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The Courts Your Rights Online

US DOJ Claims It Did Not Entrap Megaupload 246

angry tapir writes "The U.S. Department of Justice did not mislead a court and attempt to entrap file storage site Megaupload on copyright infringement charges, the agency said in a new filing in the case. Megaupload's charges that the DOJ conspired to entrap the site on criminal copyright charges are 'baseless,' an official with the U.S. Attorney's Office for the Eastern District of Virginia wrote in a court document filed last week. Earlier this month, Megaupload filed court documents saying that in 2010 the DOJ asked the site, through its hosting vendor, to keep infringing files as part of a DOJ investigation, then later charged Megaupload with copyright infringement."
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US DOJ Claims It Did Not Entrap Megaupload

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  • Bill Clinton (Score:5, Insightful)

    by TemperedAlchemist ( 2045966 ) on Monday January 14, 2013 @08:59PM (#42587605)

    And I didn't have sexual relations with that woman!

    • Re: (Score:2, Funny)

      by Anonymous Coward

      Comparing a case of cheating with what the DOJ did, is like comparing a case of matrimonial beatings to Hitler himself.
      Bit over the top, don't you think?

      • Re:Bill Clinton (Score:5, Insightful)

        by Anonymous Coward on Monday January 14, 2013 @11:33PM (#42588475)

        Godwin, really?

        GP was just providing an example of a another lie that was just as unbelievable in both its veracity and its outrageousness.

        Let's see a show of hands of how many actually believe that the MPAA/RIAA, um, I mean USA government acted legally, legitimately and in good faith?

  • by Anonymous Coward

    "Well your honor, the DOJ said we should 'keep' the evidence, and we thought that meant, distribute it through myriad of links, some of which we created to keep it alive.... so we were the victims of entrapment, and by entrapment, I mean intentionally pretending to misunderstanding something in order to try to create outrage from the headlines that might swing a decision in our favor."

    • It was more than just keeping the evidence. They were not supposed to interfere with the user regarding the investigation so as not to arouse suspicion. Suspending/deleting the video seems like it could have easily done that.

  • He said/She said (Score:5, Interesting)

    by gabereiser ( 1662967 ) on Monday January 14, 2013 @09:02PM (#42587625)
    Only the logs will tell... Wasn't the claim by Kim Dotcom that the DOJ requested to host on his network files pertaining to copyright infringement and then, a year or so later, busted him for copyright infringement and took his network down? His smoking gun is the communiqué between his company and the DOJ and the log files of said uploads and access, which are on the servers the DOJ took, which are probably no longer there... ...and the cycle continues. Honestly if I was on that jury I would acquit due to lack of undeniable evidence... Yes, megaupload servers hosted some copyright infringement material, is Megaupload responsible? Absolutely not, unless they themselves uploaded the content. It was written in the user agreement NOT to use the service for hosting of copyright material so it's a matter of finding the users responsible and punish them... oh, sorry, right, that would require actual detective work, of which the DOJ has forgotten how to do.
    • Re: (Score:2, Insightful)

      Strictly speaking Megaupload was not ordered by the DoJ to do anything to these files. The people who were ordered to do something were Megaupload's hosting provider, which told Megaupload not to do anything that would tip off the "owners" of these files.

      The exact legal implications of this are unclear, but I'd say it makes Megaupload's defense much trickier unless they can get Carpathia to document that the DoJ wanted those files kept.

  • They would say that wouldn't they.
  • don't know whether it is true or not, but it is not exactly entrapment when the investigating body asks you to continue doing something illegal while they investigate, but it could be some sort of 'under color of authority' deal where it is not right for police to tell you to do something (or continue to do something) illegal either.

    Of course, if MU were already hosting illegal materials before this point then they were presumably still/already infringing....but along with some pretty questionable co-operat
    • Hosting illegal material is not a crime under DCMA. Not deleting it once they receive note is. But they couldn't delete any file because DOJ told them there was an investigation under way and the files were evidence. Destroying evidence is a crime.
  • They had to have (Score:5, Interesting)

    by metrix007 ( 200091 ) on Monday January 14, 2013 @09:06PM (#42587647)

    There was no due process involved in that case. If the court was not misled, then the court is corrupt and had knowledge of what was going on when the warrants were issued.


    • by gl4ss ( 559668 )

      well, the DOJ is now saying that there were no communications between them and megaupload.

      so they didn't notify them of the crimes happening on their servers now? according to doj anyways. of course why the fuck would they have since it never was an american company to begin with..

  • US DOJ (Score:5, Interesting)

    by Anonymous Coward on Monday January 14, 2013 @09:08PM (#42587669)

    Didn't follow the damm law either.

    if you wan't to fight crime i think you need to start in your own ranks first. Everyone involved in this little episode of illegality deserves to goto jail.

    It's ironic the biggest criminals in this case... Were the people making the case. Broke actual long standing laws internationally. Not iffy 'infringment' things you could argue either way.

