Kim Dotcom

Independent legal opinion on the Dotcom decision

www.radionz.co.nz
Author Nicky Hager holding the proof of having created a commercial product from my property.

Rick Shera writes

Apart from the overall decision itself that the appellants are eligible for extradition, a few very interesting things that leapt out:

  • We’re already starting to see the impact of the Supreme Court’s decision in Dixon (Dixon v R [2015] NZSC 147), that digital files are property. With that finding in hand, it now becomes a simple matter to find that “property”, when referred to in any provision of the Crimes Act, refers to digital material. So, in Dotcom, the High Court finds that the there would be a prima facie case under New Zealand law that the appellants have obtained property (the alleged infringing copies of films) by deception under section 240 of the Crimes Act 1961 and therefore that that provides a “pathway” for extradition. One wonders how long it will be before we see a civil action for conversion of digital files.

Digital files being property will be very useful in any future legal encounters where I get to question Mr Hager on the use of stolen property.   And then making money from it.   Read more »

Get used to wearing orange, fatty

Get used to wearing orange, fatty

Bye, bye Fatty, been a pleasure knowing you, not.

Kim Dotcom can be extradited. Next stop Leavenworth, stainless steel jewellery and an orange boiler suit.

Kim Dotcom and his three co-accused are eligible for extradition to the US, the High Court has ruled in a decision just released.

The US Government has been seeking to extradite Dotcom, Mathias Ortmann, Bram van der Kolk and Finn Batato to face trial on 13 counts, including allegations of conspiracy to commit racketeering; copyright infringement; money laundering and wire fraud since 2012.

In the High Court finding released today, Justice Murray Gilbert upheld a decision by the District Court that there were grounds for the quartet to be extradited,   Read more »

Tagged:

Has National been hacked, will there be a book and will it influence the election?

screenshot-whale oil

Rumours are not facts and at the moment all I can write about are rumours. Kim Dotcom has stated that the National Party has been hacked and that there is a huge amount of stolen information available but we only have his word for it. If his claim is true will Nicky Hager be in bed with the hacker once again and will he use stolen information to release another politically timed book? If he does will it be from a second hack or will it be new information from the original hack that Rawshark has now given him? Everyone has assumed that only Whaleoil was hacked because the book focussed on us but everyone must remember that Hager thought we could be used to bring down the National government. Also, Hager could only write his book based on the selective information that Rawshark chose to release to him.

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John Banks back in court

Former Auckland mayor and MP John Banks is chasing $190,000 in costs for his wrongful conviction and acquittal for filing a false electoral return.

At a Court of Appeal hearing in Auckland on Wednesday afternoon, a panel of three judges heard Bank’s lawyer argue why a High Court decision not to award his client $190,000 in costs should be overturned.

David Jones QC alleged Banks’ original trial judge, Justice Edwin Wylie, had been “duped” by fabricated evidence given by Kim Dotcom and his team. Read more »

Dotcom says he could have proved the Moment of Truth, but decided not to

Laila Harre has popped up in the news giving tame interviews to friendly journos to try and do some image repair after her high profile crash-n-burn with Dotcom’s Internet party.  Apparently, the “Moment of Truth” email was genuine, but Dotcom held critical information back.

Yeah, really!

The Herald approached Dotcom on the issue [yesterday], receiving an emailed response. He said: “I’m 100% sure that the email is genuine. Unfortunately it was leaked without headers.

“My lawyers advised me against using it at the Moment of Truth. They suggested to use the courts, at the appropriate time, to seek discovery and depositions.”

He said it had been difficult to get all the discovery which he believed was necessary for his case and was hoping to address that in a case before the Human Rights Tribunal shortly.

The so-called email was dated October 27, 2010 and was purported to be from Warner Brothers chairman and chief executive Kevin Tsujihara. The content of the so-called email claimed it had been sent to a senior executive at the Motion Picture Association of America – the lobby group for the Hollywood studios. Read more »

Fatty’s latest scheme flops at launch

Fatty Boomsticks has run to his favourite tame reporter to spin the failure of his latest venture.

