Tuesday, February 16, 2021

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NZ Government Lawyers Spent 40,500 Hours Battling Kim Dotcom and Megaupload
Andy Maxwell, 16 Feb 09:47 PM

Kim DotcomOn 19 January 2012, the United States Department of Justice seized and shutdown Megaupload, a massive cloud-storage site founded by Kim Dotcom.

On the same day, Dotcom and several of his associates were arrested in New Zealand in a military-style raid on his rented mansion, carried out at the behest of US authorities. Ever since, the United States justice system has fought tooth and nail to have Dotcom, Mathias Ortmann, Finn Batato and Bram van der Kolk extradited. That has proven difficult, to say the least.

Unstoppable Force Meets Immovable Object

Whether US or New Zealand authorities expected a monumental fightback from their targets is unknown. But that is exactly what they got. Rather than backing down, Dotcom's defense team hasn't given an inch, with every substantial claim challenged in minute detail, and every counterclaim met with the same determination.

As a result, New Zealand's courts have been kept busy for more than nine years, expending resources on several cases – many involving extradition matters – that are still not over. But while the outcome of this entire process remains uncertain, there can be no doubt over the scale of financial resources poured into the prosecution of Kim Dotcom.

Until now, only estimates of the true costs involved have been aired in public but thanks to an Official Information Act request and data published by NZ Herald (paywall), the cost to New Zeland's taxpayers thus far are now up for scrutiny.

New Zealand's Bill is Substantial and Growing

Earlier estimates of a few thousand hours spent on various Dotcom-related cases seemed to be within reason. However, the latest published figures show that government lawyers have already spent 40,500 hours working on these cases over the past decade. Or, as NZ Herald frames it, if the lawyers had been working 40-hour weeks, the effort exerted would be 19 years and six months.

Worryingly, that's not the entire financial picture either. The data shows that on top of the 40,500 hours of government lawyer time, extra costs including external legal work, airfares, and general administration, account for an additional NZ$3.6 million (US$2.6 million) in expenditure.

Allocation of Legal Resources

Government spending on the Megaupload matter reportedly began before Dotcom was even arrested. In preparing the case against him, Crown Law – the office that provides legal advice and representation services to the government – had already spent 432 hours working on the case. Then in 2012, 2013, and 2014, more than 7,000 hours were expended each year dealing with the fallout.

And the fallout has been huge. Dotcom's cases have expanded into an interconnected web of complex processes, dealing with matters such as illegal spying by government agencies through to the extradition case itself. In 2011, Crown Law was prepared for two proceedings. Since then the tally has grown to almost two dozen.

Goliath versus…Goliath?

That a wealthy Pacific nation can afford to continue with expensive litigation over the course of a decade shouldn't be a surprise but the fact that it is effectively up against the determination and resources of one man should be pause for thought.

Kim Dotcom has occasionally hinted at the scale of his legal bills since 2012, suggesting that they run into the tens of millions of dollars. How he has been managing to pay those bills after the authorities reportedly seized most of his assets isn't completely clear but as recently as 2015, he was apparently "broke and destitute" and begging the courts for seized assets to be released.

Since then there has been little sign that Dotcom is struggling for cash, with his luxury lifestyle often portrayed on Twitter to the envy of many followers. How much he has spent on lawyers since 2012 isn't revealed in the latest data but according to NZ Herald's analysis, matching the New Zealand government's expenditure would've cost Dotcom around NZ$25 million (US$18 million).

Not Over Yet

While Crown Law initially seemed somewhat unprepared for the expansive battle that eventually panned out, the office will have by now got the message that Dotcom isn't one to back down. Despite all of the money spent on both sides to date, Dotcom is still entrenched in New Zealand and most probably will remain that way for years to come.

Meanwhile, Dotcom is as defiant as ever – both in court and on Twitter, of course.

From: TF, for the latest news on copyright battles, piracy and more.

Cloudflare Must Block Pirate IPTV Services, Appeals Court Confirms
Ernesto Van der Sar, 16 Feb 11:06 AM

IPTVCDN provider Cloudflare is one of the leading Internet companies, providing services to millions of customers large and small.

The service positions itself as a neutral intermediary that passes on traffic while making sure that customers remain secure. Its userbase includes billion-dollar companies such as IBM, Shopify, and L'Oreal, but also countless smaller outlets.

With a company of this size, it comes as no surprise that some Cloudflare customers are engaged in controversial activities. This includes some pirate sites and services, which have landed Cloudflare in court on several occasions.

Last year there were two prominent cases against Cloudflare in Italy. In the first one, football league Serie A and Sky Italy requested Cloudflare to block the unauthorized IPTV service "IPTV THE BEST" and in a similar case, rightsholders wanted "ENERGY IPTV" blocked.

Cloudflare Appeals Blocking Injunctions

Cloudflare lost both cases and was ordered to block the services in question. While the company hasn't commented on the legal actions in detail, it decided to appeal the two injunctions at the Milan court.

Last Friday, the court ruled on the "IPTV THE BEST" case, confirming that Cloudflare is indeed required to block access.

In its defense, Cloudflare argued that it doesn't provide hosting services but merely passes on bits and bytes. In addition, it pointed out that the IPTV service could still remain active even if its account was terminated.

Cloudflare Facilitates Access

The court was not convinced by these arguments and concluded that Cloudflare contributes to the infringements of its customer by optimizing and facilitating the site's availability.

"It is in fact adequately confirmed that Cloudflare carries out support and optimization activities to showcase sites, which allow the visibility and advertising of illegal services," the court concluded.

That the IPTV service could continue without using Cloudflare is irrelevant, the court stressed.

In addition, the court confirmed that copyright holders are entitled to these types of protective blocking measures, even if the activity of the online intermediary itself is not directly infringing.

Dynamic Orders

The Milan court reached the same conclusion in Cloudflare's appeal against the "ENERGY IPTV" injunction, which was decided yesterday. In both cases, the court also confirmed that the injunctions are "dynamic", which means that if the IPTV services switch to new domains or IP-addresses, these have to be blocked as well.

While the ruling is a setback for Cloudflare, copyright holders are pleased. Attorney Simona Lavagnini, who represented Sky Italy, informs TorrentFreak that it will now be easier to hold online services accountable for infringing customers.

"I am pleased to see the position taken by the Court, confirming that injunction orders can be addressed to all providers involved in the provision of services to those who offer illegal contents on the web.

"This principle is now general and includes telecoms as well as passive hosting providers and other services such as CDNs," Lavagnini adds.

We also reached out to Cloudflare for a comment on these recent court orders but the company didn't immediately reply. The CDN provider previously confirmed that it has been legally required to block several domains, without going into further detail.

With regard to earlier blocking orders, Cloudflare said that it complies with these in the relevant jurisdictions. In other words, the targeted services remain available in other countries. Whether that's also the case here is unknown.

From: TF, for the latest news on copyright battles, piracy and more.

 
 
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