It did, in fact, take Megaupload down without a trial. You can argue about whether an indictment represents due process or not, but the Queen of Hearts seems to have set the rule here: sentence first, trial afterwards. The enormous libraries of users' data stored at Megaupload are likely to be burned (in effect) before the trial even begins, and it is very unlikely that the company can return to operation even if found not guilty on every count. Thus it follows in the footsteps of Veoh and Diamond. (Diamond produced the first portable MP3 player, you may recall. It was a huge market success, but defending it in court bankrupted them.)
Generally speaking, "due process" does not mean that a lot of policemen came to an agreement. It means the accused had an open trial in court at which they were allowed to defend themselves.
I didn't realize that the Megaupload employees had already been handed sentences. Could you point me towards this information?
> It means the accused had an open trial in court
> at which they were allowed to defend themselves.
All of this 'due process' talk comes across as to me like:
"Officer? Why are you arresting me? I haven't been convicted yet! Where's my trial? Where's my due process? I'm not supposed to be arrested before my trial, right?"
The Feds seem to be treating this like any other illegal business and busting it up prior to taking it to court. The only difference here is that whether or not the business is illegitimate or not is in a bit of a legal grey area.
If the Feds think that you're using your storefront to smuggle drugs, do you think that they'll wait for a trial to bust you up? Busting your business up is part of the process of taking you to trial.
> Generally speaking, "due process" does
> not mean that a lot of policemen came to an agreement
It also doesn't mean, "my life can continue completely uninterrupted until a court hands down a verdict."
> It means the accused had an open trial
> in court at which they were allowed to
> defend themselves.
That seems to be the plan. Could you point me towards your sources claiming that the Feds don't intend to bring a trial against MegaUpload + employees?
> I didn't realize that the Megaupload employees had already been handed sentences.
The site is down. The company has all its assets seized and is unable to pay hosting bills. FBI "gave permission" to delete the data (never mind it's evidence, BTW), inducing the hosting to get rid of this unpaid-for burden. The damage to their brand is enormous - mainstream media parrot the FBI line and report Megaupload as taken down pirate site, clear-cut case. The trust of legitimate users is forever lost. Even if found not guilty, when the case finally gets to trial in a few years, the company will never be able to recover and restart its business.
Generally speaking, "due process" does not mean that a lot of policemen came to an agreement. It means the accused had an open trial in court at which they were allowed to defend themselves.