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Canadian Court Rejects U.S. Request For Unrestricted Access to Megaupload Servers

By - Source: CanLII | B 25 comments

Kim Dotcom has scored another victory in ongoing legal proceedings against Megaupload.

In a tweet, Dotcom announced that he has won "every court battle against the US Govt in New Zealand, Germany & Canada. Time for US courts to follow the trend."

Dotcom's note was based on a decision by the Superior Court of Justice in Ontario to reject a request by U.S. authorities to receive mirror images of 32 servers that were seized on January 19, 2012. The U.S. government argued that the systems were used as "database / number crunching machines" and should be examined forensically. The data volume is estimated to be "equivalent of that of 100 laptop computers".

However, the case is not closed as the judge found a lack of detail in what data would be disclosed and what not during a forensic investigation. Due to the volume of the data, the judge argues, there needs to be a clear definition of which data will be disclosed and which data will not. If the two parties are not able to agree on the data to be disclosed, the case may end up in court again.

 

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  • 24 Hide
    Anonymous , January 16, 2013 8:45 PM
    The data volume is estimated to be "equivalent of that of 100 laptop computers"

    This made me laugh pretty hard. WTF does that even mean?
  • 23 Hide
    sacre , January 16, 2013 8:28 PM
    I like living in Canada. US Government spews nonsense about freedom then tries to block the internet for its own people (SOPA/PIPA) and continues to try.

    Confuses me really.

    Canada sucks for its taxes though, but when you bust your knee on an ATV and go through the MRI/Surgery without having to go through an insurance company or handed a big bill - those little extra taxes you really don't mind paying.
  • 14 Hide
    Kami3k , January 16, 2013 8:39 PM
    Another reason to move to Canada, they actually have some freedom there.
Other Comments
  • 23 Hide
    sacre , January 16, 2013 8:28 PM
    I like living in Canada. US Government spews nonsense about freedom then tries to block the internet for its own people (SOPA/PIPA) and continues to try.

    Confuses me really.

    Canada sucks for its taxes though, but when you bust your knee on an ATV and go through the MRI/Surgery without having to go through an insurance company or handed a big bill - those little extra taxes you really don't mind paying.
  • 14 Hide
    Kami3k , January 16, 2013 8:39 PM
    Another reason to move to Canada, they actually have some freedom there.
  • 2 Hide
    ddpruitt , January 16, 2013 8:40 PM
    I don't know why the prosecutors even filed the motion. It would be denied even in a US court. They're not specifying what they're looking for. They'll fix it in a couple of days, resubmit it, and I'm sure they'll get what they want.
  • 2 Hide
    PTNLemay , January 16, 2013 8:45 PM
    I keep hearing about data that was "improperly seized" or "improperly cataloged" so they can't be used as evidence. Did the Feds just have no idea how a raid like this is supposed to be done properly, or are the courts making up all these excuses to help Dotcom get away scott free?
  • 24 Hide
    Anonymous , January 16, 2013 8:45 PM
    The data volume is estimated to be "equivalent of that of 100 laptop computers"

    This made me laugh pretty hard. WTF does that even mean?
  • 14 Hide
    unoriginal1 , January 16, 2013 8:48 PM
    mikehoncho84The data volume is estimated to be "equivalent of that of 100 laptop computers"This made me laugh pretty hard. WTF does that even mean?

    haha right? Was thinking the exact same.
  • 2 Hide
    rantoc , January 16, 2013 8:52 PM
    I still think the users are the ones responsible for what content they make available.

    While at it why not go after the us post office that surely have delivered a few bombs from a couple of people. Heck why not cut all electricity as well, those are also services that being used for crimes! /end sarcasm
    (would not surprise me if we get there someday, the elected have for since long forgotten who have elected them in the first place!)
  • 8 Hide
    gamersglory , January 16, 2013 8:56 PM
    sacreI like living in Canada. US Government spews nonsense about freedom then tries to block the internet for its own people (SOPA/PIPA) and continues to try. Confuses me really.Canada sucks for its taxes though, but when you bust your knee on an ATV and go through the MRI/Surgery without having to go through an insurance company or handed a big bill - those little extra taxes you really don't mind paying.

