Justice Department Calls Megaupload Case A Success; Hands Out Cash To Cops To Do More Bogus Takedowns

from the shameful dept

Back in 2010, we wrote about Attorney General Eric Holder talking up how excited he was to create a special "IP Task Force" within the Justice Department. It was, effectively, an admission that he was happy to play Hollywood's business model protection officer on the public dime. Since then, of course, the DOJ has been involved in a fairly stunning set of disastrous attempts to "enforce" IP law -- including seizing and censoring two separate sites for over a year without real due process or evidence. Then there's the questionable attempt to deport a UK student for creating a web forum.

And, of course, the master of all screwups, the Megaupload case. Given all the info that's been released so far, you'd think that the DOJ would have a slam dunk against Megaupload -- but instead, the case has been a complete disaster for the DOJ, as every week we seem to hear about another error made in going after the company. Given how poorly the DOJ has come out in that case so far, you would think that Attorney General Holder wouldn't be highlighting it as a key example of a "success story" for his role as Hollywood's favorite inside man.

And yet... in a speech in which he talks about handing out cash to local police forces to become local versions of Hollywood's private police force, he uses Megaupload as a shining example of the success of this "Intellectual Property Theft Enforcement Program." Of course, you'd think that the top lawyer in the country would know better than to falsely call infringement theft, but apparently Holder's very good at taking Hollywood's talking points without bothering to understand the actual law. Otherwise, he wouldn't have had to "give up" in the Rojadirecta and Dajaz1 cases, after it became abundantly clear that the DOJ was about to lose big time, and could face serious problems for its actions. Instead... he just cheers on the various abuses and failings in the Megaupload case as if they were successful:
In this year alone, we have prosecuted a number of significant IP cases. For example, in January – in one of the largest criminal copyright cases in U.S. history – the Department indicted two corporations and seven individuals with operating an international organized criminal enterprise responsible for massive worldwide online piracy of numerous types of copyrighted works, through Megaupload.com and other related sites.
Indicted, yes. But pretty much everything after the indictment has been an unmitigated disaster. There was the illegal raid on Kim Dotcom's home, which used the wrong documentation. There was the illegal taking of evidence out of New Zealand without permission. There was the illegally obtained intelligence info on Dotcom's location. There was the ridiculous SWAT-ification of the raid team, which New Zealand officials now admit was both overkill and a mistake. Basically, pretty much every action by the DOJ in the case has been a disaster. And this is what Holder is cheering on as he hands out money for local cops to do more of the same? Really?


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    Ninja (profile), Oct 4th, 2012 @ 5:23am

    The law doesn't seem to apply to the law enforcers in the US these days.

    In the end, if you think about it, they were all successes. They succeeded in breaking many laws without ever being held accountable for anything.

     

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      Simple Mind (profile), Oct 4th, 2012 @ 8:53am

      Re:

      If the highest level of law enforcement in the country cannot be bothered to respect the law, how can they expect the citizenry to do so?

      Another shining example of "do as I say not as I do" is how the president expects citizens to be fiscally responsible when he and congress are clearly not.

      The guys at the top should be shining examples of how they expect everyone to behave. But they are the exact opposite of that. And then they are surprised when others just follow their lead.

       

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      Mason Wheeler, Oct 4th, 2012 @ 9:32am

      Re:

      Inter arma enim silent leges. The more things change...

       

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      gorehound (profile), Oct 4th, 2012 @ 9:45am

      Re:

      The US Government is very happy to shit on our Constitution whenever they feel like doing that.
      Kim Dotcom Case shows you just how low this Government has sunk.A truly illegal operation which broke Laws to do it and they fucking gloat over it like it was a great example of stopping PIRACY.
      Well my Government................You can just kiss my ASS.
      "It was, effectively, an admission that he was happy to play Hollywood's business model protection officer on the public dime. Since then, of course, the DOJ has been involved in a fairly stunning set of disastrous attempts to "enforce" IP law -- including seizing and censoring two separate sites for over a year without real due process or evidence. Then there's the questionable attempt to deport a UK student for creating a web forum. "
      My answer to you is you can just lick a dog's butt.I am getting angrier and angrier at these so called Politicians and their Lobbyists and the large Corporations who pay off Politicians.
      One of these days this Century these greedbags will get one big rude Awakening.

