to the mandates in question refutes the allegation that the government misled the court as part of a plot to trap Megaupload. For example, Megaupload alleges that the "affirmative government [LED]" Megaupload keep some files on their servers .... However, Megaupload does not cite a single communication between the government and Megaupload or a single report of any member of the government Megaupload, there is nobody.
note the absence of any mention of Carpathia communications between the Department of Justice and the Carpathia, or between Carpathia and Megaupload. This seems relevant information to the Department of Justice just jump right away.
Is this really the best argument that the Department of Justice can put forward? presentation also highlights the Department of Justice has made other arguments against Megaupload in their presentations - which is true - but that does not mean that the questionable aspects of some of the main claims simply be ignored by the Department of Justice of their choice.
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