    actually Canada did try to pass something that was like PIPA/SOPA. so did the U.K., Ireland, France and AUS. and NZ
  • 9 Hide
    abbadon_34 , January 16, 2013 8:58 PM
    100 laptops? That's not much. 32 servers, so 3 laptops each, what, 3TB per server max? Someone is screwing up their anologies.
  • 0 Hide
    the great randini , January 16, 2013 8:59 PM
    Muhahahaha eh...
  • -5 Hide
    beayn , January 16, 2013 9:01 PM
    mikehoncho84The data volume is estimated to be "equivalent of that of 100 laptop computers"This made me laugh pretty hard. WTF does that even mean?
    If you bought your laptop at walmart with a 320gb drive, it means there is 320 terabytes of data. If you actually looked around and bought a decent laptop, there is 750 terabytes of data. Quite a wide range really...
  • 11 Hide
    wavetrex , January 16, 2013 9:05 PM
    beaynIf you bought your laptop at walmart with a 320gb drive, it means there is 320 terabytes of data. If you actually looked around and bought a decent laptop, there is 750 terabytes of data. Quite a wide range really...

    Fail math much ? 100x 320gb = 32TB ... (nowhere near your number of 320TB)
    Which is around half of the storage space I have in my computers at home ( only 2 of them )

    But yes, the analogy was done by another idiot who can't crunch numbers...
  • 4 Hide
    A Bad Day , January 16, 2013 9:19 PM
    beaynIf you bought your laptop at walmart with a 320gb drive, it means there is 320 terabytes of data. If you actually looked around and bought a decent laptop, there is 750 terabytes of data. Quite a wide range really...


    But my laptop only has 160 GB of HDD space...
  • 2 Hide
    blazorthon , January 16, 2013 9:44 PM
    A Bad DayBut my laptop only has 160 GB of HDD space...


    One of mine has a 250GB hard drive. Another has a 36GB hard drive.
  • -2 Hide
    tramit , January 16, 2013 9:48 PM
    sacreI like living in Canada. US Government spews nonsense about freedom then tries to block the internet for its own people (SOPA/PIPA) and continues to try. Confuses me really.Canada sucks for its taxes though, but when you bust your knee on an ATV and go through the MRI/Surgery without having to go through an insurance company or handed a big bill - those little extra taxes you really don't mind paying.

    You mean the same Canada that you have to wait possibly ~6 months with a broken hip before an Orthopedic surgeon will operate on you? Your taxes are essentially like paying for health insurance.
  • -1 Hide
    Kami3k , January 16, 2013 10:15 PM
    tramitYou mean the same Canada that you have to wait possibly ~6 months with a broken hip before an Orthopedic surgeon will operate on you? Your taxes are essentially like paying for health insurance.



    rofl, this drivel.
  • 9 Hide
    Neverdyne , January 16, 2013 10:22 PM
    You guys have it wrong, it's actually:

    100 laptops = 50 Dell desktops = 23.333 (repeating of course) Stonehenge stones = 10,394 oranges.

    If you ask me, that's quite a lot.
  • 1 Hide
    wemakeourfuture , January 16, 2013 10:32 PM
    sacreI like living in Canada. US Government spews nonsense about freedom then tries to block the internet for its own people (SOPA/PIPA) and continues to try. Confuses me really.Canada sucks for its taxes though, but when you bust your knee on an ATV and go through the MRI/Surgery without having to go through an insurance company or handed a big bill - those little extra taxes you really don't mind paying.


    Except Harper and his cronies are trying to push ISP to track by law every e-mail, message so it can viewed at the hands of law enforcement without a warrant.

    Also add, it includes cellular companies to track and allow law enforcement to view messages and emails sent from mobile phones.

    The legislation is trying to be passed without second reading and amendments, so Canada is close to being worst than anything the U.S. has.
  • 2 Hide
    invlem , January 16, 2013 10:39 PM
    Kami3krofl, this drivel.


    Well it is true, the Americans pay lower taxes and in return need to pay separately for health care, we get one massive tax bill which has all those services bundled into it, regardless if you want them or not...

    Also the wait times here are getting a bit atrocious, the last time we had to go to emergency at a hospital there was a wait time of 10 hours to see a doctor.... That's some grade A "free" healthcare.

    I'm not saying the american system is better than ours, but our system is also in major need of an overhaul!
  • 5 Hide
    sacre , January 17, 2013 1:26 AM
    tramitYou mean the same Canada that you have to wait possibly ~6 months with a broken hip before an Orthopedic surgeon will operate on you? Your taxes are essentially like paying for health insurance.


    W/e they tell you in the States about how the wait times are bad, etc, is incorrect. They are simply trying to make our healthcare system look bad so that you don't question yours. Even if there was on average a 1 month longer wait in Canada, its still better than being handed a big bill you can't afford or having to do monthly payments on an insurance which pays their employees on denying you payment.

    But again, they will always tell you that any other health care system is bad. Yet the US Healthcare system is ranked far below ours. Ignorance is bliss.
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