       

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        Hephaestus (profile), Oct 4th, 2012 @ 3:44pm

        Re: Re:

        "One of these days this Century these greedbags will get one big rude Awakening."

        They seem to be telling greater and larger lies over the past ten years. Everyone is noticing it except them. It really doesn't bode well for them.

         

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          Jonathan, Oct 4th, 2012 @ 5:22pm

          Noticing, but then what?

          Not bloody much. The legal forms of protest aren't effective, and the effective forms of protest aren't legal. If one were paying attention, one might suspect that the US government isn't interested in participation, just continuing consent.

           

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      Anonymous Coward, Oct 4th, 2012 @ 12:18pm

      Re:

      Mike Masnick just hates it when copyright law is enforced.

       

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        Rikuo (profile), Oct 4th, 2012 @ 12:35pm

        Re: Re:

        Mike Masnick just hates it when copyright law is enforced...to absurd levels to the detriment of society and at the cost of many of our fundamental freedoms.

        Fixed That for you.

         

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        Anonymous Coward, Oct 4th, 2012 @ 12:35pm

        Re: Re:

        Here's a hint: if you're breaking a fuckton of other laws in your supposed "enforcement", it should and in fact does raise a lot of alarms in the minds of reasonable people. Suffice to say you do not number amongst them.

         

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        The Groove Tiger (profile), Oct 4th, 2012 @ 1:32pm

        Re: Re:

        Anonymous Coward just loves it when all laws except copyright are broken.

         

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        Ninja (profile), Oct 4th, 2012 @ 7:21pm

        Re: Re:

        I am in awe in front of the obfuscating wisdom your comment has bestowed the discussion... Not.

        Thanks for playing though.

         

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    Tim K (profile), Oct 4th, 2012 @ 6:20am

    They succeeded in making Dotcom look like the good guy and the DOJ like a bunch of idiots. And they did succeed in taking it down now for almost a year despite there numerous failures.

     

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      Zakida Paul (profile), Oct 4th, 2012 @ 7:24am

      Re:

      Exactly. I what fucked up world would this be considered a success by the people trying to demonise Dotcom? The mind boggles.

       

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        The Mighty Buzzard (profile), Oct 4th, 2012 @ 8:03am

        Re: Re:

        In the world where they believe his site being down for a year actually did anything at all to hinder piracy. If they were correct in that belief, it would have been a major accomplishment since they did it without having to actually prove anything at all in court or spend much money.

         

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          The eejit (profile), Oct 4th, 2012 @ 8:28am

          Re: Re: Re:

          The irony is that it alkso took considerable revenues out of a particular section of the tech industry without "fair recompense". Thus, my the DoJ's definition, the recording industry and the movie industry have both been stealing from legitimate businesses.

           

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          Another AC, Oct 4th, 2012 @ 8:28am

          Re: Re: Re:

          If the goal was to only take down the site then that explains things. Somehow I doubt the goal was to actually prosecute anyone - the *IAA's probably just wanted the site down, and if their puppets manage to get someone sent to prison then great but that would just be icing on the cake.

           

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        Baldaur Regis (profile), Oct 4th, 2012 @ 8:51am

        Re: Re:

        They succeeded in weaning people off the bloated and outdated .avi format that was common in file lockers.

        They succeeded in introducing thousands of former locker users to the speed of torrenting.

        They succeeded in making people understand the differences between civil and criminal copyright issues.

        They succeeded in showing the world the breadth of the corrupting influences of the entertainment industry.

        DOJ FTW!

         

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        Ed Allen, Oct 4th, 2012 @ 8:56am

        Re: Re: success

        It is a success in that it has already intimidated some sites to fold before they got to bw next on Hollywood's hit list.

        It is a success in demonstrating that the DOJ will ignore or outright break laws to bankrupt any site trying to stand up to them and then they will drop the charges, hand back the domains, and pretend no damage was done. But the runation is not missed by the threatened targets. Even the lack of a judge willing to help them fight back adds to the fear.

