Megaupload’s legal team are not restricting their fight with the U.S. Government only to the courts. Today they published a detailed white paper accusing the White House of selling out to corporate interests, particularly Hollywood. “The message is clear. The White House is for sale. More and more of our rights are eroding away to protect the interests of large corporations and their billionaire shareholders,” Dotcom summarizes.
Megaupload founder Kim Dotcom has been announcing it for months on his website and a white paper released today is the first big step towards that goal.
Titled “The United States vs You (and Kim Dotcom)” and written by Megaupload lawyers Ira Rothken and Robert Amsterdam, the paper accuses the Obama administration of being a pawn of big corporations. It further describes in detail how the authorities obliterated Megaupload on flaky legal grounds.
“The message is clear. The White House is for sale. Due process and the rule of law have little value to the current administration. More and more of our rights are eroding away to protect the interests of large corporations and their billionaire shareholders,” Dotcom tells TorrentFreak.
According to Dotcom his case is just one example of how corporate interests threaten people’s rights and freedom on the Internet in general.
“Silicon Valley has been turned into Surveillance Valley. Kids with keyboards are the new terrorists. Copyright is now a matter of national security. This is all very un-American. Read the White Paper and wake up.”
The 38-page white paper starts with a bang:
“The criminal prosecution of Megaupload and Kim Dotcom is purportedly the ‘largest copyright case in history,’ involving tens of millions of users around the world, and yet it is founded on highly dubious legal principles and apparently propelled by the White House’s desire to mollify the motion picture industry in exchange for campaign contributions and political support,” the white paper begins.
One of the main complaints against the legal process is that under U.S. law Megaupload and its employees can’t be held criminally responsible for copyright infringements committed by the site’s users.
“The prosecution seeks to hold Megaupload and its executives criminally responsible for alleged infringement by the company’s third-party cloud storage users. The problem with the theory, however, is that secondary copyright infringement is not – nor has it ever been – a crime in the United States.”
“The federal courts lack any power to criminalize secondary copyright infringement; the U.S. Congress alone has such authority, and it has not done so. As such, the Megaupload prosecution is not only baseless, it is unprecedented,” Rothken and Amsterdam write.
The paper continues to give a detailed overview of legal jurisprudence in Megaupload’s favor. Among other things, the lawyers note that Megaupload granted very broad DMCA takedown powers to copyright holders, who could remove any file from the cloud hosting service without oversight.
Most of the legal arguments laid out in the white paper have been highlighted previously. What is new, however, is the legal team’s frontal attack on the Obama administration. The suggestion is, that the White House has been corrupted by corporate money and that the assault on Megaupload was a payoff.
“The degree to which the Copyright Lobby, and the MPAA specifically, have managed to instrumentalize the current Administration to take down a foreign corporation and its executives is, quite literally, un-American,” the lawyers write…