Kim Dotcom Can Be Extradited, Rules A New Zealand Court (reuters.com)
Kim Dotcom -- and Megaupload's programmers Mathias Ortmann and Bram van der Kolk, as well as its advertising manager Finn Batato -- could soon be in a U.S. courtroom. A New Zealand judge just ruled they can all be extradited to the U.S. An anonymous reader quotes Reuters:
The Auckland High Court upheld the decision by a lower court in 2015 on 13 counts, including allegations of conspiracy to commit racketeering, copyright infringement, money laundering and wire fraud, although it described that decision as "flawed" in several areas. Dotcom's lawyer Ron Mansfield said in a statement the decision was "extremely disappointing" and that Dotcom would appeal to New Zealand's Court of Appeal.
U.S. authorities say Dotcom and three co-accused Megaupload executives cost film studios and record companies more than $500 million and generated more than $175 million by encouraging paying users to store and share copyrighted material. High Court judge Murray Gilbert said that there was no crime for copyright in New Zealand law that would justify extradition but that the Megaupload-founder could be sent to the United States to face allegations of fraud.
"I'm no longer getting extradited for copyright," Dotcom commented on Twitter. "We won on that. I'm now getting extradited for a law that doesn't even apply.
U.S. authorities say Dotcom and three co-accused Megaupload executives cost film studios and record companies more than $500 million and generated more than $175 million by encouraging paying users to store and share copyrighted material. High Court judge Murray Gilbert said that there was no crime for copyright in New Zealand law that would justify extradition but that the Megaupload-founder could be sent to the United States to face allegations of fraud.
"I'm no longer getting extradited for copyright," Dotcom commented on Twitter. "We won on that. I'm now getting extradited for a law that doesn't even apply.
Although I doubt the $500m figure on a competitive bid or such pricing basis, at least they are not quoting billions and trillions....
One of the most aggravating things in the US these days, is fraudulent pricing by companies with industrial strength DC political connections.
He's still got two more courts to go yet (Appeals and Supreme). Assuming he's still got enough of cash squirrelled away this circus will go on for a few more years yet.
One of the common justifications for illegal filesharing given here is that the record companies (studios, publishers) etc are ripping off the talent, and that the talent typically makes peanuts for their the work. Therefore filesharing is really an act taken against, or in indifference to, the greedy capitalists who were at best passive participants in the creative act.
Suppose the creative talent(s) - the band in the case of an audio recording, the author(s) in the case of a textbook, the director and stars of a Hollywood film - communicated in unambiguous terms that they wanted pirating of their work to stop. Would that cause you to delete the files you had and/or desist on illegally downloading new copies of that particular artists' work?
They are going after pirates and Kim, cause they loose hundreds of millions on their bad decisions to make crappy movies.
It's not a typo if you understood the meaning!
A government, particularly one that is elected by the people, exists for the purpose of managing systems to improve the entities that they are governing and to protect the constituents.
Whether or not Kim Dotcom is likely innocent or guilty, this finding will neither improve NZ and completely fails in protecting at least one of its' citizens.
Despite any extradition treaty, NZ must protect their citizens.
Australia is guilty of similar neglect with the lack of assistance to Assange. Our government does not represent Australia or Australians and all policies are either self-serving or to the benefit of another nation (US & UK). There is continuous dumbing-down of political matters to the extent that constituents no longer identify treason when it is shoved in their face.
[Rent This Space]
The hacker scene in germany, witness to his lying and cheating, is not falling for you bullshit.
That's it!
Sent as ripples into the electromagnetic field. No single photon has been harmed in the process.
Don't do business with americans
On one hand, it's not a good thing to see that the international bully gets its way again.
On the other hand, it's Kimmie getting it up the ass...
No matter what side I root for it feels just wrong.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
My justification is along the lines stated by Kopimism: https://en.wikipedia.org/wiki/...
Why?
Where did you come from? That is just stupid
A man who conspired with a foreign leader to take power despite the majority of Americans rejecting him, has bugger all reason to work to better America. So Kim Dotcom should just do a deal with him, like China just did awarding Trump his trademark after a decade of rejecting it.
It's all up for sale now. Our treasonous President is backed by Republicans who are too weak to impeach his Putin loving ass, and Americans too divided to do their duty and protect their country from takeover.
And he keeps trying to divide us, keeps trying to divide Republicans, allies, the military, everyone, while Putin is sailing his warship 30 miles off our coast without so much as a peep out of his orange puppet.
If they can prove that he defrauded people then, yeah, it's fraud to sell people products that aren't yours.
To be fair that seems a bit hard to prove, but I don't know the details of how he sold the product, which he'll presumably argue was just bandwidth.
That said, I'm confused why, if he committed fraud he isn't prosecuted in New Zealand?
So if someone gets caught running a randsom-ware scam do all countries then take turn having the person extradited, prosecuted and jailed...
Don't get me wrong, I hate randsom-ware scam authors as much as the next guy, but giving someone just 6 months prison in every country where a crime was committed easily turns into a life sentence. Honestly, that seems a little harsh.
