By admin | June 28, 2012
The search warrants used to seize the Megaupload data have been found to be illegal and therefore without legal standing, a high court Judge in New Zealand ruled today.
Justice Helen Winkelmann said, the warrants failed to properly describe the offences to which they were related and it was unlawful for copies of Dotcom’s computer data to be taken offshore.
With the judgement, the entire case against Kim Dotcom has now become a highly embarrassing farce by the FBI. They have been legally negligent and bullying in their inept attempts to try to impose shaky US corporate copyright laws against a foreign national in a foreign country. The Judge made the point that without a valid warrant the Police were trespassing and exceeded what they were lawfully authorised to do.
The warrants did not stipulate that the offences of breach of copyright and money laundering were offences under the law of the United States. They do not refer to any law that would allow the subject of the warrant to understand the offences. She went on to say that the New Zealand domestic courts were the best place to determine compliance with domestic laws.
The warrants did not stipulate that the offences of breach of copyright and money laundering were offences under the law of the United States. They do not refer to any law that would allow the subject of the warrant to understand the offences.
This “would no doubt cause confusion to the subjects of the searches; they would likely read the warrants as authorising a search for evidence of offences as defined by New Zealand law”.
All the Data has been ordered to be returned to MegaUpload.
This of course does not clear Kim Dotcom of any New Zealand charges, but it does make it highly unlikely that any evidence would hold legal standing, and it most assuredly prevents the US from trying to extradite him to face charges in the US.
This is what you get when you try to abuse the principles and practices of international law. This whole episode has seen a frightening abuse of power by a large country over a tiny country. If we were talking about a serial killer or a terrorist, then we might forgive the aggressive bully boy behaviour of the US and FBI; but remember we are talking about a copyright law! The government acting on behalf of purely corporate interests. A government trying to act like the international police department for mega corporations. George Orwell’s 1984 had nothing on this kind of abuse of individual rights and national laws.
Now, don’t get me wrong, piracy is a huge problem, but then so is out and out greed and abuse of power: which is worse I ask you?
Copyright law is a civil licensing issue, not a terrorist offense and the people in power need to take a big breath and chill out. They need to remind themselves they are the servants of the people first, of citizens rights first, over corporate greed and pigheadedness. Why could they not have collected evidence online and then brought it to the civil courts to pursue any copyright issues?