Megaupload Lawyers Ask for Judge to Restore Business - seayiling1998

A U.S. judge should permanently discount a U.S. Section of Justice criminal pillowcase against file cabinet-sharing and storage website Megaupload or allow the company to endeavor to rise its business until the DOJ serves the company with the charges, a lawyer for Megaupload argued Friday.

When Jurist Liam O'Grady questioned Megaupload's motion to for good dismiss the criminal copyright charges against IT, Megaupload lawyer William Burck suggested the approximate could require the DOJ to start over by refiling the charges after serving officers of the keep company with the charge. In that case, the DOJ would have to release the Megaupload website and some of the United States $60 meg it seized from the company in January.

Until the DOJ can serve the company, Megaupload "should have the opportunity to try to rehabilitate itself," Burck aforesaid during a earshot in the U.S. District Court for the Eastern District of Virginia.

Lawyers for Megaupload have asked O'Grady to dismiss the deplorable case because the DOJ seized the Hong Kong company's site and assets without service of process it with the charges. O'Grady didn't decree on Megaupload's motion Friday, but said the display case involved several "absorbing issues."

Megaupload has argued that DOJ has profaned U.S. rules for criminal procedure by non attempting to serve Megaupload, but O'Grady suggested the DOJ could serve the company through a mutual assistance law enforcement treaty with Hong Kong or when officers of the company are extradited to the U.S.

It's unlikely that Congress, when creating the rules for service of process criminal charges, supposed that a company could "violate our laws indiscriminately from an island on the Pacific," O'Grady said.

Megaupload founder Kim Dotcom is fighting extradition to the U.S. In earliest July, a New Zealand judge rescheduled an extradition hearing for him from August to next Marching.

The felonious procedure rules provid alternative ways of serving companies in civil lawsuits, merely not in criminal cases, Burck said. The rules of criminal subroutine require service to be made to an ship's officer of a caller and by ring armou to the last known address to the company in the U.S., but Megaupload has no U.S. address, and the Department of Justice has made no attempts to serve the company, Burck said.

The DOJ could have filed a mutual assistance request with Hong Kong operating room brought a civil suit — in which case Megaupload could have continued to go — but it chose not to, he aforesaid. "We father't opine it's a error they did this," he said. "We think they did it by design."

By seizing the website and assets of a company incorporated in a foreign country without serving it with charges, the DOJ is undermining the reign of Hong Kong, Burck argued.

The U.S. Department of Justice Disagrees

DOJ lawyer Ryan Dickey argued that there's no time specify for service of criminal charges. The DOJ intends to serve up the outlaw charges against Megaupload to Dotcom and other company officers when they are extradited to the U.S., He said.

Dickie-seat discounted Burck's arguments that Congress hasn't allowed criminal charges to be filed against foreign companies. In recent years, Coitus has made IT "crystal definite" it intends to destination a world problem of copyright infringement, he said.

"The heart of the issue is endure a foreign defendant … can commit crimes in the United States and in that zone and ne'er be brought to justice," Dickey said.

Dickey conflicting Burck's suggestion that O'Grady require the DOJ to refile the charges after serving Megaupload. Acquiring a new indictment through a grand panel would be a "huge pine away of resources," he said.

Grant Gross covers technology and telecom policy in the U.S. government for The IDG Newsworthiness Service. Follow Grant on Twitter at GrantGross. Accord's e-send address is grant_gross@idg.com.

Source: https://www.pcworld.com/article/460234/megaupload_lawyers_ask_for_judge_to_restore_business.html

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