I presume that it makes a difference legally. You can't use it as evidence in court (for future court cases perhaps) if you're not legally allowed to have it.
I suspect you're right. Can one, however, be compelled legally to delete a copy of a downloaded video that you were legally allowed to download?
I suspect, therefore, that it will have legal standing that it will not be allowed in court, and it will be illegal to distribute the video, but I feel as though you can't legally compel me to delete it.
Of course, I'm not a lawyer, but I could encrypt the video such that you could never prove I had it.
Wrt the judge/legal process - I wonder what will happen when it turns out that the footage can't be removed. I could see the fact that it can't really be removed being used against KimDotCom by showing something like "the irreparable" harm he did by allowing users to basically upload pirated content that would never truly disappear. So maybe the judge is clever and giving KimDotCom just enough rope to hang himself with?
That was a quote from a photo caption in the news article, not the judge nor the decision (which I cannot find online). It's unlikely the judge was actually under this sort of misconception. (If you have a link to the decision text and it shows otherwise, I'll stand corrected.)
He must follow the media laws, which means that the stream to the public must be live and not a recording. The order is for Kim Dotcom to stop making the stream available once the hearing ends.
If a third-party makes a copy, its not Kim Dotcoms fault in the same way that TV stations are not charged with a crime if someone makes a copy of the news which includes live footage. At worst, the "media" entity is responsible to behave professional and act according to some best practice, but those kind of liability requirement tend to have a high bar.
For people that watch it will be two thoughts. First will be the amazing number of things the prosecution will say that can't be proved, but they throw them out there to see what will stick. Second is how very boring court trials really are.
I'm hardly satisfied with the US copyright regime, but I'm not going to shed any tears for Kim Kimble given his long history of other frauds and scams.
Unfortunately, a portion of his fans either don't seem to be aware of that history, or they choose to overlook because they're wishing for some kind of "stick it to the man" underdog.
Apart from the character at the center, this has to be one of the most interesting court cases in recent times, most definitely the most interesting in New Zealand. Just a few of the things that have happened:
* military style raid in New Zealand ( that turned out to be illegal )
* Illegal spying ( and then winning the right to sue the NZ five eyes spy agency )
* copyright infringement is generally not extraditable so extra charges to make the offence extraditable, e.g. conspiracy
* attempts to stop legal defence through seizure of assets, some of which were eventually were won back
it is not really about the person in this case, but about the case (no pun intended). US gov overreached where normal due process should have taken its course.
That's what he went by on IRC in the early 2000's, yeah. I think a more correct description would be "script kiddie" ;) Despite being considered pretty lame, his company Data Protect managed to attract a few top names in the community. Those years marked the beginning of a (very sad) era where more and more of the really skilled hackers started to sell out to the shady, greedy IC and security industry.
The judge obviously doesn't know how the Internet works, but I applaud his efforts.