John Key’s Dotcom brainfade

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The New Zealand government continues to crawl to the demands of US corporates with our crown lawyers seeking to have Kim Dotcom’s bail revoked in a hearing at the Auckland District Court last Friday. (The hearing will continue this week)

It’s deeply embarrassing to have Meredith Connell lawyer Christine Gordon (acting for the New Zealand government) telling the hearing the United States wants the court to either send Dotcom back to prison or put an electronic bail system in place for him. So what? Why such servility to US requests?

The case against Dotcom has always been about how far the New Zealand government would bend over backwards to assist US corporates in a case of alleged copyright infringement.

And bend over double they did. The entire New Zealand state apparatus was put at the disposal of the US movie industry in the surreal attack on Dotcom’s mansion in January 2012.

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Our own Hollywood imitator Peter Jackson could not have set a more dramatic scene with our spy agency the GCSB conducting covert illegal surveillance, dozens of police with camouflage gear, night vision goggles and automatic weapons, helicopters, searchlights and sirens.

A scene from a dramatized attack on the headquarters of a Columbian drug cartel perhaps? No. Just the arrest of a New Zealand permanent resident wanted by US corporates to face civil charges.

Like the Urewera raids where police and spy agencies spent up large from over-inflated “anti-terror” budgets to dramatise a terrorist threat there was more state stupidity and outright bungling in the Dotcom case than any concern for New Zealand.

It’s a situation where Hollywood is determined to make an example of Dotcom and deter others from running sites where possible copyright infringement could take place.

Unlike other cloud storage and sharing sites like Google and Dropbox, Dotcom’s Mega Upload cloud storage system was outside the control of the US corporate-approved sandpit where profits are circulated. So they went after Dotcom using Prime Minister John Key as their main man at the New Zealand end – someone ever keen to change our laws and throw tens of millions in taxpayer dollars into their back pockets.

In light of Key’s failures last week to recollect online conversations within 24 hours of them taking place it’s worth a look back at Key’s repeated denials he knew anything about Dotcom or the raid on his mansion beforehand.

Remember the “Moment of Truth” email from Warner Brothers CEO Kevin Tsujihara which blew Key’s denials out of the water?

When confronted with this email before the election Key’s response was not to say the email was a fraud but to say he had “no recollection of the conversation”.

This was clearly to be his long-planned line of defence to whatever the “moment of truth” might reveal – just as it is now his well-practised response to anything which might cause him embarrassment.

It was left to his friends at Warner Brothers to bail him out with the claim the email was a fake – duly taken up as gospel by the New Zealand Herald and the media generally and used to create the tsunami of negative publicity which engulfed the final days of the election campaign.

Whatever one thinks of Dotcom he is the victim of New Zealand’s state apparatus being misused for US corporate interests. The High Court questioned this intensively when the case for extradition was first brought to court. Let’s hope the District Court does the same.

31 COMMENTS

  1. The allegations against Kim Dotcom depend primarily on US fair use doctrine, which is not part of NZ law. The US doctrine results in ordinary forms of fair use being deemed to be wrongful, effectively a false accusation against the innocent.

    This slander is aggravated by the false claims of the RIAA like “copything is theft”. Copying isn’t theft because theft always involves a loss of the thing that was stolen by the rightful owner.

    • Hi,

      Piracy is not fair use – it is theft. This may not matter to you but to me as an author, I get pissed when I find another site advertising and giving my books away without my permission.

      Don’t I have the right as the author to get paid for my work? Or should we just throw away the entire music, books, movie and inventing realms and expect artists and the rest simply work for free? And for your information most novelists, actors and musos already get paid crap. It’s only a few lucky ones who earn the megabucks. These bastards are stealing food from the mouths of those who can ill afford it.

      The case against KDC is that he ran a site which allowed piracy. He is no friend of mine.

      Cheers, Greg.

      • he ran a storage site, think of it like a container storage company, there are legal requirements on what can be stored, thee containers are private so you have to assume the people storing stuff are storing legal stuff. when requested as per law megaupload removed copyright material like all online storage companies do, google drive etc does the same thing, vo one could search a megaupload database to find anything, the links were put up by users.
        he became a threat to the music and film industry when he started http://baboom.com which potentially cuts out the middle man and the royalties go to the artist, thats when he was set up by Hollywood big shots in collusion with jk

      • Yeah, here’s the charges from the wiki:

        3.Persons indicted have “instructed individual users how to locate links to infringing content on the Mega Sites … [and] … have also shared with each other comments from Mega Site users demonstrating that they have used or are attempting to use the Mega Sites to get infringing copies of copyrighted content.” (item 13)
        4.Persons indicted, unlike the public, are not reliant upon links to stored files, but can search the internal database directly. It is claimed they have “searched the internal database for their associates and themselves so that they may directly access copyright-infringing content”. (item 14)
        5.A comprehensive takedown method is in use to identify child pornography, but not deployed to remove infringing content. (item 24)
        6.Infringing users did not have their accounts terminated, and the defendants “made no significant effort to identify users who were using the Mega Sites or services to infringe copyrights, to prevent the uploading of infringing copies of copyrighted materials, or to identify infringing copies of copyrighted works” (item 55–56)
        7.An incentivising program was adopted encouraging the upload of “popular” files in return for payments to successful uploaders. (item 69e et al.)
        8.Defendants explicitly discussed evasion and infringement issues, including an attempt to copy and upload the entire content of YouTube. (items 69i-l. YouTube: items 69 i,j,l,s)

        Cheers, Greg.

