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February 23, 2012 Radio New Zealand
-US abuse of power in taking down Megaupload
-No such thing as criminal secondary copyright infringement
-The Prosecution is politically motivated

September 26, 2012 NewstalkNZ
-Illegal Gov spying on Kim Dotcom
-Case should be dismissed in the interests of justice
-Trail of Gov illegality
-Hollywood's involvement
-Unfair procedures 

Ira Rothken presentation at e-discovery seminar (excerpt)
- discussion of technical-legal factors to consider in determining whether e-discovery related data is "not reasonably accessible"
- More information can be found here 
 

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    The information supplied on this web site is general in nature and should not be relied upon to make legal decisions. Interacting with e-mail, forms, or online forums on this web site does not constitute the creation of an attorney/client relationship. This web site is an advertisement for legal services. The examples of client cases and results discussed on this web site are not a guarantee of your outcome if we represent you in a particular case. 

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    Featured Current Events

    60 Minutes Interview of Ira Rothken by Bob Simon regarding government abuse of Kim Dotcom

    New Megaupload/Kim Dotcom Whitepaper

    Megaupload General Legal Points



    For updates on the Megaupload/Kim Dotcom case please visit our special case update section

    Kim Dotcom, Steve Wozniak, Ira Rothken

    Read what Steve Wozniak thinks about Kim Dotcom and the Megaupload case in this CNET News.com article 

     

     

     

     

    Ira P. Rothken on Bloomberg 

    Bloomberg Interview with Ira P. Rothken on the Megaupload/Kim Dotcom case discussing Court Order finding illegal government conduct

     

     

     

    ABOUT US

    Our firm emphasizes intellectual property litigation (including trademarks, trade secrets, copyrights, and patents), internet law, complex business litigation, class actions, videogame law, business law, employment litigation, consumer protection litigation, and personal injury/tort litigation. We are actively involved in cutting edge electronic discovery ("e-discovery") matters and Ira P. Rothken is an active member of the Sedona Conference and maintains a blog at Moredata.com on electronic discovery and evidence issues for legal professionals. Here is a CNET News Story Profiling Ira P. Rothken's Career Protecting Internet Technology Companies.

    We Have Assisted in the Startup of Some of the Most Successful E-Commerce and Electronic Entertainment Companies in the World

    Ira P. RothkenIn addition to our robust litigation practice as evidenced in our "News" section below we assist electronic entertainment, high technology, and e-commerce companies in their business and legal transactions. For example, since the inception of the "commercialized" internet in the mid 1990s, we have represented some of the largest and most successful web sites in the world on a huge range of matters from startup issues to risk reduction strategies to e-commerce policies and agreements. In many instances we were called upon to handle issues where there was no clear precedent and thus we had to innovate a solution.

    We have also helped start numerous successful electronic entertainment and videogame companies including Nihilistic Software, Pandemic Games, Telltale, and Arenanet. Ira P. Rothken, a member of IGDA, has spoken multiple times on how to start a videogame development company at the Computer Game Developers Conference (CGDC). Here is a sample of videogame development transactions in which we assisted our clients:


    News

    Friday
    Oct102014

    Megaupload and Kim Dotcom File a Motion to Dismiss the Copyright Claims Underlying US Criminal Case: "Copyright Crimes When Scrutinized...Are Figments of the Government's Boundless Imagination."

    Megaupload, Kim Dotcom, and other interested parties filed a motion today in Federal District Court in the Eastern District of Virginia asking the court to dismiss the copyright claims that make up the core of the US Government's criminal case against the defendants. The motion was filed in the context of a forfeiture proceeding. The motion, if successful, could have a serious adverse impact on the viability of the Government's novel criminal theories.

