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Monday, April 9, 2012

The Megaupload - Kim Dotcom Case: Overkill

While browsing though cases in PACER this morning, I decided to take a quick look at the Megaupload / Kim Dotcom case. There are other defendants also and Kim is not alone. I chose to download a list of documents, mainly because so many other documents in this case have been sealed. What is with the lack of transparency?

I suppose that I initially believed this case to be valid, but I have now changed my mind. If you read my only other post about the Megaupload indictment and Kim's alleged part in the business, you are aware that I was happy to see the file sharing sites taken down, but at the same time I disagreed with prison or jail for the participants. Well, I suppose that this is still the way I feel, though I now consider the case to be serious overkill.

Racketeering? Really? He may as well have run a worldwide escort service. On the federal level a racketeering count is not as serious as it is in the State of Florida. Kim faces up to 5 years on that one count alone. I faced up to 30 years on that count in my Florida prosecution. Of course Kim Dotcom also faces various other counts. He really needs to ready himself to face a trial in the US, unless the government opts to make a great plea offer of course. However, it is unlikely that any such offer would involve no prison time.

What is going on with the many sealed documents in this case? I stared at a lengthy list of documents that were unavailable to me because they were sealed. This is what prompted me to download some documents that were available. I do not like the lack of transparency here.

Really I am sorry that I ever wished the man anything negative at all, regardless of anything else. This is an overwhelming and messy case care of the US government and often situations are not exactly as they seem to be at first look. Anyway, I uploaded some documents to my website and the list is here:

Megaupload Case Cover Sheet

Megaupload Attorney Substitute - Filed 5 April 2012

Megaupload EFF Letter - Filed 3 April 2012

Megaupload Motion for Protective Order - Filed 20 March 2012

Megaupload Notice of Hearing - Filed 5 April 2012

Megaupload Motion - Filed 6 April 2012

All documents can also be found by going directly to the Updates (Documents) page of my website. In time all documents are removed, so if you want a copy, save it.

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