6 ms·

Why the distinction? Schmitz was armed when he was found. Also, he was arrested not only for copyright infringement, but also for racketeering and money launder

Why the distinction? Schmitz was armed when he was found. Also, he was arrested not only for copyright infringement, but also for racketeering and money laundering. Those are serious crimes, usually the domain of organized crime.

contingencies 13y ago
The parent comment is either ill-informed or deliberate misinformation. Kim wasn't armed. There was a fully licensed rifle in the premises, but it wasn't with him. There was no warrant granted to arrest him, no due process, and the prime minister of the country has given him a personal apology for the event, which has been admitted to be a gross perversion of lawful policing. Somewhere along the line he realized it was a police raid, but chose to wait in the panic room anyway, with the door open, to avoid startling anyone and putting himself at risk of being shot. Even so, and despite knowing of the existence of the room, it took police 13 minutes to find him, and when they finally did they weren't particularly gentle in apprehending him. Dotcom claimed he was punched in the face and kicked to the floor, and that one officer stood on his hand once he was down. http://www.escapistmagazine.com/news/view/118975-Kim-Dotcom-Raid-Video-Goes-Public http://www.escapistmagazine.com/news/view/118975-Kim-Dotcom-...
- Samuel_Michon 13y ago
  From the New Zealand police statement: “Despite our staff clearly identifying themselves Mr Dotcom retreated into the house and activated a number of electronic locking mechanisms. While Police neutralised these locks he then further barricaded himself into a safe room within the house which officers had to cut their way into. Once they gained entry into this room they found Mr Dotcom near a firearm which had the appearance of a shortened shotgun.” http://www.police.govt.nz/news/release/30638.html http://www.police.govt.nz/news/release/30638.html
  - belorn 13y ago
    The gun in question, discovered in a safe just metres from where police arrested the German internet lord at his Auckland mansion, My whole childhood, we had a gun cabinet full of weapons in technically my room. However, during my whole childhood, I was not armed. See the difference?
    - Samuel_Michon 13y ago
      I assume that gun cabinet was kept locked and you couldn’t get in. Schmitz’s safe was open. Schmitz was hiding in his panic room, refused to come out for the police, and had a shotgun with him in that room. If not technically armed, he certainly created a high risk situation.
  - smackfu 13y ago
    >Once they gained entry into this room they found Mr Dotcom near a firearm which had the appearance of a shortened shotgun. Not actually a shortened shotgun, just looked like one. Pretty damning!
    - Samuel_Michon 13y ago
      “The gun in question [...] was a type never seen before by arms experts in New Zealand.” “She said a police arms officer said the weapon must have been modified. "It couldn't be cut off any further back because of the position of the magazine," she said. To get a license for that type of gun in New Zealand it would have had to be granted a permit.” http://www.stuff.co.nz/auckland/local-news/6298389/Judge-reserves-Dotcom-bail-decision http://www.stuff.co.nz/auckland/local-news/6298389/Judge-res...
      - contingencies 13y ago