It will only be remorseful on Dotcom's part if he is forced to share that cell with Trump
IANAL, and I don't know New Zealand law. However: this is a weird ruling.
The judgement agrees that copyright infringement is not a criminal offense in New Zealand, and that DotCom cannot be extradited on this. However, it then goes on to conclude that distributing copyrighted materials may deprive copyright holders of their property, and that this therefore is fraud (which is criminal). That latter seems like an end-run around the intent of the law, and it contradicts the first conclusion. It seems likely that DotCom will win the next level of appeal.
That said, he's a idiot. He's counting on New Zealand to defend him, and yet he keeps badmouthing the country, its laws and its government. He really is a total jerk.
Enjoy life! This is not a dress rehearsal.
Apalled at the comments here on /. KDC is a criminal and making a farce of the court system in NZ. How many years has his circus been going on? Hes no robin hood people ... just saying!
Kim & Co are the target because they actually did it - they built a tool (one of many grant you) to share copy written material. Google on the other hand has powerful tools (https://support.google.com/youtube/answer/2797370?hl=en ; although the veracity of the system is in question by some) to stop or monetize copy written material on youtube. Also note that google's system is proactive and seeks out copy written content rather than waiting for DMCA take down orders (I'm sure they get their share of those too).
What you're comparing is a video sharing apple to a video sharing orange sir.
The vexing part about this is that "the one who has the gold" does it under the loud cheering of the ones who have no gold whatsoever.
And, BTW: not only the US. Nearly everywhere. The sheep cheering for the crocodile. We truly deserve to be bitten, it seems.
its crusade for complete ownership of music, movies, entertainment, cloud, and as many Internet-related business segments as possible. A few years ago file-sharing services were abundant, but these days all we really hear of is DropBox, Google Drive and Microsoft Cloud, or whatever they're called. One by one, the services foreign to the U.S. goes away for one or another reason.
The New Zealand Herald has the full text of the judgment with its article here
Paragraph 77 onwards of the judgment are an absolutely crushing demolition of the Dotcom team's arguments that facilitating copyright infringement on an industrial scale should not be considered "conspiracy to defraud".
"Conspiracy to defraud" is extradictable to the USA; Dotcom & co are likely to be going away for a long time.
Well played
It should start with:
"The bottom line is if a big US company claims you stole from them..."
Since no theft nor loss occurred, all that there is is a claim of loss and/or theft.
I mean, the bottom line is if you're in North Korea, all you have to do is try to destabilise the government through acts of violent terrorism and you're executed by the state.
The uncomfortable problem with it, like with your posts' claims, is that there doesn't actually have to have been a crime committed in reality for you to be punished for it.
Do you likewise claim defectors from the old Soviet Russia were criminals on the run???
He's not even facing an accusation yet, not of rape (and note the putative victims also say it wasn't rape, but why would they know, they're only women, eh?). He's still only wanted for questioning. And he doesn't have to be in Sweden to do that. They've teleconferenced with murderers to ask them questions.
Judge should check film studios and record companies' revenue after shutting down Megauploads minus revenue before, adjusted for other factors. If they are not close to $500m case should be closed since it is an extortion.
The case you cite in Mexico, there are a few things you should know about Mexico. It is basically a lawless state with every official and police officer corrupt and run by the drug cartels. Anyone who was not corrupt was systematically murdered over the last 20 years. US border patrol is ROUTINELY fired at by Mexican nationals who are running drugs and people across the border from the Mexico side. This teenager and 3 male friends attempted to enter the US illegally, they fought with border patrol agents and Sergio managed to break free, resisting arrest and he was shot while fleeing. I find it very telling that the video you link to is clipped together with only a few seconds and only the audio of the gunshot? What happened before that? Oh the Mexican "authorities" didn't make any more publicly available? Gee I wonder why.
I am sorry, I don't have that much sympathy for Sergio. The same thing routinely happens at Mexico's southern border with zero world outrage. Worse things happen to Australian illegal aliens. So yes, the US will not allow a federal agent to be extradited to the incorporated drug cartel of Mexico over a shooting that occurred during the commission of a crime. US police and federal agents are allowed to shoot fleeing suspects when they feel that they are a continued threat to US citizens. This little thug was probably a drug smuggler. The border agent should be reviewed and potentially disciplined depending on the totality of the events as they are available, with zero credence give to any testimony from the suspects Mexican national family or the Mexican "authorities" who are both corrupt and criminal. If the facts warrant, maybe even charge the agent in the US with gross negligence or manslaughter, but certainly not murder, which requires ill intent and malice. The border agent did not initiate the criminal activity or resist arrest, which escalated the incident. $10 says the boy who was shot had a bunch of drugs on him that were removed by Mexican police and returned to the cartel. Or they were acting as a diversion while the cartel ran drugs somewhere nearby.
Regarding Germany, both guards were convicted of manslaughter (not murder) for shooting someone trying to escape a fascist regime, not trying to enter a country illegally and assaulting a federal officer. Those guards were acting under explicit orders from East Germany. And their sentences were suspended, meaning they served zero time. Hardly justice for murdering a truly innocent person. A few decades before that, Germany murdered a few million Jews simply for being Jewish, so they are hardly the gold standard on how to treat people, thank you very much for playing...
