Ira Rothken | KitGuru https://www.kitguru.net KitGuru.net - Tech News | Hardware News | Hardware Reviews | IOS | Mobile | Gaming | Graphics Cards Fri, 03 Feb 2017 12:55:33 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.3 https://www.kitguru.net/wp-content/uploads/2021/06/cropped-KITGURU-Light-Background-SQUARE2-32x32.png Ira Rothken | KitGuru https://www.kitguru.net 32 32 KickassTorrents lawyer: torrents aren’t copyright protected content https://www.kitguru.net/tech-news/featured-tech-news/jon-martindale/kickasstorrents-lawyer-torrents-arent-copyright-protected-content/ https://www.kitguru.net/tech-news/featured-tech-news/jon-martindale/kickasstorrents-lawyer-torrents-arent-copyright-protected-content/#comments Fri, 03 Feb 2017 12:52:36 +0000 http://www.kitguru.net/?p=320696 Possibly one of the most impactful online piracy cases ever began in earnest this week, with the legal representatives of alleged owner of KickassTorrents, Artem Vaulin, facing off against the U.S. government over four federal indictments. His lead lawyer, Ira Rothken, best known for defending Kim Dotcom, argued that torrents weren't really copyright protected content, …

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Possibly one of the most impactful online piracy cases ever began in earnest this week, with the legal representatives of alleged owner of KickassTorrents, Artem Vaulin, facing off against the U.S. government over four federal indictments. His lead lawyer, Ira Rothken, best known for defending Kim Dotcom, argued that torrents weren't really copyright protected content, so could not be used as the basis for copyright charges.

Vaulin currently resides in Poland, where he was arrested and is awaiting his extradition trial. He was picked up by the authorities in mid-2016, after allegedly operating KickassTorrents for eight years. If he is sent to the U.S. to face legal action, he could be charged with copyright infringement, money laundering and tax evasion, with KickassTorrents alleged to have brought in upwards of $12 million a year in advertising.

Arguing torrents aren't piracy is a difficult tack to take

Looking to head that off at the pass, Rothken and his legal team have made the claim that piracy via torrents, isn't really piracy:

“We believe that the indictment against Artem Vaulin in the KAT torrent files case is defective and should be dismissed. Torrent files are not content files. The reproduction and distribution of torrent files are not a crime,””Rothken said in a chat with TorrentFreak, about what he told the courts this week.

If someone were to use those files to infringe upon copyright after downloading them, that was not KAT's responsibility, Rothken argued. He also highlighted how the U.S. indictment of Vaulin, did not cite any particular cases of copyright infringement. Instead of a hotbed of piracy, as the prosecution maintains, Rothken described KAT as more of a search engine, like Google.

The prosecution called these claims nonsense, stating that Google does not make its business from uploading copyright protected content. They also urged the judge to not rule on the indictments until Vaulin's extradition trial had taken place and suggested that if Vaulin wanted to speed up the matter, he should voluntarily come to the U.S..

After statements from both legal representatives, the Illinois District Court judge will now rule on whether to proceed with the indictments, or dismiss them outright, as requested by Rothken.

Discuss on our Facebook page, HERE.

KitGuru Says: Although unlikely, if Rothken was able to receive a favourable ruling on this case based on the idea that torrents weren't really copyright infringement, that could change the landscape of piracy court cases dramatically.

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KickAssTorrents alleged founder ‘not responsible’ claims lawyer https://www.kitguru.net/channel/jon-martindale/kickasstorrents-alleged-founder-not-responsible-claims-lawyer/ https://www.kitguru.net/channel/jon-martindale/kickasstorrents-alleged-founder-not-responsible-claims-lawyer/#comments Mon, 08 Aug 2016 11:29:08 +0000 http://www.kitguru.net/?p=302002 The legal team representing alleged KickAssTorrents founder, Artem Vaulin, headed up by Kim Dotcom's lawyer, Ira Rothken, has submitted its defence of the man in court and it's an oldie, but a goody. It claims that Vaulin cannot be held responsible for any illegal actions undertaken by the site's users, whether he ran it or …

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The legal team representing alleged KickAssTorrents founder, Artem Vaulin, headed up by Kim Dotcom's lawyer, Ira Rothken, has submitted its defence of the man in court and it's an oldie, but a goody. It claims that Vaulin cannot be held responsible for any illegal actions undertaken by the site's users, whether he ran it or not.

This is a pretty classic defence and one that has been argued over in just about every copyright infringement case against site owners: if the users commit crimes, it isn't their fault. It makes a lot of sense, since if sites were held accountable for everything they linked to, Youtube, Google, Facebook – anything that collates information would eventually be shut down.

