Want to get rid of Dotcom? Not so fast…

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He’s back in court today to appeal the previous ruling that he should be extradited.

The appeal is due to last eight weeks, though Mr Dotcom’s lawyers have said they expect the case to be appealed by either side through all stages of the legal system up to the Supreme Court – a process that could take many more years to complete.

Mr Dotcom has already fired an opening salvo at US authorities, asking the High Court to let a livestream of the appeal hearing go ahead.

His lawyer Ira Rothken said the only reason the US could have for opposing the livestream was if they feared their case was not strong enough to stand scrutiny.

The burden of proof for extradition is low – like a committal hearing in a domestic criminal case, prosecutors do not have to prove guilt; they need only show that on the face of it there is a case against the men.

Crown lawyers have argued on behalf of the US that Megaupload was a “simple scheme of fraud” that wilfully breached copyright on a huge scale by hosting illegally-created movie, music and software files. The site aided and abetted users who uploaded popular illegal files by paying them financial rewards, the US said.

Mr Dotcom’s lawyers argued Megaupload was set up as a legitimate file-storing site, and there were a large number of people who were using it for that purpose. They said their client could not be held responsible for the illegal actions of some users.

However, the North Shore District Court found there was an “overwhelming preponderance of evidence” against Mr Dotcom and the other men.

Under digital copyright law both in New Zealand and the US, an internet service provider is protected from liability for the behaviour of its users, provided a major purpose of the service is legal, and the site complies with takedown requests.

But the court found that ‘safe harbour’ provision did not apply because there was evidence to suggest the men knew the site was hosting copyright-infringing files and encouraged that behaviour.

Like it or not.  Our jolly German “Internet Entrepreneur” is going to grace us with his presence for some time to come.  All we can hope for is that the last judge in this elongated process is going to be the one that puts him on a plane.

 

– RNZ

  • Kevin

    “Mr Dotcom’s lawyers argued Megaupload was set up as a legitimate file-storing site, and there were a large number of people who were using it for that purpose. They said their client could not be held responsible for the illegal actions of some users.”

    It’s interesting that, at least as far as I know, KDC’s lawyers have never explicitly denied the FBI’s allegations that megaupload directly participated in illegal activity including the uploading of copyrighted files.

    Instead they’ve just ignored the allegations and pushed the narrative that megaupload was a simple cloud storage service – a narrative that the MSM has bought, and continues to buy, hook, line and sinker.

    • All that would be true if it wasn’t for

      – the deliberate attempts to profit from the customers doing it

      – the deliberate omission to implement mitigation

      – the Skype conversations showing awareness what they were doing was illegal in their own judgement

      • Keeping Stock

        Quite so Pete. The arrogance of Dotcom and his co-accused fair dripped from those Skype and e-mail transcripts. They knew they were breaking the law, but arrogantly expected to get away with it and make a killing.

        • Hard1

          It is no accident that Dotcom established himself here. This was planned in advance. We are without a doubt the softest Western country on crime and punishment.
          “It takes something more than intelligence to act intelligently.”
          ― Fyodor Dostoyevsky, Crime and Punishment

      • biscuit barrel

        Thats how youtube got started, people posted copyrighted videos and music that wasnt their own.
        But Youtube was ‘too big to take down’?

        • If you don’t understand the difference, don’t comment on this topic.

          If you do understand the difference, you are at risk of losing your access here.

          This blog does not have a neutral stance on Kim Dotcom, and to needle us is to take a serious risk. Be smart, or be off.

  • sandalwood789

    Question – KdC said he was “broke”.
    If that is the case then how can he afford a lawyer?

    • Keeping Stock

      He’s broke when pleading poverty suits his agenda, and flush with cash when the reverse situation applies, a la the Internet Party in 2014, where he spent millions. My policy is simply not to believe a word Dotcom says.

      • Hard1

        No word on whether they’ve cracked the encryption on all the files from Coatesville. I’m betting they haven’t. All the information needed to track his financial holdings should have been there.
        The people to go to would be the NSO Group, credited with creating malicious software capable of jailbreaking any iPhone with just one tap of the screen, and then installing vicious spyware.
        This is the go to group for unlocking encryption and tracing hackers.

        • I believe they have. Just not in a way that makes it admissible in court. So they are working with full knowledge but can’t use any of it unless some legal way of introducing it happens to pop up.

  • T Mardell

    On ZB they were saying his lawyers told the Court that “he could only get a fair hearing if all the world could hear the proceedings via the livestream”. Don’t they know that it is the Judge who hears the case, not the public.

  • Hard1

    On the IRD website, we are informed that:

    Your tax pays for public services you can’t fund on your own, such as:
    social security and welfare
    health
    education
    transport and communications
    emergency services, and
    law and order.

    Note the use of “can’t fund”, not “won’t fund”

    But why is my hard earned tax, and yours, paying millions upon millions of dollars for this ongoing debacle. Money that could house ALL our homeless and pay all the costs relating to the pending appointment of Phil Twyford as Honourary Consul to the Kermadecs, including building the Pa.
    Schmitz should have been on the next Grey rendition flight at 3am, once it was established there was a case to answer. Who in NZ would protest this digital criminal being deported immediately?

    • biscuit barrel

      Why has the crown appealed when he asked for and won the right to get some of his money to pay his lawyers ?
      Why did the Crown appeal when two courts said the US had to supply a full record of the evidence against him ?
      Why did the Crown appeal when a judge ruled his search warrant was invalid ?
      Why did the immigration service get pressure from FBI to approve KDC for residency when he wouldnt qualify?

      Its seems that money is going to appeals in this case that isnt going to trials for criminals in NZ who plea bargain down to an easier crime.? Its of no real consequence to us whether years ago he was running a file sharing service.

      • Keeping Stock

        Its of no real consequence to us whether years ago he was running a file sharing service.

        If only he WAS just running a file sharing service bb. But you and I both know that Megaupload was far, far more than that. Paying a few people to provide “unique” (read “stolen”) content, for vast numbers of people to pay a subscription to access was a recipe to print money. But the fault in his business model was that he was ripping off those who had created the content, like the NZ software developer whose product was constantly being pirated, lodged on Megaupload, and downloaded without him making any money on it.

  • Keeping Stock

    Given that the only grounds for appeal in an extradition case is an error in LAW, is Dotcom’s legal team really suggesting that Judge Nevin Dawson made six weeks’ worth of mistakes? From what I read of Dawson’s judgment, he seemed to cover all the bases very thoroughly.

  • Greg M

    Why should it take 6 weeks to decide if Dawson J made an error in law? It should be done and dusted in six minutes.

    • That’s because Mansfield wants to re-litigate the whole case. They are going to try and see if they can trip Asher J up somewhere, thereby creating another branch for appeal.

  • Chris Bell

    I’m so sick of this fat German prat – he has occupied too much airspace and stolen too much oxygen from law-abiding NZers to warrant another mention – get rid of him – I’m sure most NZers can’t stand him and can’t wait to see him gone for good – what a useless piece of crap

  • XCIA

    I guess the mongrel and his mouthpieces want the “trial” broadcast because they have plans to blagg the PM and the government in another tawdry attempt to influence another election.

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