If I was the crown solicitor I would be immediately seeking to move the Dotcom case from Judge David Harvey…it seems he has been injudicious with his comments recently. While agree with him on the issue of copyright and the TPP the fact remains that he is a Judge and is sitting on a case that involves copyright and extradition…making comments like that could easily be seen as prejudicial.
The judge due to hear Kim Dotcom’s extradition case has referred to the United States as “the enemy” in a discussion about copyright law.
District Court Judge David Harvey has heard parts of the case against the Megaupload founder, who was arrested with three colleagues in January after a request from the United States. The FBI has accused Dotcom and others working at Megaupload website of the world’s biggest case of criminal copyright violation.
Judge Harvey is not due to hear the internet mogul’s extradition case until next year but made his views on copyright known during the launch of the “Fair Deal” campaign last week.
It is legal in New Zealand to use methods to get around these regional codes and make the DVDs watchable but Judge Harvey said the TPP would change this.
“Under TPP and the American Digital Millennium copyright provisions you will not be able to do that, that will be prohibited… if you do you will be a criminal – that’s what will happen. Even before the 2008 amendments it wasn’t criminalised. There are all sorts of ways this whole thing is being ramped up and if I could use Russell [Brown's] tweet from earlier on: we have met the enemy and he is [the] U.S.”
Judge Harvey’s remark is a play on the line “we have met the enemy and he is us” by American cartoonist Walt Kelly.