Megaupload judge quits case after US 'is enemy' comment

19 July 2012 06:34 am - 0 - {{hitsCtrl.values.hits}}

A A A

The judge overseeing the Megaupload extradition case has stepped down after one of his comments caused his impartiality to be questioned.

Judge David Harvey described the US as the "enemy" while discussing copyright law, at a conference last week.

It attracted attention because he had been dealing with the US government's request that New Zealand hand over employees of the file-sharing site to face copyright and fraud charges.

The accused deny the allegations.

DVD row

Judge Harvey made the comment at the NetHui internet conference in Auckland on 12 July.

He had been taking part in a discussion about the Trans-Pacific Partnership (TPP) treaty - a proposed intellectual rights agreement involving the US and about a dozen other countries.

The judge had noted that at present it was legal for citizens in New Zealand to hack DVD region codes to watch disks designed to be restricted to other countries, adding that TPP would change this.

"Under TPP and the American Digital Millennium copyright provisions you will not be able to do that, that will be prohibited," he said.

"If you do you will be a criminal, that's what will happen.

"There are all sorts of ways this whole thing is being ramped up and if I could use Russell's tweet from earlier on - we have met the enemy and he is US."

The reference was a play on words adapting the quote "we have met the enemy and he is us".

News spreads

The news was reported by The National Business Review the same day, but only attracted controversy three days later when the New Zealand Herald published a report quoting local law professor Bill Hodge who said the comment could "be seen as probably an extra-judicial comment that isn't helpful".

The news was then picked up by other media including several US-based tech blogs.

The judge has ruled several times in Megaupload founder Kim Dotcom's favour, including restoring his internet access and ordering the US to hand over evidence gathered against the accused.

Judge Harvey's most recent involvement with the case was a week ago, when he delayed the extradition hearing from August until March next year to allow more time to resolve legal arguments.

A statement given by the chief district court judge of New Zealand, Jan-Marie Doogue, explained Judge Harvey's decision to remove himself from the case.

"He recognises that remarks made in the context of a paper he delivered on copyright law at a recent internet conference could reflect on his impartiality and that the appropriate response is for him to step down from the case," she said.

Order Gifts and Flowers to Sri Lanka. See Kapruka's top selling online shopping categories such as Toys, Grocery, Kids Toys, Birthday Cakes, Fruits, Chocolates, Clothing and Electronics. Also see Kapruka's unique online services such as Money Remittence,Astrology, Courier/Delivery, Medicine Delivery and over 700 top brands. Also get products from Amazon & Ebay via Kapruka Gloabal Shop into Sri Lanka

Comments - 0

Add comment
Comments will be edited (grammar, spelling and slang) and authorized at the discretion of Daily Mirror online. The website also has the right not to publish selected comments.

Megaupload judge quits case after US 'is enemy' comment

Comments - 0

Add comment

RECOMMENDED

UDA owned land in Thalawathugoda; UDA Minister Prasanna Ranatunga under the spotlight for forceful occupation of reserved land

Loss-making SMIB faces political pressure in recovering loans

Baltimore Bridge Collapse: MV Dali, SL authorities anchored in mystery?

Has Sri Lanka become a potential hub for the illegal wildlife trade?

Spotlight on Moragahakanda Development Project Moragolla villagers lose livelihoods and down to one meal a day

Ambitious Sri Lankan jobseekers ‘trafficked into Ukraine war zones’

Western purple-faced langurs see blue!

Most Viewed in News

Belgian traveller scammed in Kalutara

April 15 declared a government holiday

23 year old youth ends up having his testicles removed

Suspicious death of 23-year-old woman at hotel sparks concerns

Former MP Palitha Thewarapperuma dies from electrocution

A US “Kaputa”, a Lankan “Nariya” and a Presidential “Feast”

MIRROR CRICKET

How does CSK get best out of Pathirana?

Mendis, Mathews move up in ICC Test Rankings

Chamodi, Dewmi spins Sri Lanka U19 Women to big win

Amir, Wasim return to Pakistan national team

TODAY'S HEADLINES

100 Police personnel trained to target criminals operating on motorbikes

Catholic Church receives full report

Complaint lodged over Piumi Hansamali’s possession of Gota’s Range Rover

We are struggling with severe shortage of staff – Excise Chief

Mendis, Mathews move up in ICC Test Rankings

Security raised for Champions League ties after threat

SLA target four events at Paris Olympic Games

Chamodi, Dewmi spins Sri Lanka U19 Women to big win