Blogging - kathrynneal

There's zero chance that this tactic will succeed. By what basis do you make that claim? My experience with the legal system is that following proper procedure is everything. This is why you never, ever want to try to defend yourself in the USA without an attorney; there are tiny procedural aspects that will absolutely kill you if you don't follow them. I say it is likely because even if the US DOJ were to have a completely ironclad case in hand to prove that MegaUpload did what they say they did (and the US DOJ has a reputation for mounting extraordinarily strong prosecutions regardless of the legitimacy of their cause), if they did not follow proper procedures, it no longer matters. This isn't even a minor violation of procedure; this is huge. Questions of jurisdiction have slaughtered far more just causes than this for far less reason, and this is about as out-of-jurisdiction as it can possibly get. Allowing the DOJ to excuse this is also unprecendented, and the courts generally despise going against precedent as well. If there are particulars of this case that I'm not aware of that would make my general assertions wrong, or if my assumptions are off for other reasons (while I have had the fortune of learning quite a bit about how law works without having to get too close to it, that's no replacement for actual litigation experience), I'd be open to learning more about it.