District Court judge denies Megaupload’s attempt to dismiss case

district court judge denies megauploads attempt to dismiss case megaKim Dotcom’s latest attempt to avoid trial for copyright infringement in the US has failed, with a US District Court Judge ruling that the improper delivery of a summons isn’t enough to dismiss the case outright and calling the very suggestion “extreme.”

Dotcom, along with six other employees of Dotcom’s online file sharing service Megaupload, face charges of criminal copyright infringement, racketeering, money laundering and fraud as a result of the service’s use for those who sought to share and publicly release pirated material and other illegal content. Additionally, Megaupload itself is being charged as a corporation as being criminally liable for the various infringements, and it is this last fact that Dotcom’s legal team had been seeking to destroy by pointing to failures in the process. The problem, according to Dotcom’s attorneys, is that Rule 4 of Criminal Procedure in US law clearly states that summons should be mailed to a company’s “last known address within the district or to its principal place of business elsewhere in the United States.” That, they argued, hadn’t happened as attempts to deliver the summons instead centered around Megaupload’s business address in Hong Kong, and as a foreign business, had no principal place of business in the US. 

District Court Judge Liam O’Grady wasn’t having any of that argument, however. Agreeing with prosecutors that the logical outcome of that argument would be that any business outside of America would be able to escape prosecution on a technicality, he wrote that “It is doubtful that Congress would stamp with approval a procedural rule permitting a corporate defendant to intentionally violate the laws of this country, yet evade the jurisdiction of United States’ courts by purposefully failing to establish an address here.”

Furthermore, he said, “Rule 4 does not require a result so extreme as dismissal, and to this Court’s knowledge, no court has ever dismissed an indictment for failure to meet Rule 4’s secondary mailing requirement.” Even so, O’Grady argued, it could be seen that Dotcom, to all intents and purposes, is, Megaupload, and therefore, serving him with a summons is the same thing as serving the company: “So long as the government could prove that an individual defendant is an alter ego of the corporate defendant, the government could satisfy Rule 4’s mailing requirement by mailing a copy of the summons to one of the individual defendants once that defendant is extradited to this district.”

In other words, there are multiple reasons for the US not to throw the case out for this reason. Dotcom’s attorneys shouldn’t feel too glum about this outcome, though; recent events have suggested that they’ll have many more chances to try and weaken the case through technicalities and ineptitude in future.


Apple loses battle to use Intel modems in Germany in latest clash with Qualcomm

Apple is following the Federal Trade Commission's lead and has sued Qualcomm for a massive $1 billion in the U.S., $145 million in China, and also in the U.K., claiming the company charged onerous royalties for its patented tech.
Emerging Tech

Of all the vape pens in the world, these 5 are the best

Vaping concentrates has become significantly more popular, especially among those that use cannabis for medicinal purposes. But don’t use just any vape pen: we found these five devices to be our favorites in 2018.
Smart Home

Language barrier? Psh. Here's how to make your Google Home an ace translator

You can now use interpreter mode on your Google Home devices. This means, you can use your Google Home device to translate conversations in real-time. Here's how to use interpreter mode.

Here's how you can play your favorite PC games with a Nintendo Switch controller

Nintendo's Switch controllers, including the Joy-Cons and the aptly titled Pro Controller, use Bluetooth, which makes them compatible with your PC. Here's how to start using them for PC gaming.

Are you one of the billions who have watched these super-popular YouTube videos?

Viral videos can quickly garner millions upon millions of views, but even they fall well behind the view counts on the most watched YouTube videos ever. Those have been watched billions of times.

Marriott asking guests for data to see if they were victims of the Starwood hack

Marriott has created an online form to help you find out if your data was stolen in the massive Starwood hack that came to light toward the end of 2018. But take note, it requires you to submit a bunch of personal details.

New Chrome feature aimed at preventing websites from blocking Incognito Mode

A new Chrome feature will prevent websites from blocking Chrome users as they browse using Incognito Mode. The feature is supposed to fix a known loophole that allows websites to detect and block those using Incognito Mode.

Reluctant to give your email address away? Here's how to make a disposable one

Want to sign up for a service without the risk of flooding your inbox with copious amounts of spam and unwanted email? You might want to consider using disposable email addresses via one of these handy services.

Chrome is a fantastic browser, but is is still the best among new competitors?

Choosing a web browser for surfing the web can be tough with all the great options available. Here we pit the latest versions of Chrome, Opera, Firefox, Edge, and Vivaldi against one another to find the best browsers for most users.

Microsoft extension adds Google Chrome support for Windows Timeline

The Windows Timeline feature is now much more versatile thanks to the added support for Google's Chrome browser. All you need to do to increase its functionality is to download the official Chrome extension.
Movies & TV

Here’s how to watch the 2019 Oscars livestream online

The 91st Academy Awards will air live on ABC, but there are also a number of ways to watch Hollywood's biggest night online using your mobile device, desktop, or set-top streamer. Here's how to catch the Oscars livestream.

YouTube changes its strikes system, offers softer first-offense penalty

YouTube announced changes to its strikes system for its content creators. The changes include a softer first-offense penalty for creators who violate YouTube's guidelines and more consistent penalties for further violations.

An experimental feature could help reduce memory usage in Google Chrome

Google Chrome might be the most popular web browser, but it also is a resource hog. Google is currently working on an experimental feature for Chrome which sets out to reduce its overall memory usage. 

Need a free alternative to Adobe Illustrator? Here are our favorites

Photoshop and other commercial tools can be expensive, but drawing software doesn't need to be. The best free drawing software is just as powerful as some of the more expensive offerings.