And where is the outrage over the several thousand illegal aliens who are being detained by the Australians under conditions so bad that they are setting themselves on fire? Stop hating on America for doing what every other country on the planet does and protecting it's border from unlawful entry. https://www.theguardian.com/au...
If you disagree, please post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like
So much hypocrisy it is unbelievable isn't it? Dotcom is not being tried for a law the government thought he broke. Instead Dotcom is being tried based in the government working to find a law he might have broke. This is called persecution.
HEY guess whee the cash went? TO PEOPLE / BUSINESSES OF NEW ZEALAND....CANT have that now can we ....SCREW NEW ZEALAND
MAKE AMERICA MORE RICH AGAIN ..and AGAIN....AND AGAIN...you NEW ZEALAND people go shut up and be frakin poor
Honestly, they didn't.
First off, file-sharers are NOT pirates. Period.
The people who "file-share" are more likely to "purchase" than most who don't.
Those that pirate and do not purchase were NEVER going to purchase.
If anything, their profits were IMPROVED because of file sharers.
The only money they've lost are the bribes they've used to purchase our congress-critters and attorney's general who've believed or were paid to believe their lies, damned lies and outright fibberism.
The only people hurting the RIAA/MPAA are themselves wasting money on bribes for a problem that DOES NOT EXIST.
They hurt themselves further by wasting money on encryption that does nothing to stop those who will copy, most often for their own use so children don't destroy the originals.
They then hurt their industries by playing accounting games that they then use as "evidence" that they do not have to pay the artists, actors, support staff involved in the production of the media they then sell for record profits.
As a New Zealander, I am ashamed of this outcome.
The NZ Government should never have allowed this in the first place, they have been bullied into this by the US Government, it's cronies the MAFIAA, the dangling carrot of the TPPA implying free trade with the USA. Our former Prime Minister had a boner for this. The NZ Police took heavy criticism on the dawn raid on his property in Auckland, they didn't have a choice and were acting on orders. The whole thing is a clusterfuck from day one.
You would think we were a sovereign nation with some balls, apparently not. Instead we have turned into the South Pacific Puppet for the USA. While Kim Dotcom (KDC) has a shady past, I will agree he's no saint; I would give him the benefit of the doubt and assume he moved on.
My understanding is that he/Megaupload was active, open and fair with the terms of service and takedown policies. He gave the recording studios/distributors free logins to check for "stored infringing content" and when they sent a takedown, he responding in the correct manner on every single one of them by taking the content down.
He extended the same offer to the movie industry and they refused saying he had to police it himself. With 25 petabytes of content on there that was not going to happen.
So all of a sudden he's up in racketeering, money laundering, and whatever ever-else trumped ("Trumped"?) -up shakedown charges they can make up, "...he hosted the content, therefore it's his fault.". Fuck that shit, the only reason they don't go after Google et. al. is because they have deeper pockets and more lawyers.
I compare the premise of the charges KDC is facing, to someone suing a gun maker because one of the gun-makers firearms was used in the murder of a loved one.
As for the "cost film studios and record companies more than $500 million". Prove it - I compare this inflated figure to the Business Software Association regularly saying "piracy cost the software industry $10 billion a year" - which, back then, equated to like three copies of Adobe Creative Suite... ;)
Lastly, I feel for Carpathia hosting, having a shit-ton of their kit seized, never to be seen again. 25PB of data is about 30 racks FULL of 1TB 3.5" hard disks.. we are going back 6+ (?) years here. It was illegally seized on "suspicion" then mined for "evidence". INAL, but even my limited knowledge of USA law tells me that was not within the law.
I hope KDC further fights the extradition - the Appeals Court, a loss means and then it will go to the Supreme Court of NZ. Yes, we have one of those! :)
Why does everyone in these types of discussions always knock the Riaa and their friends but never mention the actors and musicians that are with them ?
They are part of the medusa without them the riaa has nothing to Defend!
Follow the money, follow the power, follow the influence.
Do you guys think for a mother fucking SECOND if this was some tinpot little country, smaller than New Zealand, this would happen?
Do you think, if NZ pushed for this, from an American, this would happen?
This is retarded.
seriously, you choose to hide in a fucking country, when the ones that are gonna go get your ass are the yankees because hollywood is in burgerland and you are storing movies above all, and you choose one of the burgerland satellites?
how much of a fucking retard do you have to be to not notice that england, canada, australia, new zealand, are ESSENTIALLY
THE
SAME
FUCKING
COUNTRY
yup, i said it, i went there
seriously... i mean, had you been a regular retard and chosen, i dont know, sweden or germoney, i could understand that, your ass would still be sent to burgerland maybe even faster since those are colonies, but is a mistake i can understand and in that case you would just simply be a regular run of the mill retard with still an even number of choromosomes, bu this? this is something else entirely dude
who wanted to "copyright" Prince's name? (Remember "Slave")