Megaupload pushes court to dismiss criminal copyright case

The U.S. government should not need more time to substantiate its prosecution, according to a court brief

Megaupload filed a court brief on Thursday asking a judge to decide next week whether to dismiss criminal copyright infringement charges, a request that could result in a quick end to the court case against the company.

The file-sharing site contends that federal criminal procedures dictate that a company must be served a criminal summons within the U.S. Megaupload's headquarters were in Hong Kong, and it never had an office in the U.S., according to the brief, filed in U.S. District Court for the Eastern District of Virginia. Megaupload was never served.

The U.S. government has asked that a hearing scheduled for June 29 be adjourned since members of its prosecution team will be out of the court's district on that day, the filing said.

Megaupload's position is that the U.S. government "should not need additional time to substantiate the basic premises of its prosecution, which has already laid waste to defendants' business, deprived them of tens of millions of dollars in assets along with their ability to earn a living, and branded them as criminals whose liberty is confined."

If a judge grants the motion, it would only affect the charges levied at Megaupload as a corporate entity, said Ira P. Rothken, Megaupload's attorney.

The file sharing site was shut down Jan. 19 after criminal copyright infringement, racketeering and money laundering charges were filed against two companies, Megaupload and Vestor Limited, and founder Kim Dotcom. Also charged are Finn Batato, Julius Bencko, Sven Echternach, Mathias Ortmann, Andrus Nomm and Bram Van Der Kolk.

The case marks first time a provider of cloud storage services had been charged with criminal copyright infringement in the U.S., with prosecutors alleging Megaupload caused more than US$500 million in damages to copyright holders.

Send news tips and comments to jeremy_kirk@idg.com

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Jeremy Kirk

IDG News Service
Show Comments

Brand Post

Bitdefender 2019

Taking cybersecurity to the highest level and order now for a special discount on the world’s most awarded and trusted cybersecurity. Be aware without a care!

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Luke Hill

MSI GT75 TITAN

I need power and lots of it. As a Front End Web developer anything less just won’t cut it which is why the MSI GT75 is an outstanding laptop for me. It’s a sleek and futuristic looking, high quality, beast that has a touch of sci-fi flare about it.

Emily Tyson

MSI GE63 Raider

If you’re looking to invest in your next work horse laptop for work or home use, you can’t go wrong with the MSI GE63.

Laura Johnston

MSI GS65 Stealth Thin

If you can afford the price tag, it is well worth the money. It out performs any other laptop I have tried for gaming, and the transportable design and incredible display also make it ideal for work.

Andrew Teoh

Brother MFC-L9570CDW Multifunction Printer

Touch screen visibility and operation was great and easy to navigate. Each menu and sub-menu was in an understandable order and category

Louise Coady

Brother MFC-L9570CDW Multifunction Printer

The printer was convenient, produced clear and vibrant images and was very easy to use

Edwina Hargreaves

WD My Cloud Home

I would recommend this device for families and small businesses who want one safe place to store all their important digital content and a way to easily share it with friends, family, business partners, or customers.

Featured Content

Product Launch Showcase

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?