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Tag: New Zealand

  • Kim Dotcom Awarded Access To Evidence Against Him

    Kim Dotcom has a reason to be happy today. Sure, he’s scored some minor wins here and there, but he’s never scored a big win in his case against the American government. Today is that big win.

    According to TorrentFreak, the New Zealand judge in the Megaupload case, David Harvey, ruled that the U.S. must hand over any and all evidence it has against Dotcom and Megaupload. When the judge says evidence, he really means all the evidence. Not only must the U.S. hand over the evidence that they have in New Zealand, but also all evidence that the FBI has obtained.

    As always, the U.S. objected to the ruling by saying Dotcom doesn’t have the right to view the evidence against him during the extradition process. Disagreeing with that, Judge Harvey ruled that Dotcom has a right to mount a proper defense against the accusations levied against him.

    If you’ve been following this case at all, you’ll know just how big this is. Every step of the way, the U.S. government has tried every tactic to make this case as unfair as it possibly can. It has attempted to erase the company’s servers, denied Dotcom his own property to use as evidence and tried to keep him in prison.

    Judge Harvey also made some interesting comments in regards to the case that are worth pointing out as well. He says that the U.S. is trying to apply civil copyright laws to a criminal copyright case. All of the other charges that have been brought against Dotcom rest on whether or not they can prove that Dotcom has indeed violated copyright. The weird mash-up of civil and criminal copyright law makes the case that much harder to actually rule on.

    The U.S. has 21 days to hand over the evidence it has against Dotcom. From that point, he will probably start preparing his defense. Dotcom has been confident that he will prove the charges levied against him are insubstantial.

    TorrentFreak was kind enough to upload the entire 81-page court document. It’s a fascinating read about copyright law and how the Megaupload case has been handled thus far:

    Torrent Freak Mega Extra

  • Kim Dotcom Using Passwords As Bargaining Chips

    It’s been relatively quiet on the MegaUpload front recently. After a U.S. judge said that the trial may not even happen, it seemed that all the parties seemed to have just given up. It appears that is not the case as Kim Dotcom is now fighting for the return of his computers and hard drives.

    TorrentFreak is reporting that Dotcom has requested a judicial review of the search warrants that were used against him back in January. The legality of the search warrant was already brought into question before, but the police filed the proper warrant. The result was that Dotcom got back some of his money, but he’s now fighting to get back something more important – evidence.

    Dotcom’s defense argued that the hard drives and computers are needed to mount a proper defense against the forces that seek to extradite him to the U.S. He also wants to use the information to prove that the police used excessive force against him in the raid that he claimed left him with a bleeding hand from a ruptured fingernail.

    As always, the U.S. doesn’t want Dotcom to have any chance of a fair fight. Their new tactic is saying that the existence of encrypted files on the hard drives means that he must be hiding something. Dotcom claims that he isn’t and is happy to show the authorities what is behind those encrypted files. The catch? They have to return the computers and he will supply the passwords. No computers means no passwords.

    In more troubling news, the New Zealand court had reportedly assured Dotcom’s defense in the past that the information on the hard drives would not be sent to the U.S. without prior warning. It was revealed during the hearing that the New Zealand authorities had already been sending all the information to the U.S. without telling anyone.

    The concern now is that New Zealand will send the hard drives to the U.S. effectively removing them from New Zealand jurisdiction. It’s all part of the conspiracy that Dotcom has been talking about for months now as he believes the U.S. is cooperating with the copyright industry to bring him down as a personal favor. He believes that the record industry was scared of the competition that Dotcom would bring to the table with his music service instead of any legitimate complaints of copyright infringement.

    All of this was just too much for Dotcom as he reportedly had an emotional breakdown in the courtroom. He said that having to relive those days when he was torn away from his family were “unfair and over the top.”

    Now everything is up to the judge in the case to decide if Dotcom should get his belongings back. This case has been all over the place so it’s hard to say what will happen. We’ll hopefully know within the next few weeks. Until then, we’ll keep you updated on any other developments in the MegaUpload Saga.

