[Infowarrior] - DOJ Argues That Even If Case Against Megaupload Is Dismissed, It Still Can Hold Its Assets

[Richard Forno]

DOJ Argues That Even If Case Against Megaupload Is Dismissed, It Still Can Hold Its Assets

from the well-of-course dept

As the fight over whether or not the US can even charge Megaupload under criminal law continues, the US Justice Department continues to make quite extraordinary claims. If you don't recall, the US filed criminal charges against Megaupload and a bunch of its execs. However, as a US judge noted back in April, under US law it might actually be impossible for the case against Megaupload to proceed, because criminal law requires "serving" the defendant, and the law also says you can only serve companies at their US address. Megaupload is not based in the US and has no US address. The DOJ is trying to tapdance around what the law actually says, but (as Megaupload points out) they can't point to a single real legal citation that supports their position. The DOJ is basically arguing that the law should be what they want it to be... because otherwise the DOJ wouldn't like it very much. 

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http://www.techdirt.com/articles/20120727/11195719858/doj-argues-that-even-if-case-against-megaupload-is-dismissed-it-still-can-hold-its-assets.shtml

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Just because i'm near the punchbowl doesn't mean I'm also drinking from it.