You can find pirated content on just about any user-submitted hosting platform, but torrent sites do get a lot of heat and KickAssTorrents was the latest to get smacked down by the long arm of the law. Which is why Vaulin is now hoping that his defence team's ‘it wasn't me, it was them' defence is enough to get him off the hook.

katt222

This is actually a defence that Rothken has tried with Kim Dotcom before. In that instance, Dotcom was charged with “conspiracy to commit copyright infringement,” essentially condoning the actions of his piratical users. That doesn't actually exist in U.S. law, so once again Rothken is citing that as part of his client's defence.

“This alleged criminal copyright case arises out of an erroneous theory of criminal copyright law advanced by the United States that attempts to hold Artem Vaulin criminally liable for the alleged infringing acts of KAT’s search engine users,” the defence team said (via TorrentFreak).

It also highlighted that KAT never hosted any illegal material, it merely provided links to it. Links which were submitted by users, not admins.

The defence calls on the prosecution to provide evidence of individual infringements so it can look into them itself. It claims that the reason the prosecution hasn't done so yet, is because it doesn't have such evidence.

We now await the judges decision on the defence's call for dismissal to see how the case will proceed.

Discuss on our Facebook page, HERE.

KitGuru Says: Although it seems likely that Vaulin was well aware of the piracy taking place on the world's biggest torrent site, but it is debatable how responsible he should be. It certainly shouldn't be a copyright infringement charge because of actions users took.

Fun fact, Ira Rothken was also one of the seed funds for the founding of Telltale Games.

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Alleged KickAssTorrent founder hires Kim Dotcom’s lawyer https://www.kitguru.net/channel/jon-martindale/alleged-kickasstorrent-founder-hires-kim-dotcoms-lawyer/ https://www.kitguru.net/channel/jon-martindale/alleged-kickasstorrent-founder-hires-kim-dotcoms-lawyer/#comments Fri, 29 Jul 2016 08:18:51 +0000 http://www.kitguru.net/?p=300906 If there is one big advantage to taking on a famous and inflammatory client, it's that if you do a good job, people will hear about it. That's what seems to have happened with Kim Dotcom's lawyer, Ira Rothken, who has now been hired by the man accused of founding and running KickAssTorrents. KickAssTorrents (KAT) …

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If there is one big advantage to taking on a famous and inflammatory client, it's that if you do a good job, people will hear about it. That's what seems to have happened with Kim Dotcom's lawyer, Ira Rothken, who has now been hired by the man accused of founding and running KickAssTorrents.

KickAssTorrents (KAT) was, until very recently, the most popular torrent site in the world. For years it built up a strong community and even recently launched on the dark web to further hide its base of operations and prevent takedowns. However using real world police work the authorities were able to track down Atem Vaulin, who they claim was responsible for the site.

Vaulin has been in a Warsaw jail ever since and was given council by a local Polish lawyer. However since he's set to take on the U.S. government, Vaulin decided to hire on a big gun, so he acquired the services of Ira Rothken, who through one means or another has kept Kim Dotcom from being extradited to the United States for more than four years.

kickasstorrents

Vaulin stands accused of copyright infringement, conspiracy to commit copyright infringement and money laundering, with speculative statistics suggesting his website was responsible for the loss of a billion dollars in revenue from the entertainment industry.

This is where Rothken comes in, as he argues that there is no such thing as secondary copyright infringement, or “conspiracy to commit.” This is the same charge that Dotcom has been hit with, but Rothken has repeatedly argued that just because site users committed infringement, it does not implicate the site's owner.

“It is a glorified set of hyperlinks, very much like you would get from a search engine like Google,” he said in a chat with Ars. “This case of KickassTorrents, we’re not able to find any cases especially criminal case where a hyperlink was considered direct wilful infringement. We believe that the US case here is without merit and ultimately the folks involved with that will win as a matter of law.”

He went on to claim that the U.S. takedown of KAT was an attack on Bittorrent technology, not an individual lawsuit designed to prevent piracy.

Discuss on our Facebook page, HERE.

KitGuru Says: If Rothken can keep Dotcom in New Zealand AND Vaulin in Poland, he's set himself up as the go-to legal counsil for any such cases in the future.

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Kim Dotcom’s Megascholar is looking for lawyers https://www.kitguru.net/channel/jon-martindale/kim-dotcoms-megascholar-is-looking-for-lawyers/ https://www.kitguru.net/channel/jon-martindale/kim-dotcoms-megascholar-is-looking-for-lawyers/#respond Fri, 07 Nov 2014 09:45:13 +0000 http://www.kitguru.net/?p=220812 Kim Dotcom has no doubt spent a lot of time talking with lawyers since his arrest during the raid on his home in January 2012, however that doesn't mean he's laid the ground work and can relax. In-fact, now is a more tense time than ever for the German entrepreneur, as his extradition trial is …

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Kim Dotcom has no doubt spent a lot of time talking with lawyers since his arrest during the raid on his home in January 2012, however that doesn't mean he's laid the ground work and can relax. In-fact, now is a more tense time than ever for the German entrepreneur, as his extradition trial is only a few months away and there's even rumours he could be deported for not mentioning a speeding conviction from before his residency was granted. With that in mind, he's now promoting Megascholar, a platform created last year to try and recruit more legal experts to his cause.

