Megaupload and the US grand jury
Megaupload again: according to the US Justice Dept, Dotcom, Batato, Bencko, Echternach, Ortmann, Nomm and van der Kolk were indicted by a grand jury in the Eastern District of Virginia on January 5 this year. Megaupload and Vestor Ltd were also included in the indictment, and it's on the basis of that that the NZ police pulled out all stops to raid Dotcom's Coatesville house and to arrest him and associates.
Obviously, grand juries are powerful entities if their indictments are sufficient to trigger full-scale police actions overseas. What are they though? From what I can tell, grand juries go back to the middle ages. Today, only the United States retain grand juries, and not all states have them. New Zealand abolished grand juries in 1961 but the Fifth Amendment of the US Constitution requires grand jury indictments for federal criminal charges still.
The American Bar Association seems like a good place to find out more about grand juries and its FAQ page on them is interesting. The general idea is that grand juries review evidence presented by prosecutors and determine if there's a probably cause to return an indictment like in the Megaupload/Dotcom case.
That sounds fine, but reading on, the ABA is actually very critical of the grand jury system. Here are some of the points the ABA makes:
- There is no need for a grand jury to hear all the evidence, or conflicting evidence.
- Grand juries have wide, sweeping, almost unrestricted power.
- This power is virtually in complete control of the prosecutor.
- Jurors are not screened for biases or other improper factors unlike jurors in regular trials.
- Grand jury proceedings are secret, hears cases brought to it by the prosecutor who in turn decides which witnesses to call.
- There is no judge in the grand jury room, nor lawyers for the witnesses. Grand juries are rarely read any instructions on the law, as there is no such requirement.
- The accused has no protection against witnesses lying to the grand jury, or against evidence obtained "unconstitutionally".
Critics of the grand jury system say it simply acts as a rubber stamp for the prosecutor, according to the ABA.
Dotcom and Megaupload will apparently have the opportunity to argue their case and refute the evidence that the grand jury based its indictment on in a trial. Even if they defend themselves successfully, surely it will be too late as the Megaupload business is in ruins, Dotcom and others will have spent many months in prison and been extradited to the US.
I'd be interested to hear from legal people on this, as to me a grand jury indictment could potentially be a little less robust than expected. Should New Zealand really raid someone and seize their assets based on grand jury indictments? Am I missing something here as a layman?
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Is this really the Teapot Tape recording?
As posted on SoundCloud:
This is what police raided NZ media over? Even RadioNZ, which never had the recording but only reported on the issue?
:::FACEPALM:::
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Filesonic disables file sharing; due to MegaUpload?
While Kim Dotcom and the Megupload people wait to see if they'll be granted bail, it looks like FBI-NZ Police raid on the file storage site may be scaring competitors into ending filesharing.
Filesonic has disabled "all sharing functionality" for instance:
Given that Megaupload held legal content that now may end being inaccessible due to the raid, I'm wondering if the US didn't just kill cloud computing and storage. You wouldn't really want to risk losing access to your data, without warning and not knowing when or if you'll get it back.
Update Yeah, it looks like the Megaupload case is having some effects.
Russell Brown@publicaddressUploaded.to now blocked in the US. Multiupload and Sharebee currently not taking uploads.#megaupload
Ouch.
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Reasons to be cheerful in Warkworth
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What PR people really think of journalists
David Strom's December story at RWW about the "Ten Biggest PR Blunders of 2011" mentions things that happen every year for as long as I've been in this game. The story isn't so much about blunders as pressure to please the client being passed onto journos, but boy, did it rark up a PR person in the comments section.
PitchMan
10 Nightmarish Behaviors PR People Hate About Journalists
We Stopped at 10, but We Could Go On (And On)
1. You lack common courtesy: You agree to attend our event. You even RSVP and confirm by phone, but at the last minute you call to cancel citing some bullshit personal reason. Normally we wouldn't get too worked up about it, but in this instance we invited you to an event with very limited availability and you screwed another more deserving journalist out of attending.
2. Your laziness knows no bounds: Despite the fact that we spoon feed you story ideas and basically do your job for you, you still get the facts wrong. You ask us to fact check your work, which we do, but we still have to call and correct your sloppy reporting. Like the time you quoted the wrong spokesperson in your story.
3. You work at a crappy trade rag (blog): You had big dreams when you got out of j-school. You were going to do something really big. But this is how it turned out. So please wake-up sunshine, you're not working for the New York Times or The Economist. Your job is to cover our clients' news. So respond to our e-mails, pick-up your phone, and return our phone calls.
4. You don't play by the rules: You insist on playing the big shot. You think you can ignore the standards of journalism that have served your trade well for centuries. You can't. It makes you look like a buffoon. Respect your word. This includes honoring embargoes and keeping things we tell you on background out of your story. You don't get a pass.