         

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        Anonymous Coward, Oct 4th, 2012 @ 10:36am

        Re: Re:

        I(n) what fucked up world would this be considered a success

        Ye Olde Corporate World

         

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    Anonymous Coward, Oct 4th, 2012 @ 7:23am

    obviously the man is a complete chump, using his position to do the bidding of friends of friends in Hollywood etc. but then again, the best form of defence, so it is said, is attack. by saying how successful this absolute disaster has been, stops anyone from looking more closely at what really happened. how he is still in this job after such complete fuck ups is amazing! i am sure the public have the greatest of confidence in him!!

     

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    Anonymous Coward, Oct 4th, 2012 @ 7:25am

    It seems like all the issues you bring up are NZ's fault, and not the DOJ. Their lack of self control isn't a US issue.

    Would you like to rephrase?

     

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      Zakida Paul (profile), Oct 4th, 2012 @ 7:32am

      Re:

      At whose behest do you think NZ where acting? The US DOJ were very much pulling the strings here and they do indeed look like idiots.

       

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      Anonymous Coward, Oct 4th, 2012 @ 7:34am

      Re:

      The FBI was getting a live feed of the whole thing. Effectively, NZ was following US orders, and issues are coming up because proper protocol wasn't observed.

      You're just mad that the DOJ couldn't get away with it despite it dearly wanting to do so.

       

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    • This comment has been flagged by the community. Click here to show it
       
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      average_joe (profile), Oct 4th, 2012 @ 7:34am

      Re:

      I don't see how the case is not a success so far for the U.S. Dotcom et al. are all indicted and awaiting extradition. All those mistakes occurred in NZ and have no bearing on the case in the U.S. Seems like the anti-copyright apologists guild is just trying to spin this as a loss for the U.S. Anything to spread FUD on a copyright case, I suppose. No surprise there. The only way Dotcom can win this thing is on a technicality. On the merits, he's toast. I have no doubt that the jury will convict. So yeah, trying to spin this as a win for Dotcom and a loss for the U.S. is silly pirate-apologism.

       

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        Josh in CharlotteNC (profile), Oct 4th, 2012 @ 7:51am

        Re: Re:

        Law enforcement breaking the law, and violating the human rights of anyone (even criminals), is no technicality.

        And mistakes made in other countries certainly effect a case here. Mishandling and mismanagement of evidence calls into question the entire chain of evidence. Having private industry involved at such a level brings into question the impartiality of the investigators.

        Keep on spinning AJ. Even you know this is nothing short of a debacle.

         

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          Anonymous Coward, Oct 4th, 2012 @ 8:04am

          Re: Re: Re:

          You know what's cute, AJ is supposedly going to be an attorney one day. You'd think someone studying the law would be able to at least acknowledge all the legal screw-ups ON THE PART OF BOTH COUNTRIES regarding Kim Dotcom/Megaupload.

          Then again, this is Average "WHY WON'T YOU DEBATE ME?!?! RAWR!" Joe. The same man who claimed his icon was not infringing, yet when called out on it and asked to explain why it wasn't he'd rebut with "I've done so before and I'm not going to again, but trust me... it's not", then changed his icon within days.

          Average_Joe. Future lawyer. I can't wait to run up against him in a court of law one day. If anything the settlement I'll receive from HIS mishandling and misapplication of the laws will more than make up for all the asinine things of his I've read on this site (as well as brain cells killed by reading such "brilliance"). And I say that and base it on his inability to see the current screw-ups. Meaning he'll do the same thing himself one day.

           

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            Anonymous Coward, Oct 4th, 2012 @ 9:07am

            Re: Re: Re: Re:

            The way AJ is handling law you'd think he's playing an Ace Attorney game on the side of the prosecution. Pulls all sort of bullshit moves, conceals evidence from the judge, fucks with the evidence, and in the end still demands that you have to prove motivation or it's game over for you.

            He'd probably consider this as a compliment, never mind the fact that Ace Attorney was designed based on the fact that Japan's judicial system is completely scuppered.

             

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              Cory of PC (profile), Oct 4th, 2012 @ 10:43am

              Re: Re: Re: Re: Re:

              Well, when I think of that, I don't see Joe dressed up in a maroon suit and wearing the... what is around Edgeworth's neck again? I think he'll make a better student for von Karma than Edgeworth.

