Megaupload Defendants Get Internet Access Back; Kim Dotcom Allowed To Record An Album
from the conditions-of-bail dept
When Kim Dotcom was granted bail, we noted that it was rather silly that the conditions of bail included a ban on internet access. It appears that pretty much everyone involved in the case has actually agreed, and the terms of bail have been adjusted to allow all of the Megaupload defendants to have internet access. The US didn't even object to this request (which surprises me, actually).What the US did object to, however, was Dotcom's request to be able to go to a nearby recording studio to complete an album he is supposedly working on. The US seems to question whether this album really exists as well as its likelihood of commercial success. However, the judge notes:
This Court cannot speculate on the success or otherwise of Mr Dotcom’s venture. The numerous varieties of modern musical genres suggest that there are probably unimagined audiences available, and modern legitimate digital distribution systems are changing the face of the music market. I could venture to suggest that notoriety alone could well be a marketing angle for Mr Dotcom’s venture.In the end, he does allow Dotcom to go to the studio, but with specific requirements, including having to notify officials when he's going there, and only staying for four hours at a time. He has to alert officials when he arrives, at the 2 hour mark, and 5 minutes before he leaves -- and he's supposed to do so with a photo of himself on a smartphone (if he has a smartphone).
The US also objected to allowing the four defendants to meet in person, saying that by allowing them internet access, they could just Skype each other. However, the court agreed with the defendants that Skyping is not the same as actually meeting in person and is allowing that as well (again, in a limited fashion). The court notes that the "flight risk" that the US keeps worrying about appears to be exaggerated, though it's still keeping pretty strict limits on Dotcom and the others, and may revisit the rules in the future.
Of course, I'm still wondering why internet access was banned in the first place. It seems like such an overaggressive ban on something that's so central to the ways in which everyone communicates these days.
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Filed Under: bail, internet access, kim dotcom
Companies: megaupload
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Everyone knows that the Internet is a series of pipes - they may all crawl off down those pipes and escape to Thailand
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Timing is Everything
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Erm, I can't help but wonder where this position comes from. Surely, its commercial success should be irrelevant. The government should certainly not be blocking people from working on art, regardless of the profit to be had. Even if it's a non-commercial venture, then so what? They've already seized his day job, is he not supposed to have a hobby as well now? The only thing I can think of to object to is that it's a way of mocking the music industry he supposedly "stole" from and so shouldn't profit from it, but that's a long stretch.
"modern legitimate digital distribution systems are changing the face of the music market"
I wonder if the judge realises the irony of this statement, considering that one of those distribution systems is the very thing the defendant is on trial for in the first place (and yes, it's a "legitimate" system when it was used by artists to distribute their own work)...
"and he's supposed to do so with a photo of himself on a smartphone (if he has a smartphone)."
That would have made for an interesting contradiction if the internet ban had been upheld - he'd have been blocked from accessing the internet but compelled to use a device that can access any wifi network!
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@PaulT
In the U.S. there are strict rules disallowing any possible profit from one's alleged or convicted crime(s). Profiting from one's notoriety from a crime is illegal in itself in many situations.
I'm not defending such a distracting side-complaint by the US, just offering a possible reason based on the rules the US usually plays by.
I'd think the Skype argument would be argued more fervently, as obviously Skype could be used to allow collaboration among defendants. Then again, so could numerous other forms of communication.
PG
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Re: @PaulT
"I'd think the Skype argument would be argued more fervently, as obviously Skype could be used to allow collaboration among defendants. Then again, so could numerous other forms of communication."
Without literally locking him up in solitary confinement 24 hours a day before trial, there really isn't anything they can do to stop him communicating in some way. Skype at least allows them to monitor conversations without blocking his life completely. Not ideal, but it's something.
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Re: @PaulT
Yes this is a serious question.
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Re: @PaulT
He should still be able to create an album or write a book...he just can't put it up for sale. Plus, the industry would claim he had billions in lost sales anyhow...a net loss.