5. You're a stenographer: You call yourself a journalist, but what you really are is a tired hack who re-writes the press materials we send you and pass it off as your own work. It's fine. We love seeing our writing in your publication, but don't get pissy when we want you to fix something you got wrong. No, we're not going to fuel your SEO campaign by posting comments to your blog or your publication's web site.
6. You're creepy: We invite you out to drinks after work, not because we really want to spend time with you, but because we know you like the sauce. Our younger female staffers, the ones you're ogling and pawing at our media mixer, don't really want to spend time with you either. They're just here in hopes that you'll return their phone calls and e-mails and not because they find you attractive and want to sleep you---eeeeww! Don't be that guy who IM's them the next day. That really creeps them out. Stop it.
7. You're just projecting self-loathing: Due largely to Item #3 above, you spend the last few days of each year spewing out a top-10 list of things you hate about PR people. We get it. You get to blow off a little steam and this will certainly will be your most read and discussed piece for the entire year, but give it a rest already. Your lists are tired and lame. Besides you're just mad at the PR profession because our interns make more money than you do.
8. You look a gift horse in the mouth: We give you a ton of free stuff and you gleefully accept it, so please spare us the dismissive and snarky, "weight-of-the-world" moral dilemma commentary. Please treat our largess with the respect it deserves. Don't forget the limo rides, the parties we throw and the "review" units now piling up in your apartment. Please remember that if it weren't for PR people you'd be rocking the buffet at Circus Circus during CES rather than schnorring delectable hors d'oeuvres and swilling our top shelf booze poolside at the Wynn.
9. You're a humorless bully: Like the fear-mongering senior in the high school cafeteria, you delight in intimidating the newbies. No, not every person who calls you will have every single detail that you need to write your story, which is really our story (see Item #5). Maybe instead of browbeating our staff you could spend some time researching the beat that you're supposed to be covering. We're sick of having to "educate" you on the category every time we need you to write a story.
10. You don't know your station: Reporting on the deeds and thoughts of others is merely the flip side of promoting them. And both are a necessary if tawdry bit of commercial service. You look down upon us, but in reality you stand beside us in this scullery of ideas, mucking and mopping shoulder to shoulder. Speaking of which, we have a product launch coming up and we need you to do your job and write about it. We'll be in touch with the details. And try not to act like a histrionic princess when we call.
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How bad is the situation then? I looked at the annual box office takings figures published on Box Office Mojo, for 2002-2011 to see what's going on.
I make no warrant as to the accuracy of the figures published at Box Office Mojo and it's not clear if they're in US$ or NZ$. If they are more or less correct though, they don't seem to show an industry in crisis. Quite the opposite, in fact, as the number of films grossing over a million dollars in NZ has more than doubled over the past decade for instance.
| Year | Movies grossing over $1m | Total |
2002 | 15 | $30,802,037 |
2003 | 19 | $46,307,614 |
2004 | 24 | $48,744,276 |
2005 | 27 | $62,621,004 |
2006 | 22 | $45,910,168 |
2007 | 32 | $65,167,276 |
2008 | 30 | $64,727,895 |
2009 | 32 | $80,242,349 |
2010 | 35 | $79,302,334 |
2011 | 34 | $76,707,558 |
Even if people download and share films, it doesn't seem to stop them from spending money in cinemas. Lots of it too, and more every year, bad economical times and increasing cost of living notwithstanding.
The most pirated move ever, Avatar, was the biggest earner since 2002, hands down. Whereas the likes of Harry Potter and Pirates of Caribbean scoop in over $6 million each, Avatar raked home over $12.5 million. Worldwide, Avatar is the top-grossing movie of all time, earning some US$2.78 billion.
Anyway, it's cool to see that despite the half a million or so that was lost due to a copy of Sione's Wedding being stolen and DVDs made from it being sold in South Auckland markets (no, not being torrented on the Internet, dear politicians) that film was the sixth biggest earner in 2006 with over $2.5 million, beating some really big names in the process. And very cool too that Sione's Wedding 2 has now been made and will show in cinemas from January 19.
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Sign up now for NZNOG 12 in Christchurch
I am told that there are still spaces available for NZNOG 12, so register now. If you do anything Internet related in NZ (and overseas for that matter), the NZNOG 12 conference will be worth attending. Furthermore, I understand beer plays an important role for the conference, and that can never be wrong.
The New Zealand Network Operators' Group Conference 2012 or NZNOG12 will be held in Christchurch, between January 23 and 25.
NZNOG12 is New Zealand's one and only Internet conference, held by techies for techies, and also for people who are interested in developing a better understanding of the fundamentals of the Internet, networking technology and architecture.
Registrations have opened, and there are still spaces available. Head over to https://nznog.lilregie.com to sign up.
Here are some of things covered at NZNOG12:
- A finalised workshop programme with IPv6 routing and DNSSec being covered is available here.
- We have a fantastic day worth of tutorials, details of which can be found here.