              Plus considering with the talks of "guilty before innocent" in nearly every story relating to the law... I imagine we have adopted that belief from the games. Also when did the DL-6 case happened again? This year?

               

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                Anonymous Coward, Oct 4th, 2012 @ 12:34pm

                Re: Re: Re: Re: Re: Re:

                I prefer to think of Joe in the position of Winston Payne. Thinks he's schooled us all in the way of the lawyer until he gets owned by a bottle of Cold Killer X and loses all his hair, leaving him to scream in his comically whiny voice.

                Also the DL-6 case will happen in 4 years from now, assuming that the original DL-6 case happened in 2001, and 15 years later it almost expires.

                 

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            Anonymous Coward, Oct 5th, 2012 @ 12:16pm

            Re: Re: Re: Re:

            Paula Bean, is that you??? I knew you and your 'brillinace' were still out there somewhere...

             

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        arcan, Oct 4th, 2012 @ 7:55am

        Re: Re:

        except at this point it is highly unlikely that any of them will ever be extradited. Also, but illegally seizing evidence, they US lost ALL evidence that was acquired from Dotcoms house.

         

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        Anonymous Coward, Oct 4th, 2012 @ 7:57am

        Re: Re:

        ctrl-f "apologist"
        straight to average_joe again

        This is quickly becoming my favourite techdirt game.

         

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        Lowestofthekeys (profile), Oct 4th, 2012 @ 8:04am

        Re: Re:

        http://news.yahoo.com/fbi-believed-kim-dotcom-had-doomsday-device-capable-022531860.html

        So the FBI, which is based in the USA, did not make the mistake of lying to the NZ authorities abotu a magical device?

         

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        Anonymous Coward, Oct 4th, 2012 @ 8:18am

        Re: Re:

        When law enforcement breaks the law, everyone loses.

         

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        Anonymous Coward, Oct 4th, 2012 @ 9:03am

        Re: Re:

        Getting one's business destroyed, which supported the legal content of millions of users, is hardly what anyone would call a win.

        The only reason why this is all being painted as a win for Kim Dotcom is because the enforcement forces on the US, and the NZ agents at their beck and call, have performed so atrociously throughout this whole case it's not hard to be sympathetic for Dotcom.

         

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        Corby (profile), Oct 4th, 2012 @ 9:05am

        Re: Re:

        "I don't see how the case is not a success so far for the U.S. Dotcom et al. are all indicted and awaiting extradition."

        Dotcom et al has NEVER been served with an indictment. Megaupload has never been served with an inidictment because it cannot be served with one because the company is based outside of the US and a foreign company cannot be served under US law which is my understanding. If an indictment cannot be served because it is a foreign company according to US law then who is at fault for not getting an indictment served.

         

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        Milton Freewater, Oct 4th, 2012 @ 9:29am

        Re: Re:

        "So yeah, trying to spin this as a win for Dotcom"

        Please cite the sentence, paragraph or phrase in Mike's post in which he spins or implies that the case is a win for Dotcom.

         

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        Anonymous Coward, Oct 4th, 2012 @ 11:14am

        Re: Re:

        "The only way Dotcom can win this thing is on a technicality. On the merits, he's toast."

        What exactly are these merits of the case that you speak of? I personally have seen not one shred of evidence to suggest that any of the accused are guilty of conspiracy to defraud.

         

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        Anonymous Coward, Oct 4th, 2012 @ 5:43pm

        Re: Re:

        If you didn't use FUD in every post I would be disappointed.

         

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        JMT (profile), Oct 4th, 2012 @ 5:50pm

        Re: Re:

        "The only way Dotcom can win this thing is on a technicality. On the merits, he's toast."

        The merits? You mean like the way the FBI can't or won't present enough evidence to convince a NZ court to proceed with extradition? That they can't even show a court of law that there might be a case to answer? What exactly are these merits you claim to understand better than the courts?

         

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        G Thompson (profile), Oct 4th, 2012 @ 9:32pm

        Re: Re:

        To paraphrase an old quote:

        An indictment by the US is a ham sandwich short of a conviction!

