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No, they wouldn't. You have a nice legal argument there, but JUST THIS WEEK the owners and operators of Megaupload were arrested by US authorities with no extra
by mcherm 15y ago
No, they wouldn't. You have a nice legal argument there, but JUST THIS WEEK the owners and operators of Megaupload were arrested by US authorities with no extradition, no "prosecution in the target jurisdiction", just arrested in New Zealand for running a company from there.
- rmc 15y agothe owners and operators of Megaupload were arrested by US authorities with no extradition Umm no, they were arrested in New Zealand by New Zealand authorities. Dotcom, as well as Bram van der Kolk, Finn Batato and Mathias Ortman were arrested by Organised & Financial Crime Agency New Zealand (OFCANZ) as well as New Zealand police earlier today. from http://gizmodo.com/5877779/ http://gizmodo.com/5877779/
- white_devil 15y ago> Umm no, they were arrested in New Zealand by New Zealand authorities. At the behest of the US entertainment industry.
- rmc 15y agoAnd the US law enforcement authorities. Hollywood did not ring up the NZ police and say "Arrest these guys". The US police did not fly over to NZ and arrest them.
- tankenmate 15y agoNo judge in the US would allow a grand jury to go ahead against a person that has allegedly breach an US law, that didn't occur in the US, wasn't done by a US citizen, and didn't affect any US citizens. In a way Mega Upload brought themselves within the sphere of US laws, using a .com address, paying money to US companies, hosting within the US, having assets within the US, allowing US customers, registering as a DMCA service provider, etc. These all contribute to allowing a US forum. If you set up a service like Mega Upload that doesn't have any dealings with US citizens or institutions then an US court has no jurisdiction and a grand jury motion will likely not succeed, and in most countries, other than the sycophantic ones that allow extradition on merely accusation, you can just ignore it.
- stock_toaster 15y ago> just arrested in New Zealand for running a company from there They apparently[1] had some portion of their site running on servers hosted in the US. > were arrested by US authorities with no extradition > ... > no "prosecution in the target jurisdiction" They were apparently[1] arrested by the NZ police. They will apparently[1] have a hearing in NZ to determine extradition. The investigation was apparently[1] coordinated between multiple governments' agencies, and apparently[1] took 2 years. [1]: This information is based on what I have read so far.