MegaUpload founder can be extradited to the U.S., says NZ appeals court

07 July, 2018, 09:38 | Author: Kim Reid
  • Kim Dotcom speaks while Bram van der Kolk looks on during an Intelligence and Security Committee hearing at Bowen House

Internet mogul Kim Dotcom has lost another fight in his epic legal battle to avoid being extradited to the United States.

The charges relate to the defunct file-sharing website Megaupload.

The accused have always denied that this is the case, with many arguing that blaming piracy on Kim DotCom is a bit like blaming Louis Vuitton when someone smuggles cocaine in your designer suitcase.

The German national, who is accused of industrial-scale online piracy, had asked the court to overturn two previous rulings that he and his three co-accused be sent to the U.S. to face charges.

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Dotcom said he plans to appeal the ruling to New Zealand's Supreme Court, a process that could take another year if the court opts to hear the case.

In response to the decision, Dotcom tweeted: "A judgement in complete denial of the legislative history and intention of the Copyright Act".

"The appellants are accused of conduct that, if proved, would establish extradition offenses in New Zealand law", the court said.

Dotcom has slammed the decision, arguing that "the Court's interpretation of the relevant copyright provisions can not be right" and it creates a risky precedent that would make Internet providers criminally liable "for the misuse of their services by users, as it claimed against me".

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"We look forward to seeking review with the New Zealand Supreme Court".

Dotcom's lawyer Ira Rothken told Reuters via email that his client will appeal the decision in the country's highest judiciary body, the Supreme Court.

Last year, a judge on New Zealand's High Court upheld a 2015 ruling by the trial court that Dotcom could be extradited to the United States. If found guilty, they could face decades in prison.

The court's decision, by Justices Kós, French and Miller, was made after the U.S. relied on a range of extradition pathways. "My case will be one of those".

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"Therefore, it has the value of toilet paper".

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