        • I am not a lawyer, but as I understand it, copyright infringement is not grounds for extradition under the applicable laws / treaties.

          Those accusations – whether they can be proven or not – are irrelevant if extradition does not apply to copyright infringement.

          (Again, as I understand it) The extradition case hinges on whether there was criminal conspiracy and racketeering involved, charges for which there are legal means of extradition. The copyright charges are what the US want him for, and they’re using other charges to try to get an extradition to occur.

          The question for New Zealand, therefore, has nothing to do with copyright charges and everything to do with whether Kim Dotcom has a case to answer on the more serious charges of racketeering.

      • Should the conventions and safeguards of Kiwi justice only apply to your friends? When I see blatant injustice, I don’t even think of whether I like the person or not.

  2. Perhaps it should be John Key who should be put on an electronic monitoring system, not Kim Dotcom.

    After all Key has been proven to be more of a threat to NZ, than Dotcom will ever be!

    The Dotcom issue is clear evidence of what Key can do to anyone he dislikes or considers likely to threaten his position!

    • thats where his increased security laws come in, if he could brand Hagar as a terrerist for say him googling something for a book, the law as we know it doesnt apply, he would be under terror laws, gagged, held without reason, passport withheld

  3. Is there, or will there be, any more news on the “Momemt of Truth” email that I believe KDC’s lawyers passed on to the a parliamentary complaints panel?

    “The case against Dotcom has always been about how far the New Zealand government would bend over backwards to assist US corporates in a case of alleged copyright infringement.”
    My dirty little mind imagined them bending over in the opposite direction.

  4. ” Whatever one thinks of Dotcom he is the victim of New Zealand’s state apparatus being misused for US corporate interests. ” Hear Hear John!

    • There’s an assumption in your question that Kim Dotcom will get a fair hearing in the US – perhaps you should try to prove that assumption first because so far the whole exercise has looked more like a gang (the US entertainment industry) defending it’s territory.

      To be clear, it would be incredibly stupid for Dotcom to go the US and whatever you might think of him, there’s no doubt that he is not THAT stupid.

    • His innocence isn’t dependent on him being willing to stand trial. He fears that he will not get a fair trial in the US due to the creative industries of Hollywood (both music and video) wanting to use him as an example and prosecute him for crimes that he hasn’t committed or punish him disproportionately for any legal breach he is found to have made.

    • It’s quite simply really, NEHEMIAH’S WALL, I suspect he feels he wouldn’t receive a fair trail and may be even be stonewalled.

  5. Are you seriously going to try and use the e-mail supposedly from the Warner Bros executive as evidence John Key knew about the raid and was doing the bidding of his Hollywood masters?

    Serious question here – Why do you think that didn’t fly during the election campaign? Might it be related to the fact the e-mail in question looks seriously suspect?

    • Gosman, your hero John XkeySCORE set up the conditions where there was an ILLEGAL warrant, an ILLEGAL arrest, an ILLEGAL imprisonment, an ILLEGAL impounding and asset freeze, an ILLEGAL surveillance …

      The modus operandi the police used was ludicrous – 80-plus officers in combat fatigues, absieling down from helicopters , automatic rifles, ….for what?….to arrest two adult men, one pregnant woman and 2-3 small children….MYGOD ! …Monty Python’s Flying Circus couldn’t have done it better!!

      Not only that, clandestine meetings with NSA security chiefs arriving here furtively in the early hours of the morning, an obvious pre -selection for the position of head of the GSCB (Ian Fletcher) – then claims ridiculously he ‘COULDN’T RECALL’ contacting him, – the same lame arse excuse he uses in every lie hes been caught out in.

      And the surveillance?…it had to be forced out of him to admit the spy agencies have been snooping on the people of NZ’s electronic communications. It had to be forced out of him about XkeySCORE.

      AND that it was ILLEGAL!!!!!!

      This even when the SIS loudly stated that John XkeySCORE had created a dangerous condition whereby NZ’s security had been compromised by dragging out SIS information in his own defense. As it stands – the defense he put up was not only irrelevant , – but failed in its goal to vindicate him – but in fact – proved his guilt and complicity.

      So what does John XkeySCORE do?…. changes the law after the ILLEGAL acts have been done to cover his sorry and pathetic rear end – and let me remind you , Gosman, – when the police pursue a cold case…it matters not whether that case is 20 years or 50 years ,- if the law was broken they are still duty bound to pursue that case.

      The fact of the matter is that Kim Dotcom stood in the way of John Xkey SCORES plans to sign the TTPA , a military alliance with the USA (of which we are now involved in an unofficially declared war in the middle east) and greater use of the five eye spy network in passing so called ‘anti terror’ laws that are designed to control not aggressors- but our own population.