  • FYX No Longer Offering Its ‘Global Mode’ Workaround

    We reported this past week on FYX, the new ISP in New Zealand that offered a “Global Mode” that would have let its users access geo-blocked content like Netflix. Those plans have been dialed back as FYX rescinds the service only 48 hours after it went live.

    The Register is reporting that FYX pulled the option even though the whole idea behind the ISP was to offer its citizens a legal way around the unnecessary content blocks in the country. Without its advertised “Global Mode,” the ISP really has nothing that sets it apart from the other ISPs in the nation. It doesn’t seem that it’s gone for good though. It’s more like the service has gone into hiding while it works out all the legal ramifications.

    A statement on the Web site entitled, “FYX stop global mode. For now…” had this to say on the matter:

    FYX has a made a decision to withdraw its popular ‘global mode’ service from the market for the time being.

    FYX sincerely apologises to our customers and the New Zealand internet community for putting a halt to ‘global mode,’ which will happen tonight at 11.59pm.

    While legal opinions have supported FYX’s global mode under New Zealand law, there are matters that require further consideration before continuing the service.

    It’s true that the service is technically legal according to New Zealand law, but that didn’t stop the U.S. from breaking into a private New Zealand resident’s house under an unlawful court order because Big Media said he infringed on their copyright.

    I assume that FYX is probably going to bring back “Global Mode” but on a much more limited scale. It would appear that consumers wanting to legally watch programs on Netflix and the like are going to have to stick to using proxies or use the overpriced, monopolistic video delivery service offered by local ISPs.

    In perhaps an attempt to at least retain or attract customers after losing its only worthwhile service, FYX has lowered its price to $30.30 a month with $0.30 per GB. The ISP claims it will “continue to work for the benefit of New Zealand consumers.”

    “Global Mode” would have been to the benefit of New Zealand customers as they, alongside Australia, have to put up with higher fees for digital content that other nations get for less. Here’s hoping that FYX is able to offer “Global Mode” again sooner rather than later. Not everybody knows how to set up a proxy.

  • New Zealand ISP Skirts Region-Restrictions With a “Global” Mode

    When are movie and television studios going to learn that the internet effectively makes any country or region-specific premiere into a global premiere. It’s clear that piracy is simply a market correction for those markets that can’t legally obtain already-released content in their area. It’s the stubbornness of studios that refuse to give up on regional releases or that overcharge in certain markets that is fueling piracy. That, and cable monopolies that force viewers who want to watch one show that airs on a premium cable channel to buy an entire cable TV package.

    Streaming services such as Hulu and the British Broadcasting Corporation’s (BBC) iPlayer similarly restrict content to certain geographical locations. Smaller countries with less buying power are sometimes overlooked completely when it comes to restrictions and late content releases, and at least one internet service provider (ISP) in New Zealand is saying “no more.”

    Fyx is a new ISP in New Zealand founded on the promise to provide its customers with the most access and freedom that it can. The provider operates with what it calls “Global Mode,” enabled. For customers, this means they no loger have to worry about being locked out of region-restricted online content, and will no longer see messages such as this:

    BBC's iPlayer region restriction message

    Fyx doesn’t go into detail about how they accomplish their Global Mode, but the company probably has a software solution that spoofs its location, rather than proxy servers in each content region. Fyx is also careful not to give its customers explicit permission to break the law, stating that compliance with any services’ terms and conditions is a subscribers’ responsibility.

    What do you think? Is “Global Mode” a feature or is Fyx flouting some copyright law? Will Fyx stand strong in the face of the predictable lawsuit? Leave a comment below and let us know.

    (via Ars Technica)

  • New Zealand ISP Offers Workaround For Geo-Blocked Content

    Living in a country that is not the U.S., Canada or the UK can be a pain sometimes, especially when it comes to accessing online content. Many online services like Netflix geo-lock their Web site to only certain countries. People in, say New Zealand, can access these sites via proxy, but not everybody is tech savvy enough to take advantage of such technologies.

