“The United States has charged Kim Dotcom with criminal liability for the acts of his Megaupload cloud storage users, a form of secondary copyright infringement. But no criminal statute for secondary copyright infringement exists.”
“Accordingly, the request for preliminary injunction is DENIED. Should the parties choose to string this case out to trial on the merits, the Court encourages reasonable discovery intercourse as they navigate the peaks and valleys of litigation, perhaps to reach a happy ending. It is so ORDERED.”
“The circuit courts of appeal have consistently acknowledged that the government, having designated a forum as a public forum subject to the First Amendment rules that are applied to traditional public fora, may close the designated public forum as it sees fit.”
“Mr. Rosen was assured by the owners of the disputed artwork that it was indeed authentic.”