A New Zealand judge yesterday ruled that Internet entrepreneur Kim Dotcom and three of his colleagues can be extradited to the US to face criminal copyright charges.
Dotcom’s lawyers said they have filed an appeal against the decision.
Judge Nevin Dawson’s ruling came nearly four years after US authorities shut down Dotcom’s file-sharing Web site Megaupload, which was once one of the Internet’s most popular sites.
Photo: Reuters
Prosecutors say it raked in at least US$175 million, mainly from people using it to illegally download songs, television shows and movies.
The US has charged the men with conspiracy to commit copyright infringement, racketeering and money laundering. If found guilty, they could face decades in jail.
However, appeals to the extradition ruling are likely to take at least another year.
“It will end up in the Supreme Court, there’s no doubt about it,” said Dotcom’s lawyer Ron Mansfield, referring to New Zealand’s highest court.
“The legal issues are so interesting and complex,” Mansfield said.
Dawson, who presided over the nine-week hearing, wrote: “The overwhelming preponderance of evidence ... establishes a prima facie case to answer for all respondents on each of the counts.”
The judge was required only to decide whether the US had a valid case and not whether he thought the men were guilty or innocent.
The US says the site cost copyright holders, which included Hollywood’s major movie studios, more than US$500 million.
Prosecutors say intercepted communications show the men talking about being “modern-day pirates” and “evil.”
Dotcom said that he could not be held responsible for others who chose to use his site for illegal purposes and that any case should have been heard in civil court.
The case could have broader implications for Internet copyright rules.
Mansfield said that if the US side prevails, Web sites from YouTube to Facebook would need to more carefully police their content.
The case also raises questions about how far US jurisdiction extends in an age when the Internet has erased many traditional borders.
Dotcom says he has never set foot in the US.
Born in Germany as Kim Schmitz, Dotcom has long enjoyed a flamboyant lifestyle.
He was arrested in New Zealand in 2012 after a dramatic police raid on his mansion.
Out on bail soon after, he released a music album, started another Internet file-sharing company called Mega, and launched a political party that unsuccessfully contested the nation’s election last year.
As well as Dotcom, who founded Megaupload and was its majority shareholder, the US is also seeking to extradite former Megaupload officers Mathias Ortmann, Bram van der Kolk and Finn Batato.
“Justice was not served today,” said Ira Rothken, another of Dotcom’s lawyers, on Twitter.
New Zealand Minister of Justice Amy Adams is required to sign off on any extraditions.
In a statement yesterday, Adams said she would wait for the conclusion of any appeals before making a final decision. Even her decision can be subjected to judicial review.
The men remained free on bail after the ruling pending their appeals.
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