         

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      Tim K (profile), Oct 4th, 2012 @ 7:36am

      Re:

      How about the DOJ not even being able to legally serve? Seizing the money from them, trying to claim Dotcom couldn't use a good lawyer. Wanting to destroy the evidence on the servers. Saying they can't go after Mega without SOPA then taking them down 2 days after SOPA blackouts, etc fail by DOJ

       

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    Spike (profile), Oct 4th, 2012 @ 7:26am

    Slam dunk? Not likely, nor was it ever.
    Of course its easy to assume that when one only has the DoJ's side of the story since the DoJ has been resisting the defense from even building a defense every step of the way, illegally.

     

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      Spike (profile), Oct 4th, 2012 @ 7:29am

      Re:

      Thats ignoring the whole issue of how they turned something that should had been civil into criminal, just so Hollywood never had to pay for it.

       

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    Josh in CharlotteNC (profile), Oct 4th, 2012 @ 7:42am

    Largest ever?

    "in one of the largest criminal copyright cases in U.S. history the Department indicted two corporations and seven individuals"

    2 companies and 7 people is the largest ever criminal copyright case?

    Wow, sure sounds like piracy is such a staggering problem that has destroyed an entire industry. This certainly justifies the millions of government tax dollars being spent on it.

    Just imagine when we get more than New Zealand to help! We could go after 3 companies and 9 individuals! That will be a case for the record books.

     

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      Anonymous Coward, Oct 4th, 2012 @ 1:51pm

      Re: Largest ever?

      Wasn't there a case where several record companies used recording from hundreds of artists without paying and two companies and 7 individuals is the biggest?

      Oh wait that was in Candad and it's not criminal cause the RIAA did it.

       

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    Anonymous Coward, Oct 4th, 2012 @ 7:45am

    One of the problems we have in America.

     

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    David, Oct 4th, 2012 @ 7:49am

    Indicted =/= Prosecuted


    In this year alone, we have prosecuted a number of significant IP cases. For example, in January in one of the largest criminal copyright cases in U.S. history the Department indicted ....

    That's a good example of an indictment, what about those prosecutions you mentioned.

    I also love how piracy can affect public health. I guess sharing Bieber songs is detrimental to our ears.

     

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    FuzzyDuck, Oct 4th, 2012 @ 7:50am

    But it was a success...

    It was a success, because the point was to destroy Megaupload and that succeeded.

    It was never about justice, it was about Eric Holder serving his corporate paymasters in Hollywood.

     

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    Anonymous Coward, Oct 4th, 2012 @ 7:52am

    To add to the list of sins, a New Zealand spy agency that is prohibited from spying on citizens and residents was spying on Dotcom. Dotcom is an New Zealand resident.

    The Prime Minister is responsible for exercising oversight over the agency. When it came out he was asked in Parliament when he first knew the agency spied on Mr Dotcom and he said September.

    Then it came out he was told in Febuary. At the same time this was coming out he was announcing his trip to Hollywood to talk to the movie industry big-wigs although he has no tolerance for 'conspiracy theorists' who suggest the meeting is a reward for the Dotcom actions.

     

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    Anonymous Coward, Oct 4th, 2012 @ 7:53am

    having been called out before by various senators, i would have thought that the last thing Attorney General Holder would want to do was leave himself open again to further scrutiny and accusations of being basically nothing other than an outright liar. i find it very hard to understand how public servants, regardless of how high their position, seem to think that they can say and do exactly as they want and have no recourse against them. all he is doing in this instance is condoning further illegal behaviour by other public servants, including police officers, as has already happened.

     

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      Anonymous Coward, Oct 4th, 2012 @ 8:07am

      Re:

      Because they actually do think they can say and do whatever they want and get away with it, and they're usually right.

      Obama ran an election campaign based on pointing out bad things the government was doing and promising not to do them. After he was elected, he did the exact same bad things, even more than his predecessors did. He'll probably get reelected, too.

       

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        Pixelation, Oct 4th, 2012 @ 8:22am

        Re: Re:

        " He'll probably get reelected, too."

        During this election year, we will keep hearing from Obama about how his fiscal policies have been a success.

