Renowned Attorney Bennett to Represent Megaupload
January 20, 2012, Associated Press
File-sharing website Megaupload has been charged with facilitating illegal downloads of copyrighted movies and other content.
Stefan Mentzer, an intellectual property partner with White & Case, said it is likely that Megaupload will try to argue at least two defenses: One is that its service qualifies for a so-called "safe harbor" under the Digital Millennium Copyright Act if it can show, for instance, that it had no actual knowledge that infringing material was on the Megaupload system. Another possible defense would be jurisdictional — specifically, that there is no basis to indict a Hong Kong-based company like Megaupload in the Eastern District of Virginia. But Mentzer said both defenses would be a challenge, given the evidence that prosecutors appear to have collected.
"The Department of Justice doesn't just cavalierly file these lawsuits," Mentzer said.