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Re: @PaulT
But he's not doing this in the US so that doesn't apply. Secondly, we don't know what the content of the album yet will be so to say that it will include content directly related to the case is a bit premature. Third, to say that because of his notoriety gained in this case would help with sale of an album that may be completely unrelated to the case is a broad over-reaching interpretation of the law such that ANYONE with any notoriety could be prevented from having commercial success in ANY commercial venture regardless of how unrelated that venture may be since the notoriety would affect it that is not in the intended spirit of the law.
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Re: @PaulT
Since he has yet to be tried, much less convicted, there's no "crime" to profit from.
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Why No Internet Access
To which my question was: why is that illegal?
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Re: Why No Internet Access
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Thats a very well put questions my friend, no doubt if asked, a typical politicians response would ensue, seing as the answer is likely to be a, yes.
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How accurate that is in reality would be up for debate, but that wouldn't stop them from trying.
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Why the fuck would Kim Dotcom have resources that the prosecution team has yet to seize, thereby allowing a Megaupload resurrection?
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Trying to tamper with that jurisdiction never worked well for anyone, especially the USA, and the USA rarely tries to.
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i doubt, but wouldn't put it past them, if the US has managed to 'bug' the property, but Skpe would be fairly easy for them to listen in on. they dont want any sort of defense allowed at all. the only reason the files are still on the Mega servers is so they can look through them to gain 'evidence' and let the politicians and service personnel that used the service can get their files back. once they have all they think they need, those servers, which Kim and co are not allowed near, will magically be wiped, preventing help in their defense.
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You'll have my money and respect
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Response to: Anonymous Coward on Apr 3rd, 2012 @ 2:13am
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'likelihood of commercial success'
To follow up with some simple maths: 1,000,000 unknowns make a record which each sells 10 copies thats over a billions of dollars stolen from Legitimate Record Makers of USA. Hundreds of millions of people will lose their jobs in California alone!
.com must die.
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Re: 'likelihood of commercial success'
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If Kim DotCom(I always get a laugh out of that name) is seen as an artist and if he manages to become somehow cool, that would be a problem, no prosecutor wants a jury sympathizing with the people who they are accusing.
The problem with people siding with him and not the MAFIAA is that when it goes to court half truths and ambiguities can be used by a jury to let him go and make no mistake the government doesn't have a strong case and they know it.
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odds of the US winning over a Jury in NZ on something like this without blatantly rigging the whole thing is somewhere between 'zero' and 'i didn't know negative numbers got that big'
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Any tyranny hates being ridiculed, and there's a good chance this album will do just that as far as I know.
And yes, the USA are a tyranny (but I believe anyone reading techdirt realized that already... aside from the usual corporate shills maybe).
So there you go. The fact that they would try to censor him on grounds that he would ridicule them is extra evidence that the USA is indeed a tyranny.
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This could have been another reason to object to record the album. It would surely look strange if the artists, whose rights are "defended" with the shut down of Megaupload, side with Kim Dotcom.
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Its only an "overaggressive ban" because you like piracy it seems, and don't really care about the rights others have, because you don't agree with them
Stay away from the others who helped you commit your crime etc.. except it seems they don't about that in that country
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Response to: Anonymous Coward on Apr 3rd, 2012 @ 4:15am
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Re: Response to: Anonymous Coward on Apr 3rd, 2012 @ 4:15am
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And he was tried (and convicted) when, exactly?
You HAVE heard of "innocent until PROVEN guilty, boy?
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Kind of like the USG not giving a shit about the innocent users who have been harmed in this whole fiasco.
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And so we have the beginings of a governmental ability to turn YOU into a non-person.
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And yet they let Disney make "John Carter".
ZING!
Thank you, thank you...
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Digital Distribution
Anyone else find that part unintentionally hilarious?
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That word describes the whole Megaupload case. You should be wondering why he was arrested and MU shutdown in the first place. But I know you are wondering, we are all wondering (and many of us know the answer).
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Megaupload Is A Library
Many libraries have been destroyed throughout history, by vandals, always for disgraceful reasons. The US entertainment industry has revealed itself as the latest in a long line of vandals. Libraries have high social status and fierce defenders. Getting that status for Megaupload would be advantageous.
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dubstep maker
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