MegaUpload: a procedural defect could close the file

Lawyers for Kim Dotcom, the founder of MegaUpload asked for the second time in American justice to dismiss the case. The file could be canceled for procedural.

The MegaUpload site has been closed, but the trial is still in progress, the other side of the Atlantic. As reported TorrentFreaks site, Kim Dotcom's lawyers based their defense on Section 4 of the Code of Criminal Procedure, which provides U.S. a "copy of the summons must be mailed to the last known address of the business within the district, or its principal place of business elsewhere in the United States. "Now, MegaUpload was established in Hong Kong, without an office in the United States and no summons has been issued under the rules, so that under the law, the assignment has no legal value, and thus the trial based on it should be canceled.

But this rule 4 of the Code of Criminal Procedure is being heavily criticized, in October 2012, the Advisory Committee on Criminal Rules has been especially invited to review this rule to remove the requirement to assign a foreign company in the United States. More recently, case law in this direction: the Virginia court found that there was no obligation to comply with this rule of procedure when it was not practicable to comply.

The question is whether the judge who handles the MegaUpload file will strictly enforce the Code of Criminal Procedure, or if it will build on the recent jurisprudence of the Court of Virginia.