The premise of the Government’s forfeiture request is that Megaupload never earned a single penny that was not criminal under U.S. law — whether, say, from a non-infringing use of its service, or from use that occurred wholly outside the United States and beyond reach of U.S. law, or even from an infringing use within the United States as to which Defendants nonetheless qualify for a statutory safe harbor or lacked requisite criminal intent.A legal motion by the founders of Megaupload • Asking for the dismissal of the case and a return of the millions of dollars seized from them, on the premise that the government did not do their due diligence, assuming that every transaction was criminal in nature (despite “substantial non-infringing uses”), and ignoring the fact that they had no jurisdiction anyway. Among the arguments in the lengthy motion: “Megaupload was a non-U.S. company whose activities mostly occurred overseas and whose users were mostly located overseas.” Will be fascinating to see what happens as a result of this motion.
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