- An NZNOG fellowship scheme has been announced that you can read more about here.
- Martin Levy from Hurricane Electric is our keynote speaker; Martin will dazzle us with the state of the IPV6 Internet, and more.
- FinallyWe have a visit to Allied Telesis labs to see switch and router research and development first hand; details here.
The NZNOG 2012 conference is held at the Copthorne Commodore Hotel in Christchurch, January 25th to 27th 2012. Discounted accommodation is available for NZNOG12 attendees. Conference format
Monday 23 January - Wednesday 25 January 2012
0900 - 1730 Workshop(s)
Wednesday 25 January 2012
0900 - 1730 Tutorials
1830 - 2030 Reception
Thursday 26 January 2012
0900 - 1630 Conference
1630 - 1900 Field trip - Allied Telesis Labs
1900 - 2030 Conference dinner
2100 - Late Sponsor event
Friday 27 January 2012
0900 - 1730 Conference
More information: http://nznog.org...
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This is how ridiculous the whole Intellectual Property Rights situation is
Watching the Microsoft Consumer Electronics Show 2012 presentation. Well, I'm trying to at least, because..
I'm sorry, but that's just stupid.
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Finally, some copyright infringement notices
Not for me, but Orcon customer "anonnz", David Zanetti at Tech Liberty blogs. It's a detection notice, sent out by Orcon after a complaint from Warner Music:
David notes that the notice probably isn't compliant with the amended Copyright Act, lacking a description of the nature of the breach, and more.
Furthermore, as David says, the account suspension proviso of the new law hasn't yet been activated. A rights holder can't apply to the District Court to have your account suspended for up to six months - not yet.
Over on 3strikes.net.nz Anonnz doesn't deny making the file available for sharing. He says he found a computer that might have been seeding the file, which he says was downloaded "at least two years prior to this law" coming into effect.
Annonz says he removed the file, the torrent file and any P2P software to go with it and thought that was the end of the matter.
However, he has now received a warning notice despite saying he disabled sharing abilities on the computer in question.
Let's see if Warner Music "alleges that you have illegally shared copyrighted material again" and the Enforcement Notice is issued at the end of this month.
Are those notice numbers serial ones? If so, a fair few Detection and Warning ones have been issued already. The Copyright Tribunal could get busy this year.
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Reviews written by Jergan
I find Amazon mostly annoying because the site and the vendors on it have stuff that's priced really well, and often not available in NZ yet cannot be shipped here. If it can be shipped, the freight cost is often more than the price of the item in question.
But, I browse the place every now and then nevertheless and read the excellent reviews. Like the below ones, written by Jergan of Islamadora, Florida. I found them useful, helpful and yeah, ful.
Price: $25.99
Availability: In Stock
11 used & new from $25.99
4 of 12 people found the following review helpful:
Kids love it but I hate it, December 8, 2011
= Durability:
= Fun: = Educational:
Amazon Verified Purchase(What's this?)
This review is from: B. Meowsic Keyboard (Toy)
My kids love this toy so much, but I hate it more than they love it. It is loud and annoying and they want to play with it all the time which is making me crazy.
Comment (1) | Permalink | Most recent comment: Jan 4, 2012 8:36 AM PST
Flying the Weather Map (General Aviation Reading series)
by Richard L. Collins
Edition: Paperback
Price: $14.61
Availability: In Stock
37 used & new from $10.80
2 of 9 people found the following review helpful:
Not very helpful, April 7, 2011
Amazon Verified Purchase(What's this?)
This review is from: Flying the Weather Map (General Aviation Reading series) (Paperback)
I am not instrument rated, but I travel alot in my plane so I needed to know about the weather. I thought this book would offer some insight about how to fly the weather, but since reading it, I have flown into IFR conditions more times than I can count, flew into a thunderstorm, and got so much ice on my airplane that I was very scared. This book will not help you avoid any of these situations.
Comment (1) | Permalink | Most recent comment: Sep 28, 2011 10:25 PM PDT
Price: $0.99
Availability: Available for download now
1 of 1 people found the following review helpful:
Drinking and boating, April 7, 2011
Amazon Verified Purchase(What's this?)
This review is from: Redneck Yacht Club (MP3 Download)
Nothing is more fun than getting trashed and ripping around the lake on my boat. This song reminds me of that!
Global G-2 8-Inch 20cm Cook's Knife
Price: $114.95
Availability: In Stock
9 used & new from $113.80
2 of 2 people found the following review helpful:
Sharp great knife, March 1, 2009
Amazon Verified Purchase(What's this?)
This review is from: Global G-2 8-Inch 20cm Cook's Knife (Kitchen)
This cuts very nicely. Thin sharp blade made from hard metal. I cut myself cleaning it carelessly and ended up with 5 stitches. My less sharp knifes would not have cut me nearly as well. This is obviously not the knives fault and I highly recommend it.
Via @harleyogier and @nanopunk
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