        That's ridiculous tabloid journalism. They attempt to claim that expired passports represent multiple identities and a flight risk, drag up unrelated dirt from Kim's past, slanderously characterise MegaUpload as "a repository for films, TV shows and books, where users could watch content without charge". At least they are honest with some further amusing tidbit about the gun: Davison said the gun found in an open safe in the "panic room" with Dotcom had never been used and only had a rubber bullet.
        Samuel_Michon 13y ago
        > That's ridiculous tabloid journalism I don’t see any signs of that. It’s a report of what was said at one of the court hearings. If you have a more verbatim version of what transpired, I’d love to read it. > MegaUpload [is a] "a repository for films, TV shows and books, where users could watch content without charge" That sounds like a charitable description of what Megaupload was. They could’ve easily characterized it as a child porn and terrorism information ring.
belorn 13y ago
> Schmitz was armed when he was found False. The bodyguard had a licensed shotgun, locked inside a safe. [1] Schmitz didn't own one, nor did he carry it. You could claim he knew someone who owned a gun, but that's about it. > Also, he was arrested not only for copyright infringement, but also for racketeering and money laundering. The NZ judge does not agree with your assessment. Maybe the judge is wrong, but: charges in the indictment relating to money laundering, racketeering and wire fraud are not separate criminal acts but dependent on the claim of criminal secondary copyright infringement[2]. The FBI claims that a website that offers users monetary rewards for uploading content, such as YouTube does, are conducting racketeering, money laundering and wire fraud if said uploads constitute copyright infringement. The judge did not rule if such legal claims are correct, but noted that any such claims depend on the copyright infringement and are not separate crimes to be considered. [1]: (http://www.stuff.co.nz/auckland/local-news/6298389/Judge-reserves-Dotcom-bail-decision http://www.stuff.co.nz/auckland/local-news/6298389/Judge-res...) [2]: (http://www.scribd.com/doc/95215045/Torrent-Freak-Mega-Extra http://www.scribd.com/doc/95215045/Torrent-Freak-Mega-Extra) and (http://computerworld.co.nz/news.nsf/news/us-cites-united-nations-treaty-in-megaupload-case http://computerworld.co.nz/news.nsf/news/us-cites-united-nat...)
- Samuel_Michon 13y ago
  > The bodyguard had a licensed shotgun, locked inside a safe. Both false according to your own link: “Dotcom did not have licence for the gun, and neither did his bodyguard.” “the gun found in an open safe in the "panic room" with Dotcom”
  - belorn 13y ago
    http://arstechnica.com/tech-policy/2012/01/megaupload-case-gets-weirder-with-gun-charges-flight-risks-and-an-inflatable-tank/ http://arstechnica.com/tech-policy/2012/01/megaupload-case-g... Meanwhile, Dotcom's head of security, Wayne Phillip Tempero, is facing firearms charges for providing Dotcom with the semi-automatic shotgun which was found in Dotcom's safe room when police cut their way in during his arrest. Tempero said that the gun had been purchased under a valid New Zealand license, and Davidson told the court that the saferoom and gun were for the safety of Dotcom's family. But yes, the safe was apparently open. I did try to find if Wayne Tempero case of gun possession was concluded, but I can't find any news article about it.