    Enter FYX, a new ISP start up in New Zealand that’s offering users the chance to access these geo-locked sites through their service as part of their basic service. It’s a subsidiary of New Zealand ISP Maxnet, but it’s differentiated itself to perhaps keep its parent company out of legal trouble.

    The new ISP’s focus is on “offering a much bigger Internet to New Zealanders – the type of Internet the rest of the world have had access to for years,” said Chief Internet FYX-er Andrew Schick speaking to New Zealand’s National Business Review.

    NBR points out that Sky TV currently holds the rights to downloadable media like TV, film, etc in the country. It’s not only damaging the growth of local services, but it keeps out other services from competing against their monopoly. It’s these kind of monopolies that users could get around with FYX.

    Netflix, Hulu and the like have all made more contributions to the fight against piracy than any government-mandated action. They can do this because they offer a better service than what you can get through piracy. Blocking access to these sites based upon where you live only serves to incentivize piracy instead of encouraging legal alternatives.

    New Zealand Computer Society CEO Paul Matthews summed it perfectly when speaking to NBR:

    “Enforcing content access based on location is enforcing an ‘offline’ business model on the online world. That model was always going to break sooner of later. Hats off to Maxnet for pushing the issue.”

    The Web has the potential to innovate and completely change a lot of traditional business models. As much as people in the MPAA and RIAA want to say that they are keeping up with these changes, the prevalency of piracy proves them wrong. If they were truly supportive of the net, piracy would play a much smaller role in how people access content.

    While this story is great news for New Zealanders, I wonder how long it will take for something similar to happen in other countries, maybe even the U.S. We have content geo-blocked here as well. While I can easily use a proxy to access foreign Web sites to watch the newest episodes of a show, I would love to watch it with the full consent of the producers.

    Do you like the idea of ISPs offering a workaround for international content? Do you see it causing any problems in the future? Let us know in the comments.

  • Kim Dotcom Rap Slams New Zealand MP John Banks

    When we last left Kim Dotcom, he was on his way up after recently having some of his money and possessions returned. Previously, Dotcom was also given a bit more freedom to access the Internet among other things. One of those other things was going to a recording studio to finish work on an album he had been working on.

    It seems that he used his time at the recording studio to create an original rap that slams New Zealand MP John Banks. The song references a scandal that Banks is currently embroiled in where he claims that he never received money from Dotcom, while Dotcom claims that he gave Banks two checks totaling $50,000 so they could be kept anonymous.

    I’m a big fan of rap and hip-hop so getting a chance to hear a Dotcom performance was pretty exciting. The actual song, however, is pretty bland. It’s mostly samples taken from interviews with Banks while Dotcom serenades us with a repetitive chorus. It gets the point across, but it doesn’t accomplish much else.

    From my coverage so far, it’s pretty obvious that I’m supportive of Dotcom, but I don’t think he should be using his free time and money this way. He has way bigger fish to fry than a dispute with a local politician. He should be putting his money and resources towards his upcoming extradition fight. Even if the judge rules against the U.S. (and it’s looking likely), Dotcom still has to contend with his personal battle.

    Regardless of my own feelings, check out the “music video” for Dotcom’s newest song called “Amnesia.” It’s certainly no Megaupload Song, but hopefully Dotcom’s other musical efforts will be more ambitious.

    As an aside, it’s somewhat ironic to see the founder of Megaupload having to resort to competing file sharing services to provide free download links to his newest song. It makes me a little sad as well.

    [h/t: Ars Technica]

  • Reports of Meteor Sightings in New Zealand

    Witnesses called in to New Zealand’s channel 3 news to report sightings of a fiery object that they observed between 6pm and 7pm on Monday.

