Megaupload just went all in in its copyright infringement case against the U.S government. Its defense team yesterday filed a motion to dismiss all charges—basically, throw out the case. Their reasoning? The U.S. government denied Megaupload due process by seizing its domain name and property and shutting down the site prior to the case as opposed to after a decision, effectively putting them out of business. In other words, the government ignored that whole “innocent until proven guilty” thing. Thus, if Kim Dotcom is able to walk away free of any charges, then the Feds will have screwed up royally.
In their filing, the defense wrote, “In the absence of effective service of process, criminal proceedings against Megaupload cannot commence, and as the Court had aptly noted, we ‘frankly don’t know that we are ever going to have a trial in this matter’. Megaupload is thus deprived of any procedure to clear its name or recoup its property, in clear violation of its due process rights.”