While the site was launched back in 2013, there still isn't much to Megascholar, simply featuring a background image of an impressively elaborate library and a “welcome” to the site with an image of Dotcom himself, along with US defence attorney Ira Rothken and copyright lawyer Rick Shera.

Beneath it reads the following: “We are looking for lawyers in New Zealand and the United States who are interested in joining the Megaupload and Kim Dotcom legal defense and who have a passion for internet public interest law.” It then offers a contact us page, where you can get in touch to offer your legal services or advice to Dotcom's team.

megascholar

Considering Dootcom's history for ground breaking and very polished looking websites, it's a bit bizarre how Megascholar looks a little amateurish, but from the WHOIS information, it seems that this is a Rothken led effort, rather than something Dotcom himself has pushed for.

The worrying thing is, does that mean Dotcom's legal team is running low on ideas?

KitGuru Says: What do you guys think? Does putting the call out like this sound like the efforts of a group that are confident of winning the extradition trial next year?

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Dotcom’s team claims government charges are ‘imaginary’ https://www.kitguru.net/channel/jon-martindale/dotcoms-team-claims-government-charges-are-imaginary/ https://www.kitguru.net/channel/jon-martindale/dotcoms-team-claims-government-charges-are-imaginary/#respond Tue, 14 Oct 2014 12:19:38 +0000 http://www.kitguru.net/?p=216495 Kim Dotcom has been run through the legal mill several times over the past few years, with his company shut down, his assets seized and his home raided in a short period of time. The only real development though in the ongoing and oft-delayed extradition trial, is that recently the Department of Justice in the …

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Kim Dotcom has been run through the legal mill several times over the past few years, with his company shut down, his assets seized and his home raided in a short period of time. The only real development though in the ongoing and oft-delayed extradition trial, is that recently the Department of Justice in the US launched a civil suit against the German entrepreneur, asking the court to hand over all of his assets, current and past since they were only gained through – in its words – illegal means. Now Dotcom's team has officially responded, claiming that the crimes he is said to have committed are entirely made up.

While that might sound like the argument you came up with when your sister told your parents you pinched her, it does have some merit here, since Kim Dotcom stands accused of secondary criminal copyright infringement, which implies he wasn't directly responsible for copyright infringement but was heavily involved. That's not a crime that currently exists on anyone's legal books.

The crimes for which the Government seeks to punish the Megaupload defendants 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,” Megaupload’s lawyers write.

dotcom
Meanwhile Dotcom has been giving talks at the New Yorker Festival

They then highlighted how because of this made up law and charge, not only was Dotcom stripped of his rights and property, but millions of Megaupload users were also (and still are) denied access to their digital property.

“Tellingly, the Complaint and the Superseding Indictment together fail to identify a single instance in which an act of infringement — particularly an unauthorized upload or download — occurred entirely within the United States,” they continued, highlighting that the DOJ's jurisdiction ends at the US border.

With these thoughts in mind, his legal team want all charges against Dotcom dropped and his assets unfrozen and returned to him.

We now await the US court's decision on the matter.

KitGuru Says: The only thing this does leave me wondering, is why wasn't this defence brought forward before?

[Thanks TorrentFreak]

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Kim Dotcom publishes white paper on Megaupload case https://www.kitguru.net/channel/jon-martindale/kim-dotcom-publishes-white-paper-on-megaupload-case/ https://www.kitguru.net/channel/jon-martindale/kim-dotcom-publishes-white-paper-on-megaupload-case/#comments Tue, 07 May 2013 12:59:41 +0000 http://www.kitguru.net/?p=134022 Kim Dotcom, the internet mogul behind Megaupload, Mega and the ongoing extradition trial between himself and several government authorities, has today published a white paper on his official site, explaining everything that led up to this point and how authorities conspired against him and his company. Written by Dotcom‘s lawyers from the UK and US, …

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Kim Dotcom, the internet mogul behind Megaupload, Mega and the ongoing extradition trial between himself and several government authorities, has today published a white paper on his official site, explaining everything that led up to this point and how authorities conspired against him and his company.

Written by Dotcom‘s lawyers from the UK and US, Robert Amsterdam and Ira Rothken, it's a pretty hefty document. Weighing in at nearly 50 A4 pages, with lots of citations, it'll take a while before all the information is gleaned from it, but let's see what we can find out from a whistle stop tour of its main points. 