    Kim called in and said that she saw an “object the size of a helicopter on fire.” She ran in horror and grabbed her daughter because she thought that “it was about to explode.” She insists that the UFO was not a vapor trail but a “ball of fire.”

    (image)

    David called in with his story as well. He said that he was picking up his son from Rugby practice and driving towards Wellington when he “saw a huge green or blue ball race across the sky and disappear.” He noticed that the ball left a huge stream of vapor which leads him to believe that it was a meteor. He went on to say that ” it was a huge ball of light … and reminded him of some of the dinosaur movies he had seen.”

    A Cantabrian family also witnessed the beautiful intensity of the “meteor,” which came low to the horizon with two bright flashes and trails of smoke:

    “Like an arc welder torch, it seemed VERY close and low to us, was waiting for the bang it seemed so close and bright, but obviously moving at tremendous speed. I have never seen anything like this!”

    Other witnesses have come forward from Christchurch, Whanganui, Wellington, Kapiti Coast, Nelson and Kaikoura.

    (image)

  • Google Maps Traffic Data Added For Norway, New Zealand, Hong Kong

    Since it began tracking live traffic conditions in 2008, Google Maps has continuously added more and more locations to the service so that travelers can plan accordingly around hairy gridlocks and untimely commuting routes. Via the Lat Long blog today, Google Maps announced that major cities and highways in Norway, New Zealand, and Hong Kong will now be able to take advantage of the feature as they will now have some live traffic coverage with their respective maps.

    Users can toggle the live traffic coverage by selecting ‘Traffic’ from the dropdown menu in the top-right corner of the map. Using a color-coded legend, with green meaning that the traffic is moving fast, you can see what the activity is like on the streets before you embark into the frenzied world. Below is an example of what traffic is currently like in Central, Hong Kong, near Victoria Harbor.

    The feature will be available on both via the Google Maps website and via mobile access either through iOS or Android devices. In an example taken from my nifty iPhone, you can see that the Auckland-Kumeu Motorway and other nearby highways are currently pretty traffic-laden.

    The Lat Long blog points out, too, that if your in parts unknown as far as Google Maps live traffic coverage goes, you can contribute to Google Navigation or Google Maps for Mobile while traveling and share information with your fellow travelers.

  • Kim Dotcom May Get His Money Back

    Kim Dotcom May Get His Money Back

    Things are looking up for Kim Dotcom these days. After being arrested and denied bail multiple times, he finally was granted bail last month. He was then on the verge of a deal that would let users of MegaUpload get their files back. He also found that people within the DoJ and the US Senate were using MegaUpload which could help his case in some way. Now he may get his money back due to a “procedural error.”

    The New Zealand Herald is reporting that police issued the wrong court order when the seized Dotcom’s assets back in January. The judge overseeing the case called the court order “null and void.” This is great news for Dotcom who has been denied all of his assets over fears that he may use them to skip countries and not be present for his upcoming extradition hearing.

    The police and legal team responsible for the seizure admitted their mistake and are now filling for a new restraining order that would keep Dotcom’s funds out of his hands. Dotcom’s legal team are using the chance they’ve been given to call the seizure “unlawful.” The judge is scheduled to make a judgment on the matter soon.

    It would be great news if Dotcom got his money back. Even though Dotcom is out of jail, he still has no money to mount a legal defense against the charges brought against him. He claimed in a TV interview this month that he was going to fight back against the charges. He would be in a much better position to defend himself if he had his money back.

    The MegaUpload case just keeps on getting more and more interesting. Dotcom’s extradition hearing is scheduled for May. Expect more news to come out of this before then. We’ll keep you updated on any changes in the MegaUpload saga.

  • New Zealand Sees Dollar Signs Not Illegal Downloads With Kim Dotcom

    In 2010, New Zealand immigration officials decided the potential money mattered more than the negative press from allowing Kim Dotcom to move to and reside in their country. When Billionaire, Dotcom filed for residency and his application was in consideration by New Zealand officials, the founder of MegaUpload had promised to sponsor a huge fireworks show in the country for $600,000 and was making a number of contributions to local charities.