         

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          The eejit (profile), Oct 4th, 2012 @ 8:36am

          Re: Re: Re:

          Well, to be fair to Obama, there aren't actually that many countries that have more than miniscule growth figures, and he's still doing a damn sight better than that ignorant shit we Brits have, economy-wise.

           

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            Anonymous Coward, Oct 4th, 2012 @ 9:33am

            Re: Re: Re: Re:

            We are so screwed.... and not in a good way...

             

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              Anonymous Coward, Oct 4th, 2012 @ 11:21am

              Re: Re: Re: Re: Re:

              Welcome to the voluntary human extinction project. Please keep your arms and legs inside the marginalized position members of the public are expected to occupy. Do not, under any circumstances, attempt to redirect, or even question, the path that has been selected for you.

               

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            Anonymous Coward, Oct 4th, 2012 @ 5:53pm

            Re: Re: Re: Re:

            Ya, more than doubling the US national debt, that's the stuff. Gimme moar!

             

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      Jonathan, Oct 4th, 2012 @ 5:12pm

      Guns are an effective defense against most recourse

      All the squawking was just partisan theater. You'll notice that the D party stays pretty much mum when it's one of their own doing the dirty work. I mean, it's what they were appointed to do, isn't it?

      A government free of corruption is an impossible dream. At best you can build a system where the corruption preferentially distributes its gains downward.

       

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    phillipmiller, Oct 4th, 2012 @ 8:05am

    In the end, if you think about it, they were all successes. They succeeded in breaking many laws without ever being held accountable for anything.

     

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    John Doe, Oct 4th, 2012 @ 8:20am

    It pays to fail

    This is very similar to what Circuit City did. The CEO fired their staff, hired them or replacements back at lower pay and then tanked their stock due to people boycotting the stores. The board was so happy to have the stock tanked they gave the CEO a million $ retention bonus. So apparently it pays to fail.

     

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    Anonymous Coward, Oct 4th, 2012 @ 8:35am

    In this case the success is taking megaupload of the internet at the behest of Obamas donors.
    The hell with taxpayer monies wasted in this effort.

     

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    Gregg, Oct 4th, 2012 @ 8:53am

    No one would remember, but Nazi Germany had a very good constitution and set of laws on the books for human rights, liberty and privacy. They technically were a democracy, had elections, members of Parliament, elected officials, courts and so on. The whole system was there and in place....

    Now mind you the SS \Gestapo didn't follow these laws and human rights when going forth and arresting anyone that they felt was criminal in the eyes of the Reich.

    As soon as the government justice system, prosecutors and police stop respecting the laws and human rights, then the country is no longer a democracy and is becoming the same as Nazi Germany.

    Hollywood is putting itself before the citizens of the US and the rest of the world. I think some one like Steven Spielberg who takes personal exception to the miss use of the term "Nazi" and "Holocaust" should really first take notice of what is happening to his own country and what part his industry is playing in that change.

     

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    Corby (profile), Oct 4th, 2012 @ 8:56am

    ""For example, in January in one of the largest criminal copyright cases in U.S. history the Department indicted two corporations and seven individuals with operating an international organized criminal enterprise responsible for massive worldwide online piracy of numerous types of copyrighted works, through Megaupload.com and other related sites.""

    Megaupload has never been served with an indictment so how can it be indicted when it hasn't and so far can't be indicted. How can you call it being indicted as successfull when it hasn't been served as per stated in the US court and so far can't because it is outside of the US which is being argued in US court right now. The mind boggles.

     

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    Clive Smythe-Byteme, Oct 4th, 2012 @ 9:16am

    You need to define "success"

    They succeeded in restraining Megaupload from doing business thus ticking off a deliverable to Hollyhell in this billion dollar Corporate States of America election year.

    Biden put his teeth in and smiled.

    Mission accomplished.

     

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    Dirkmaster (profile), Oct 4th, 2012 @ 9:28am

    When all you have are plastic lemons...

    You make imaginary lemonade.

     

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    Anonymous Coward, Oct 4th, 2012 @ 9:44am

    I don't understand why that incompetent eric guy is still employed.

     

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    Anonymous Coward, Oct 4th, 2012 @ 10:16am

    What must have been going through their minds.

