Copyright, Department of Justice, Intellectual Property, Technology, Twittering

What’s Happening In the Megaupload Case? Also: Kim Dotcom Joins Twitter, Uses It To Make Legal Jokes

As part of our continuing coverage of Maximus, err, Kim Dotcom, the charismatic, renegade technology leader of Megaupload who appears to be in the process of defying an entertainment empire, let’s take a quick look at the most recent filings in his copyright fight with United States government.

Plus, more importantly, we have a look at Dotcom’s awesome new Twitter feed. Spoiler alert: the account includes photographic evidence of money “laundering,” “racketeering,” and a guest appearance by the Woz…

At the end of last week, Dotcom’s attorneys at the Rothken Law Firm and Quinn Emanuel filed a “Rebuttal Memorandum Of Law… For Leave To Enter Limited And Special Appearances,” (The brief is kind of long and technical, so this is just a teaser. If you’re interested in reading it more closely, click the link):

The Government has frozen all of Defendants’ assets based on scant evidence of direct copyright infringement and problematic theories of criminal liability for secondary infringement — which the Government casts as a conspiracy by Megaupload to induce millions of unknown customers to upload unidentified infringing material. The Government has frozen these assets, by its own admission, without serving a key defendant, the company itself. Defendants wish simply to exercise their rights to contest the Government’s actions, without waiving jurisdictional defenses that are among their rights. Yet the Government continues to urge this Court not to permit the undersigned to so much as argue on behalf of Defendants. Given that the Government’s opposition largely repeats (often verbatim) the same arguments earlier advanced, the undersigned endeavor not to repeat themselves here and instead incorporate by reference prior rejoinder on behalf of Defendants Megaupload and Kim Dotcom by Quinn Emanuel Urquhart & Sullivan LLP and the Rothken Law Firm.

There is, however, one point on which there is now general agreement—namely, that counsel’s motion for limited appearance may be decided based on the pleadings. Of course, Defendants part ways with the Government in maintaining that the Court should grant their counsels’ motion for limited appearance and then proceed to the merits of dismissal and Farmer relief.

In more entertaining news, last week Dotcom launched a Twitter feed, where he is continuing to fight for his cause using not only the power of the Internet and social media, but good old-fashioned comedy.

For starters, the account already has more than 36,000 followers. But Dotcom is only following one individual: Barack Obama. Interpret that as you see fit.

Next, he’s included a couple of entertaining photographs since the account launched. Like this photo of his friend literally laundering money — in a tub full of soapy water.

There is another pic of him and other individuals engaged in “conspiracy to commit racketeering” — with tennis rackets.

In one photo, he poses with Steve Wozniak (a.k.a. MegaWoz), one of the cofounders of Apple. Wozniak went on record later to express his support for Dotcom.

And then there are various photos of him and his children in various stages of cuteness.

But the eccentric CEO is not just spending his time in New Zealand throwing pool parties and riding golf carts. Ars Technica reported that he is relaunching MegaBox, a music sharing endeavor he started shortly before the DOJ raid in January. From Ars:

Dotcom also promoted the launch of MegaBox with a post to Twitter. He tweeted a screenshot of the MegaBox app, writing, “The major Record Labels thought MegaBox is dead. Artists rejoice. It is coming and it will unchain you.”

Of course, with most of his assets still frozen as the result of US federal charges of intellectual property infringement and conspiracy, there may be a few delays in the launch of Dotcom’s new line of business. However, the business may be getting launched by his wife, who, as Dotcom tweeted on June 19, is “working on her own cloud storage business.”

Everyday this case drags on, it appears to be more and more work for the government.

Kim Dotcom on twitter
Digital Notes: @KimDotcom Jokes of Money ‘Laundering’ and Tennis ‘Racketeering’ [New York Times]
Updated: Kim Dotcom meets with Woz, restarts launch of MegaBox music sharing [Ars Technica]
Rebuttal Memorandum Of Law… For Leave To Enter Limited And Special Appearances, US v. Kim Dotcom [US District Court, Eastern District of Virginia via Rothken Law Firm]

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