Dotcom Judge says US “the enemy”

NZ Herald

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.


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  • Tristanb

    If someone tried to get me extradited for running a website then I’d consider them an enemy.

    He’s not saying US people are the enemy. On the contrary, not many normal people want these bullshit laws the media companies keep writing for the US government.

  • Phar Lap

    Seems the judge is making a bid to get himself installed in the Supreme Court.Thats the place that Lie-bour and the Marxist “Greens” made possible ,when they fast tracked the demise of the Privy Council.

  • Vlad

    This is really out of order, whatever the merits of the case.

  • Staplez

    Agreed, even though yes the US are the enemy here. And im completely sided with dotcom due to understanding boththe law regarding copyright and the measures he used to take to combat piracy prior to this debacle. The judge can’t say this at all. The nz justice system has been ignored and abused against dotcom we can’t do the same in his favour.

  • A-random-reader

    He was repeating a clever pun.

    He was also completely right. The TPP is bad law.

  • Alex

    The idiot: did he contemplate how this might go down in the USA when NZ comes asking for better access to the US market for agricultural products?!

    • Vikingonmars

       yeh right. that will happen when all the cowpokes have died and gone to heaven. Even as best freinds we will never get the yanks to yank their farming subsidies. And we don’t need them there are bigger and better markets elsewhere.

      • Alex

         you might well be right, but does that undermine my point that it will likely be used to strengthen US opposition to free trade with NZ?

    • Mr_Blobby

      What on earth has access to a market got to do with the Justice system.

      • Alex

         Calling the US “the enemy” is not what judges are meant to do.  Wish you’d put your sympathies aside and see the potential implications of this marvellous “soundbite” when it’s reported (as I guarantee it will be) by the USA media.  And the additional stupid thing is that the US will now probably view any NZ court decision in favour of Dotcom as being tained by an anti US bias.

  • 1souvlaki

    Which judge ruled against u WO?

  • Mr_Blobby

    This case is fast becoming about how the NZ Government, crown prosecutor and the Police treated Dotcom.
    I struggle with the fact that a resident of New Zealand was arbitrarily deprived of his freedom and his assets likewise arbitrarily seized. To date, to my knowledge, only on an accusation from another country. How many conventions on basic human rights have we trampled here to appease another country. You have to ask the question, who could this happen to next. Maybe a blogger who allows a poster to cut and paste a story about Mickey Mouse.
    So Dotcom was Dotwronged and to save face, and look good to the US, one way or the other he will be Dotgone.
    Whatever happened to we are a sovereign nation and will make our own laws. This situation is wrong on every level.

  • Ross

    There is a very big article in the latest June 23 Fortune Magazine (p79-88) on this case.  Their analysis – based on US Supreme Court and other US legal precedent – the US Government are going to struggle to win.  Their analysis of the NZ legal situation – the US Government is going to struggle to extradite Dotcom.  Very interesting reading…

  • Scanner

    Isn’t it awesome when the Jews in Wallywood can exert enough pressure on an organisation like the FBI to reach all the way down here and push the button to turn our police force into SWAT mode, just because they are slow enough to allow technology to slide right by them and have someone else beat them to the punch.
    Must stick in their craw that it was a German, guess that make the pie even harder to chew.