contingencies 13y ago

The parent comment is either ill-informed or deliberate misinformation. Kim wasn't armed. There was a fully licensed rifle in the premises, but it wasn't with him. There was no warrant granted to arrest him, no due process, and the prime minister of the country has given him a personal apology for the event, which has been admitted to be a gross perversion of lawful policing. Somewhere along the line he realized it was a police raid, but chose to wait in the panic room anyway, with the door open, to avoid startling anyone and putting himself at risk of being shot. Even so, and despite knowing of the existence of the room, it took police 13 minutes to find him, and when they finally did they weren't particularly gentle in apprehending him. Dotcom claimed he was punched in the face and kicked to the floor, and that one officer stood on his hand once he was down. http://www.escapistmagazine.com/news/view/118975-Kim-Dotcom-Raid-Video-Goes-Public http://www.escapistmagazine.com/news/view/118975-Kim-Dotcom-...

Samuel_Michon 13y ago
From the New Zealand police statement: “Despite our staff clearly identifying themselves Mr Dotcom retreated into the house and activated a number of electronic locking mechanisms. While Police neutralised these locks he then further barricaded himself into a safe room within the house which officers had to cut their way into. Once they gained entry into this room they found Mr Dotcom near a firearm which had the appearance of a shortened shotgun.” http://www.police.govt.nz/news/release/30638.html http://www.police.govt.nz/news/release/30638.html
- belorn 13y ago
  The gun in question, discovered in a safe just metres from where police arrested the German internet lord at his Auckland mansion, My whole childhood, we had a gun cabinet full of weapons in technically my room. However, during my whole childhood, I was not armed. See the difference?
  - Samuel_Michon 13y ago
    I assume that gun cabinet was kept locked and you couldn’t get in. Schmitz’s safe was open. Schmitz was hiding in his panic room, refused to come out for the police, and had a shotgun with him in that room. If not technically armed, he certainly created a high risk situation.
- smackfu 13y ago
  >Once they gained entry into this room they found Mr Dotcom near a firearm which had the appearance of a shortened shotgun. Not actually a shortened shotgun, just looked like one. Pretty damning!
  - Samuel_Michon 13y ago
    “The gun in question [...] was a type never seen before by arms experts in New Zealand.” “She said a police arms officer said the weapon must have been modified. "It couldn't be cut off any further back because of the position of the magazine," she said. To get a license for that type of gun in New Zealand it would have had to be granted a permit.” http://www.stuff.co.nz/auckland/local-news/6298389/Judge-reserves-Dotcom-bail-decision http://www.stuff.co.nz/auckland/local-news/6298389/Judge-res...
    - contingencies 13y ago
      That's ridiculous tabloid journalism. They attempt to claim that expired passports represent multiple identities and a flight risk, drag up unrelated dirt from Kim's past, slanderously characterise MegaUpload as "a repository for films, TV shows and books, where users could watch content without charge". At least they are honest with some further amusing tidbit about the gun: Davison said the gun found in an open safe in the "panic room" with Dotcom had never been used and only had a rubber bullet.
      - Samuel_Michon 13y ago
        > That's ridiculous tabloid journalism I don’t see any signs of that. It’s a report of what was said at one of the court hearings. If you have a more verbatim version of what transpired, I’d love to read it. > MegaUpload [is a] "a repository for films, TV shows and books, where users could watch content without charge" That sounds like a charitable description of what Megaupload was. They could’ve easily characterized it as a child porn and terrorism information ring.

belorn 13y ago

> Schmitz was armed when he was found False. The bodyguard had a licensed shotgun, locked inside a safe. [1] Schmitz didn't own one, nor did he carry it. You could claim he knew someone who owned a gun, but that's about it. > Also, he was arrested not only for copyright infringement, but also for racketeering and money laundering. The NZ judge does not agree with your assessment. Maybe the judge is wrong, but: charges in the indictment relating to money laundering, racketeering and wire fraud are not separate criminal acts but dependent on the claim of criminal secondary copyright infringement[2]. The FBI claims that a website that offers users monetary rewards for uploading content, such as YouTube does, are conducting racketeering, money laundering and wire fraud if said uploads constitute copyright infringement. The judge did not rule if such legal claims are correct, but noted that any such claims depend on the copyright infringement and are not separate crimes to be considered. [1]: (http://www.stuff.co.nz/auckland/local-news/6298389/Judge-reserves-Dotcom-bail-decision http://www.stuff.co.nz/auckland/local-news/6298389/Judge-res...) [2]: (http://www.scribd.com/doc/95215045/Torrent-Freak-Mega-Extra http://www.scribd.com/doc/95215045/Torrent-Freak-Mega-Extra) and (http://computerworld.co.nz/news.nsf/news/us-cites-united-nations-treaty-in-megaupload-case http://computerworld.co.nz/news.nsf/news/us-cites-united-nat...)

Samuel_Michon 13y ago
> The bodyguard had a licensed shotgun, locked inside a safe. Both false according to your own link: “Dotcom did not have licence for the gun, and neither did his bodyguard.” “the gun found in an open safe in the "panic room" with Dotcom”
- belorn 13y ago
  http://arstechnica.com/tech-policy/2012/01/megaupload-case-gets-weirder-with-gun-charges-flight-risks-and-an-inflatable-tank/ http://arstechnica.com/tech-policy/2012/01/megaupload-case-g... Meanwhile, Dotcom's head of security, Wayne Phillip Tempero, is facing firearms charges for providing Dotcom with the semi-automatic shotgun which was found in Dotcom's safe room when police cut their way in during his arrest. Tempero said that the gun had been purchased under a valid New Zealand license, and Davidson told the court that the saferoom and gun were for the safety of Dotcom's family. But yes, the safe was apparently open. I did try to find if Wayne Tempero case of gun possession was concluded, but I can't find any news article about it.