    • by Hatta ( 162192 )

      It's ironic the biggest criminals in this case... Were the people making the case.

      That's not ironic, that's to be expected. The US government is one of the largest criminal organizations in the world.

  • by Anonymous Coward on Monday January 14, 2013 @09:11PM (#42587693)

    The government lies and gets caught all the time. There is almost zero recourse for it.

    Here is as much recourse as I have ever seen and I have looked:


    • The government lies and gets caught all the time. There is almost zero recourse for it.

      That second sentence there is the #1 argument for libertarianism. Not that private stuff is always better or more efficient, but when things go wrong with the government, they really can go wrong. And there's not much you can do about it.

      • by dbIII ( 701233 )
        So without a government what the fuck does a private citizen do when another citizen with more guys with guns on their side does them wrong? Guess what - there's not much you can do about it, apart from banding together with others, and guess what, forming something like a government so you can have something like the rule of law.
        WTF is it with you selfish anarchists wrapping up in a flag and taking the name of Liberty in vain?
  • by stenvar ( 2789879 ) on Monday January 14, 2013 @09:11PM (#42587699)

    You get these kinds of problems with criminal copyright infringement charges from the federal government: they are subject to political pressures by various powerful industry groups, they have extremely high costs for the targets even if unsuccessful, but the people responsible can't be held accountable. Criminal penalties for copyright infringement should just be abolished; they serve no useful purpose.

  • by mbone ( 558574 ) on Monday January 14, 2013 @09:25PM (#42587787)

    This is a non-event - prosecutors basically never admit error, until they are forced to.

    On this subject, there is a White House petition to Remove United States District Attorney Carmen Ortiz from office for overreach in the case of Aaron Swartz [].

    • Thank you; I've just signed it. Not because I expect it to do any good, but because I'm curious about just what self-serving excuse the administration will come up with for not getting rid of a government official who doesn't understand the limits of his authority.
    • by Mitreya ( 579078 )

      On this subject, there is a White House petition to Remove United States District Attorney Carmen Ortiz from office for overreach in the case of Aaron Swartz.

      I should sign it, of course -- but I do wonder if she will get to write a response to that petition
      (why not, it would be only fair, since TSA director got to respond to the "ban TSA" petition).

  • Dotcom's claims were only "baseless" in the sense that they were not base and evil, unlike the DOJ's behavior in this case.
  • This conundrum seems to be pretty simple if you think about "evidence" versus "a business model."

    If the government tells you NOT to delete infringing content -- that doesn't mean you have to MAKE IT AVAILABLE. So it really isn't a contradiction for the government is they go after files that got a DMCA take down notice but were still available for download.

    If they made the issue about "don't delete" and then penalize them for not deleting -- that's pretty stupid, and they've killed their case.

    It seems strang

    • Believe it or not, it's actually not that simple. The government did not merely ask Megaupload to not delete evidence - they asked Megaupload to avoid doing anything that might alert anyone that there was even an investigation. Actually, the government asked Carpathia to ask Megaupload. Go figure...

  • by sjames ( 1099 ) on Monday January 14, 2013 @11:57PM (#42588591) Homepage Journal

    Given the corrupt stench pervading this whole sorry affair, I'm finding it hard to believe anything coming from the prosecution.

    • by Nyder ( 754090 )

      Given the corrupt stench pervading this whole sorry affair, I'm finding it hard to believe anything coming from the prosecution.

      yeah, no shit. Megaupload has been saying lets do this in court from the get go. And the USA has been doing what it can to avoid court, after what appears to be a bunch of illegal activities getting the evidence over here.

      My guess is this never goes to court.

      • by Mitreya ( 579078 )

        My guess is this never goes to court.

        They do not need it to go to court.
        Megaupload is dead and buried -- and others have probably learned their lesson: piss off the wrong people and you will be wiped out, no matter what the law says.

      • No need for courts.

        Megaupload is down; mission accomplished.

  • And in other news, ancient romans claim they didn't kill Jesus.

  • Yeah yeah, DOJ sucks.

    Bunch of old farts who think they are god.

    Biggest bunch of crooks ever.

    Oh and your a bunch of lazy slack old shits in diapers, who dont know what work is. Lets hope the depression hits hard, and you loose your jobs and wifes coz your so poor.

  • by ThatsNotPudding ( 1045640 ) on Tuesday January 15, 2013 @08:34AM (#42590173)
    The same folks that were going to send a script kiddie to PMITA prison for more years than murderers for downloading publicly-funded research papers? The same folks that would rather storm-trooper raid medicinal marijuana stores than even investigate the crooked bankers that destablized the world economy?

    Believe them? Nope; not anymore.
  • by Martin S. ( 98249 ) <Martin.Spamer@ g m a i> on Tuesday January 15, 2013 @09:00AM (#42590307) Homepage Journal

    Internet Lobby that is powerful as the Gun Lobby.

The human mind ordinarily operates at only ten percent of its capacity -- the rest is overhead for the operating system.