It looks like the very controversial MegaUpload lawsuit may have all been a waste of money and time after it was discovered that the U.S. lacked jurisdiction to shut down the file locker giant.
The U.S. governmentâ€™s hasty decision to shut down MegaUpload and file a copyright infringement lawsuit may have all gone to waste after it was discovered that they had no jurisdiction over the company to carry out such an order.
[font=Arial,Helvetica,sans-serif]It turns out that for a company and its founders to be brought to a U.S. court (according to the Federal Rules of Criminal Procedure), the company in question must have an agent or company based in the United States. Since MegaUploadâ€™s headquarters and agents are based in Hong Kong, this means that the U.S. had no right to interfere in the operations of MegaUpload. It was also clarified that using U.S. based file servers (Cogent and Carpathia) is not enough to make them liable for prosecution in the United States.[/font]
[font=Arial,Helvetica,sans-serif]As a result of this finding, MegaUploadâ€™s lawyers have now filed a motion in the District Court for the Eastern District of Virginia to have the case thrown out, allowing MegaUpload and other related companies to be freed of charges. While Kim DotCom could still be extradited, the procedure inadvertently protects the company itself from being sued.[/font]
[font=Arial,Helvetica,sans-serif]They also filed a separate claim to recover $US67 million in assets to help pay for DotComâ€™s and other employeesâ€™ legal fees. Going to the other side of the globe, the U.S. is still trying to extradite Kim DotCom so he can stand trial.[/font]
[font=Arial,Helvetica,sans-serif]There has been no official come from the U.S. Courtâ€™s end and any future reports will come out from future court cases.[/font]
[font=Arial, Helvetica, sans-serif]http://tvnz.co.nz/na...n-court-4710828[/font]
[font=Arial, Helvetica, sans-serif]Source: Whatshawt[/font]