    "Hey cops, you did such a great miscarrige of justice and nearly let the guy we were supposed to nab go free, but here, have some more money so you can fuck this up once again!"

     

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    Silver Fang (profile), Oct 4th, 2012 @ 11:11am

    The DOJ has only succeeded in making Kim Dotcom an Internet folk hero along with Julian Assange and Bradley Manning. Let them dig themselves in deeper. The cognizant know what they are doing and aren't fooled by their talk of "justice" and "intellectual property".

     

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    FreeWilly, Oct 4th, 2012 @ 11:45am

    Now that's comedy...

    Attorney General Eric Holder sounds like he's trying to be a comedian. I would give him a laugh, but I feel bad laughing at people with mental disorders.

     

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    Macrat, Oct 4th, 2012 @ 12:18pm

    In an Internet world, boudaries for legal claims can be broken.

    The Megaupload case is an exercise in requesting legal action that goes beyond the legal boundaries, because the Megaupload site operates in more than one country.

    What the legal rules boils down to is: If you accept money to provide a service to a member of a country, you accept all of the country's local rules and legal obligations. If you do not want to accept the rules of that country, you must proactively prevent any access, even through a third party operator, to that country's member. You also have to proactively monitor user actions, and to suppress any content that may be regarded as "not wholly the user's own creation" or taken as "unauthorized user creation utilizing an original copy of, or an unauthorized modification thereof, a copyrighted program." Failure to fully monitor and regulate such user content, would bring legal and tactical action against your company. If damages occur to neighboring unrelated websites as a result of tactical actions, such as server seizures, they have the right to sue you for their losses.

     

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      Rikuo (profile), Oct 4th, 2012 @ 12:42pm

      Re: In an Internet world, boudaries for legal claims can be broken.

      The Internet is borderless, true, but what you suggested above is completely absurd. The POINT of the Internet is to be borderless, otherwise Youtube would look at what's on its servers, see anti-Muslim videos and vigorously deny access to hundreds of millions of people in predominantly Muslim nations...plus what's this "even through a third party operator"? Are you seriously suggesting that if I'm in, say, Turkey and access Youtube through a VPN (during one of those times the Turkish authorities have banned access to Youtube) so it looks like I'm in Norway, Youtube should be held responsible?
      And oh god, do not get me started on how you think its all right for TACTICAL action (a.k.a SWAT style responses) can be brought against user generated content.

       

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    Anonymous Coward, Oct 4th, 2012 @ 4:15pm

    US is a fascist country.

     

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    That Anonymous Coward (profile), Oct 4th, 2012 @ 7:45pm

    Dear Eric Holder,
    Please shut the fuck up until you can actually do your job.
    While you were focusing on the imaginary losses claimed by Hollywood you managed to allow Mexican Drug Cartels to be armed with weapons your people gave them and lost track of. They used those weapons to murder law enforcement officers who deserve much better than you seem able to provide.

    Somehow you investigated corporations for ripping off consumers and destroying the economy and even with emails where wrongdoing was openly discussed you found not enough evidence to proceed.

    While your office runs a dog and pony show to trump up criminal charges in a civil (at best) case, people working for you are violating their oath of office and the rules put in place to stop your office from hiding evidence from defendants.

    While you were busy silencing blogs at the behest of the copyright cartels, you managed to ignore branches of the Government violating the civil rights of citizens.

    You sir are corrupt, you are the head of the beast that is now nothing more than the copyright cartels enforcers. You proceed with cases of questionable merit against patsies setup by the FBI. You are more concerned with getting good press than getting the law right. You should resign after you fire every subordinate.

    Be a man, clean house and let the job be done by someone who owes nothing to the cartels and thinks the law applies to everyone. You have done a great disservice to this country and you need to correct it.

    In closing... just leave. We will not miss you.

     

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    Anonymous Coward, Oct 5th, 2012 @ 10:27am

    I use to hate Megaupload and Kim Dotcom but now he's a mother fucking HERO in my eyes.

     

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    Thomas (profile), Oct 19th, 2012 @ 5:06pm

    Redistribution...

    of bribes from the entertainment industry to local cops? Is it still a bribe if you get the money from the feds?

     

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