    New Zealand officials agreed to approve his residency request after he threatened to move to Canada or Australia. An immigration official, Chris Biggs said, “The applicant has already made a substantial economic contribution to New Zealand through his spending here and will make further investments. I consider that these benefits and potential benefits outweigh the negative aspects flowing from the applicant’s convictions.”

    @RealTonyRocha
    Tony Rocha    #money Summary Box: Kim Dotcom’s money won him residency http://t.co/Ec6dZ6Oh 42 minutes ago via dlvr.it ·  Reply ·  Retweet ·  Favorite · powered by @socialditto

    @successlady
    D. Ross Curington    Kim Doctom’s Cash Won Him Residency: Kim Dotcom’s money trumped his criminal past in winn… http://t.co/6eKPqPea & http://t.co/BGrl8qul 3 hours ago via twitterfeed ·  Reply ·  Retweet ·  Favorite · powered by @socialditto

    This year, authorities in the United States have charged Dotcom with racketeering and are seeking his extradition from New Zealand. Dotcom, through his website, MegaUpload, has facilitated millions of illegal downloads on the web. The site was shut down in January. He already has criminal convictions for computer fraud and manipulating stock prices in Germany and for failing to disclose information to Securities officials in Hong Kong. Dotcom has been fined but has so far been able to avoid any time in jail.

    @robinwauters
    Robin Wauters    Zing RT @LooksLike: Kim Dotcom Totally Looks Like Humpty Dumpty http://t.co/Dso3YyiI 7 days ago via web ·  Reply ·  Retweet ·  Favorite · powered by @socialditto

  • Google Australia Introduces Student Ambassadors

    Google Australia’s official blog introduced it’s newly appointed student ambassadors Tuesday, at the inaugural Google Student Ambassador Summit at it’s Sydney office. Google selected 52 students from 23 universities across Australia and New Zealand, who will learn about Google products and programs, and organize campus events at their respective schools.

    Google states, “our ambassadors are a diverse bunch. Not only are they geographically scattered, but they have majors from computer science to anthropology, business and even zoology. What they all have in common is a passion for new technology, enthusiasm about Google, and deep involvement in their school communities.”

    A couple of the new appointees profiled are Desiree Kelly, a full-time bachelor of IT student at Griffith University near Brisbane, and Sam Jarman, a computer science major at Canterbury University, in Christchurch, New Zealand. Desiree and Sam learned about Google Apps for Education, YouTube, Google Chrome, Google Maps, Google Places and Google+ during the the two-day summit.

    The ambassadors will take many new ideas back to their campuses, and one of the new recruits put together a new ANZ Student Google Ambassador circle on Google+.

    It has been recently reported that Google+ is making steady gains in it’s Australia audience, where Facebook usage has been down.

  • Megaupload’s Kim Dotcom Doesn’t Make Bail

    Megaupload’s Kim Dotcom Doesn’t Make Bail

    Seven of Megaupload’s employees and the company itself are accused of providing copyrighted material online without paying royalties. The company’s staff and Founder Kim Dotcom has been arrested and incarcerated.

    Dotcom himself made over $41 million just last year. Claiming he had done nothing wrong, his attorney’s argued for his release on bail from a New Zealand jail however; prosecutors in the case consider him a significant flight risk due to his great wealth.

    In the meantime, several other employees have had warrants issued by the United States in connection with the alleged copyright infringements . Estonia’s Andrus Nomm, and Germany’s Sven Echternach have been taken into custody however, a third man, Julius Bencko of Slovakia, is still sought in connection with the crimes.

    Dotcom maintains that his site is perfectly legal and that he has done nothing wrong. He also claims that he was compliant with the FBI’s request that he shut down the site. Still, the court denies bail due to the millionaire’s reportedly “shady past” and his significant financial resources.