The first eye grabber is that the entire piece is titled, “The Unites States vs You (and Kim Dotcom) showing that Dotcom is still keen to be seen as someone fighting not for himself, but for internet and real world freedoms. Whether you believe Dotcom is as selfless as he occasionally portrays himself to be, he has still been illegally spied upon, illegally arrested and could potentially be extradited to stand trial in a country that his company had no official base in. 

usvsu
The USA vs You. A point the report's authors are keen to emphasise. 

The language within the white paper gets quite heavy handed at points, describing the case against Megaupload as “littered with due process violations and prosecutorial abuse.” It goes on to say that “Hollywood has exerted a corrupting influence in Washington,” and suggests that we are on a “slippery slope”, that threatens to stifle innovation and constitutional principles like free speech and due process. 

Further on in the document, the finger pointing subsides and more raw figures and laws are cited. Such as the fact that without a congressional order, US federal law cannot be applied extra-territorially. On top of that, the white paper points out that in recent court cases, like the Viacom trial on 18th April this year, the court ruled that Youtube wasn't responsible for its users' content, as long as it could prove it was unaware of infringement. In the same way, Megaupload should be federally protected. 

It's also suggested by the report's authors, that Dotcom and Megaupload were used as a scapegoat, at a time when there were far more valid targets to go after. Rapidshare is cited, as a similarly popular website, but one that made files far easier for non members to find, by listing them within search engines like Google. In comparison, Megaupload supplied error pages if those without the direct link attempted to gain access to a file.

KitGuru Says: The document is quite scathing in its look into US and NZ authority actions and makes bold claims. It's a pretty interesting read. If you want to get a headstart on more detailed rundowns by tech publications the world over, here's the white paper in full. 

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Dotcom lawyer describes US legal battle as “foreign aggression” https://www.kitguru.net/channel/jon-martindale/dotcom-lawyer-describes-us-legal-battle-as-foreign-aggresion/ https://www.kitguru.net/channel/jon-martindale/dotcom-lawyer-describes-us-legal-battle-as-foreign-aggresion/#respond Fri, 21 Sep 2012 16:12:48 +0000 http://www.kitguru.net/?p=109253 The head of Kim Dotcom's US legal defence team, Ira Rothken, has been speaking with Radio New Zealand about the Megaupload trial stating that he believes it has grown beyond its original meaning into something that's important for all New Zealanders, because it shows how well protected they are from US “foreign aggression.” The latest development in …

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The head of Kim Dotcom's US legal defence team, Ira Rothken, has been speaking with Radio New Zealand about the Megaupload trial stating that he believes it has grown beyond its original meaning into something that's important for all New Zealanders, because it shows how well protected they are from US “foreign aggression.”

The latest development in the Kim Dotcom case has been focused around the US attempting to block Dotcom's legal team from having access to the evidence against him and his co-defendants. While Mr Dotcom's team was granted access by a lower court, US authorities appealed the decision with the outcome yet to be determined, since the court announced today it reserved its decision.

Mr Rothken claims that he is quietly confident of the outcome, though if Dotcom were to come out on the losing end of the appeal, they would take the case to the Supreme Court.

The Guys
Ira Rothken (Right) with Steve Wozniak and Kim Dotcom. Credit: Kim Dotcom

In the interview, Mr Rothken said that ultimately this was about offering a fair trial to New Zealand residents, who were protected under the Bill of Rights. US authorities argue that NZ has an obligation to the United States, not to block extradition requests.

When asked when he believes the eventual extradition case will take place, Mr Rothken said it was currently scheduled for some time in March 2013, but that due to the tactics being used to “delay by appeal,” it was likely this would be extended further into the year.

Speaking after the appeal hearing, Mr Dotcom said that: “This is a very political case, because it's actually the US government trying to defend an outdated business model by a handful of billionaires that are shareholders in these large content producing companies. They are trying to use this case to basically change the way the internet works.”

The Kim Dotcom case and Mr Rothken's comments highlight the fact that media lobbyist groups from America have a surprising amount of influence across the world. Whether it's in the UK with funded organisations like FACT working on their behalf  to imprison the owner of SurfTheChannel, or clandestine pressure to introduce France's internet disconnection law.

There were also hints of US involvement in the recent deportation of Pirate Bay founder Gottfrid Svartholm from Cambodia, where he was arrested on the day that a US trade envoy visited the country.

KitGuru Says: How do you guys feel about the US' involvement in file sharing and copyright infringement around the world? Do you think these groups should have such far reaching influence, or should local governments be doing more to combat it? And ultimately, is this sort of thing “foreign aggression?”

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