David “Anal” Fisher tries his best but the stench of failure is emanating from Dotcom’s fat arse.

Kim Dotcom’s launch of his latest venture has hit a last-minute problem, aborting its launch on the fifth anniversary of the FBI-inspired raid which saw the entrepreneur arrested.

The reason for the stall is unknown but it came with less than 90 minutes before it was due to launch.

Dotcom had forecast the new online storage and payment system would be worth billions of dollars.

But after forecasting the imminent launch about 5am today, Dotcom posted to Twitter: ‘Sorry but there has been an expected hiccup. Will tell you all about it later today. Let this play out and give me some time to update you.’

…When the Herald asked early afternoon, Dotcom emailed to say: ‘We hit a roadblock today…

‘We are working on it and I can’t comment on what happened yet.

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Déjà vu: NZ Journalist, criminal hack, wikileaks and Kim Dotcom

Here we go again. Is this the new normal for politics? I guess it is. This time round instead of hacking Whaleoil, Rawshark 2.0 has gone directly after the National Government. No doubt emboldened by the fact that Rawshark has never been brought to justice they have allegedly stolen 2 terabytes of information. The only difference this time round is that the journalist (who once again is linked to Kim Dotcom) is not writing a book with the stolen information but is allegedly running away to Russia to claim asylum while the stolen information apparently is destined for Wikileaks.

Is this a Martyn Bradbury drug induced fantasy? Is the journalist in question really that afraid or even a journalist? Suzie Dawson? Never heard of her. Our sources say she was a member of Occupy and a prolific tweeter during Dirty Politics. Even Martyn Bradbury calls her a blogger rather than a journalist. At one stage she took up a friendship with fraudster Ben Rachinger who December last year pleaded guilty to obtaining by deception and who is now awaiting sentencing. Ben Rachinger you may remember is the young man who approached Whaleoil offering to help us catch Rawshark after we were hacked.We were so taken in by him that we asked him to assist the New Zealand Police with their enquiries.

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Laila Harré rejoins Labour, putting the dirty politics crew back together

Laila Harre

Labour is putting their dirty politics crew back together with Laila Harré announcing she is rejoining Labour and seeking nominations.

Rumours have been flying around for days and earlier yesterday we put it out there.

It was no surprise then that Andrea Vance, one of Nicky Hager’s go to media peeps, suddenly had an exclusive:

After 30 odd years, Laila Harre has re-joined the Labour Party – and she wants to be a Labour candidate at next year’s election.

“It’s been a while. It’s really great to be back,” says Ms Harre, who first joined Labour in 1982 at the tender age of 15.

It has been a varied, roller-coaster ride of a political career since then.   Read more »

So bloody what? Media party jumps shark in attacking Brethren

Bevan Hurley has jumped the shark this morning, and his former pals at the NZ Herald joined in too, in attacking the Brethren for daring to have Steve Hansen and Willie Apiata speak at one fo their conferences.

All Blacks coach Steve Hansen and Victoria Cross winner Willie Apiata were among top-dollar guest speakers at a controversial $2000-a-day Exclusive Brethren business conference this week.

Hansen told more than 2200 guests about the values of teamwork at the event, named “Game Plan 2016” and held at Auckland’s Vector Arena. The event was organised through an Exclusive Brethren-run business network called the Universal Business Team (UBT) – an expert on the closed and conservative church called the speakers’ involvement “unprecedented”.

The Exclusive Brethren came to prominence in New Zealand in 2005 for secretly trying to influence voters to support the National Party, with an expensive attack campaign against the Greens and Labour. National leader Don Brash resigned from Parliament in 2006 following revelations of his close links with the Brethren, who reportedly spent $1.2m trying to buy the result of the 2005 general election.

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Kim Dotcom has got a plan so cunning you could pin a tail on it and call it a weasel

kim-3-001

 

Stop the Press, Kim Dotcom has a cunning plan to change the government. He will use exactly the same tactics but this time, he will spend a lot less.

 

screenshot-Whaleoil

screenshot-Whaleoil

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