  • Facebook Begins Timeline Rollout

    Facebook has announced that it has begun rolling out the new timeline to users, starting with New Zealand. Prior to this announcement, the updated Facebook profile was only available to developers.

    According to an updated post on the Facebook blog:

    “We announced Timeline in September and made it available to developers building apps on our platform. Since then, over a million people have signed up for the developer beta to access Timeline. The feedback we’ve received so far has been invaluable. Starting today, we are making Timeline more widely available as we measure speed and other types of performance. We’ll begin by making it available to people in New Zealand and then roll it out more broadly in the near future.”

    As you read there, Facebook will make the timeline available in more areas soon. Currently there is no timetable on when it will be fulled rolled out.

    For those of you who aren’t familiar with the Facebook timeline, here is the official description:

    Timeline is wider than your old profile, and it’s a lot more visual. The first thing you’ll notice is the giant photo right at the top. This is your cover, and it’s completely up to you which of your photos you put here.

    As you scroll down past your cover, you’ll see your posts, photos and life events as they happened in time. You choose what’s featured on your timeline. You can star your favorites to double their size or hide things altogether.

    Are you looking forward to having the timeline? Tell us your thoughts below.

  • Christchurch, New Zealand Earthquake – People Finder Tool Released by Google

    Google has launched a people search tool to help people affected by the earthquake in Christchurch, New Zealand. With the tool, users have to options:

    – I’m looking for someone
    – I have information about someone

    The tool can be accessed here. 

    Google allows people to embed the tool on their own sites as such:

    Get the code here. 

    You can also add it as a Google Gadget. 

    The company notes that all data entered will be available to the public, and will be viewable and usable by anyone. Also, Google does not review or verify the accuracy of the data.

    At the time of this writing, Google is tracking about 4,900 records.

  • New Zealand Concludes Street View Investigation

    The lawyers responsible for handling Google’s affairs in New Zealand may finally be able to breathe a sigh of relief.  The Privacy Commissioner of New Zealand announced today that she’s concluded her investigation into the Street View data collection debacle, and Google will not face any fines or significant penalties.

    That’s not to say the search giant’s off the hook in every respect; from now on, it’s supposed to work more closely with Privacy Commissioner Marie Shroff, and she gave the company a bit of a reprimand in a formal statement.

    Shroff wrote, "It failed to tell people that it was collecting the open WiFi information and what it was going to use it for.  This was not good enough.  Google also breached our privacy law when it collected the content of people’s communications."

    Still, the Privacy Commissioner later added, "I am pleased that Google has taken full responsibility for the mistakes it made here, and that it has improved its practices to prevent future privacy breaches.  This includes training their staff better, and checking new products carefully before they’re released."

    Google should be more than satisfied with this outcome.  The New Zealand Privacy Commissioner’s ideas are indeed covered (and then some) by the company’s own promise to create stronger privacy controls.

  • NZ Police Clear Google In Street View Scandal

    When it comes to Street View and the collection of sensitive WiFi data, Google is, at least to some degree, safe from serious penalties in New Zealand.  A police investigation has determined that the company didn’t violate any laws.

    Privacy Commissioner Marie Shroff referred the matter to police in June, which seemed to put Google in a precarious position.  Logic dictated that Shroff wouldn’t call in law enforcement for no reason, after all.

    But fortunately for the search giant, New Zealand police said in a statement today, "An investigation by Police has determined that there is no evidence to suggest a criminal offence has been committed."

    Detective Senior Sergeant John van den Heuvel of the Police National Cyber Crime Centre just suggested, "Anyone using Wi-Fi needs to ensure they have appropriate security measures in place.  People should not underestimate the risk that information they broadcast might be accessed by others, either inadvertently or for more sinister purposes."

    GoogleNow the ball is back in the privacy commissioner’s (figurative) court, and she hasn’t made clear whether her office will take further action or not.

    We’ll be sure to report any other noteworthy developments that occur.