    Here is an excerpt from from the motion to dismiss submissions filed today:

    Nearly three years ago, the United States Government effectively wiped out Megaupload Limited, a cloud storage provider, along with related businesses, based on novel theories of criminal copyright infringement that were offered by the Government ex parte and have yet to be subjected to adversarial testing.  Thus, the Government has already seized the criminal defendants’ websites, destroyed their business, and frozen their assets around the world—all without benefit of an evidentiary hearing or any semblance of due process.
    Without even attempting to serve the corporate defendants per the Federal Rules of Criminal Procedure, the Government has exercised all its might in a concerted, calculated effort to foreclose any opportunity for the defendants to challenge the allegations against them and also to deprive them of the funds and other tools (including exculpatory evidence residing on servers, counsel of choice, and ability to appear) that would equip robust defense in the criminal proceedings.
    But all that, for the Government, was not enough.  Now it seeks to pile on against ostensibly defenseless targets with a parallel civil action, seeking civil forfeiture, based on the same alleged copyright crimes that, when scrutinized, turn out to be figments of the Government’s boundless imagination.  In fact, the crimes for which the Government seeks to punish the Megaupload defendants (now within the civil as well as the criminal realm) do not exist.  Although there is no such crime as secondary criminal copyright infringement, that is the crime on which the Government’s Superseding Indictment and instant Complaint are predicated. That is the nonexistent crime for which Megaupload was destroyed and all of its innocent users were denied their rightful property.  That is the nonexistent crime for which individual defendants were arrested, in their homes and at gunpoint, back in January 2012.  And that is the nonexistent crime for which the Government would now strip the criminal defendants, and their families, of all their assets. 

     

     

    Friday
    Aug292014

    Lyft's Case Against Uber

    Ira Rothken weighed in on the legal analysis of the Lyft - Uber controversy arising out of the alleged “street team” Uber used to pitch drivers - in news stories in BuzzFeed and The Verge.

    Monday
    May132013

    Mega Removes Defense Distributed's 3D Gun Design Files From the Cloud

    Mega.co.nz removed Defense Distributed's 3D gun design files from the cloud while export regulations and other laws are being evaluated by the United States and others. Mega decided under the circumstances, given the potential security risks to society, the prudent thing to do was to err on the side of caution and remove the files. News story from Computerworld here.

    Wednesday
    Oct102012

    Profile Technology Ltd Files Complaint Against Facebook for Unfair, Illegal, and Deceptive Business Practices

    Profile Technology Ltd today filed a lawsuit in Superior Court in California alleging that Facebook acted illegally by terminating a 2008 custom agreement that gave Profile's search engine and social networking site access to public Facebook data. The complaint further alleges that when Profile resisted Facebook demands for a lopsided new agreement Facebook retaliated against Profile by turning off Profile apps and spreading misinformation causing significant injury to Profile. The complaint asks for damages and injunctive relief according to proof and can be found here.

    Friday
    Feb032012

    Megaupload Preparing MegaDefense

    Portions of Mr. Rothken's statements below have been taken from an ArsTechnica interview you can read here.

    Megaupload's attorney Ira P. Rothken has a succinct description of the US government case against his client: "wrong on the facts and wrong on the law."

    In Mr. Rothken's words, the government is acting over-aggressively and overbroadly by taking down one of the world's largest cloud storage services "without any notice or chance for Megaupload to be heard in a court of law." The result ignores substantial non infringing uses of cloud storage and is both "offensive to the rights of Megaupload and to the rights of millions of consumers worldwide" who stored personal data with the service.

    Indeed, in Mr. Rothken's view, attempting to hold a cloud storage provider criminally responsible for the acts of its users is known as "secondary" criminal copyright liability and there no such statutory claim under US Law. Secondary copyright liability is judge made law in "civil" cases, such as Grokster, and such theories are not "criminal" in nature.

    Instead, the government's willingness to pursue the case as an international racketeering charge meant "essentially only sticking up for one side of the copyright vs. technology debate." The result, Rothken says, is "terrible chilling effect it's having on Internet innovators" who feature cloud storage components to their business.

    This sort of thing makes Rothken furious. Using "James Bond tactics with helicopters and weaponry, and breaking into homes over what is apparently a philosophical debate over the balance between copyright protection and the freedom to innovate, are heavy-handed tactics, are over-aggressive, and have a detrimental effect on society as a whole," he said. In addition, the raid was a reminder that bills like the Stop Online Piracy Act "ought not to ever be passed, because these tactics [the helicopters, etc.] are so offensive that if you take the shackles off of government, it may lead to more abuse, more aggression."

    Rothken also suggested that the timing of the raid was suspicious; "over a two-year period, they happened to pick the one week where SOPA started going south."

    For now, the case remains in New Zealand, where questions of bail and then extradition are being handled by local courts. Though the entire case could take a long while to wind its way to completion, Rothken concludes, "Megaupload believes strongly it's going to prevail."