      And let us not forget the Motion Picture Industry makes the blueprint for copyright law, passes this on to the equivalent of the Business Chamber of Commerce, which goes to Congress to be ratified and drawn up as the framework and made into law for the TTPA.

      In light of the recent findings of the Inspector General regarding her report on John XkeySCORE , – there is NOTHING in this man that can be trusted. He is quite comfortable to have one of his own countrymen die in a drone strike and to frame ILLEGALLY a resident of this country if it furthers the agenda of his corporate partners and keeps in accordance with the five eye spy network.

      Gosman, …you are a fool.

  6. I would very much like to hear any further information on the email that was submitted to Parliament prior to the election and what might come from that. It’s all very well for it to have been denied by Warners, but is there any evidence of their claim? Have the emails of those involved by independently audited to confirm that it wasn’t sent or received by the parties involved? Has a forensic examination of the email that Kim Dotcom submitted been undertaken?

    If it’s a fake, it’s a fake, that doesn’t help Mr Dotcom’s case at all. Equally though, it doesn’t diminish the illegality of the use of New Zealand intelligence agencies in spying on him at the time when he was a permanent resident. It also doesn’t necessarily undermine his case that Hollywood studios and the music industry are utilising the National-led New Zealand government as their extended law enforcers for purposes beyond holding KDC accountable.

    After all, they are the same people who John Key changed New Zealand labour laws for so that Warner Brothers could continue to pay New Zealand actors and creative less than their legal statutory obligations on Peter Jackson’s the Lord of the Rings movies.

    • 100% Freemannz, this smells bad.

      “After all, they are the same people who John Key changed New Zealand labour laws for so that Warner Brothers could continue to pay New Zealand actors and creative less than their legal statutory obligations on Peter Jackson’s the Lord of the Rings movies.”

      Gooseman who is obviously a clone of US is so wrong here, as Key is a known liar from last week with his latest lie that no one could support except his ilk.

      Key has been caught lying again last week.

      Key was caught before the country, like a possum in the headlights, as he squirmed and lied several times last week. until he finally cleaned the slate’r today, when he said on morning news on Monday that he did “very recently” discuss with Slater and will continue to answer his messages.

      No one can defend the indefensible.

  7. No matter what You think of Dotcom. the NZ government let Him in here and gave Him permanent residence knowing His History. Then they illegally helped the USA raid His home and illegally take possesion of His computers and other possesions, after illegally spying on Him. What worries me is a PM ” who doesnt recall” so many things. Most people with a job who couldnt remember most of the conversations they hold will be asessed for dementia and dismissed from any job with responsibilties. But this guy runs our country for His own needs . Bet He doesnt forget who he sold our assets to.!!!!!!!

  8. I would just like to point out that every time I try to play a CD in my computer it automatically , without prompting from me( or even wanting it to happen but I haven’t found the off button yet), downloads it into iTunes and by default will upload these to iCloud. This almost makes me a pirate by default – all I have to do is share that music . Shouldn’t Apple be stopped allowing this kind of thing to happen? Its almost compulsory theft by unwilling complicity.

    So much materiel is also available on major sites like Youtube and they respond to takedown notices. Megaupload, according to Dotcom, had a staff of 39 who’s job it was to do exactly the same and fits easy enough to prove then why single him out?
    I certainly agree creators should be paid for their work but I don’t think The corporates have any individual creator’s interest when they start having a go at Dotcom , maybe he was starting to make more than just a little dent in some of their profits.

  9. The whole case against KDC is bogus. This lawsuit of ‘copyright infringement’ has already been played (and won) out in the US courts when Viacom the 5th largest broadcasting and cable company in terms of revenue sued Google over You tube. Google/You tube won because a file sharing site does not constitute copyright infringement. Here is the ruling.

    http://en.wikipedia.org/wiki/Viacom_International_Inc._v._YouTube,_Inc.

    The fear of KDC is not to do with file sharing at all but because MegaUpload was planning to create a direct peer to peer site for artists so they could directly sell their work and mega got a percentage of the downloads. That would have eroded the hold the Music/Film Media industry has on artists if they could sell their work directly and easily on a file sharing site.

    Instead they Warners and co have got this put on hold as they orchestrate litigation to KDC for years over various claims so he is unable to continue this project. (which would have been fantastic for artists). So the threat of KDC its that he has the ability to decouple artists from MSM. However this will eventually happen anyway but I guess the MSM want to have time to develop this concept themselves.

    Like tobacco Media can only ‘dominate’ so long and then it all catches up with them. Like Tobacco they have many lobby groups and players in their pocket and were heavy on the litigation to keep those profits flowing as long as they could.

    Funny enough it was Hollywood agents that denied those emails in MOT. But how does that make it invalid?

    Anyway I say again I would love to see Taika Waititi make the movie! The little guy against Big business. And there is even the downfall of Hone Harawira and the far North as part of the story. And maybe the downfall of John Key when he reached to far with Cameron Slater which is still playing out. Will John Key, GCSB and Warners put KDC in prison – now he accused of playing too many video games amongst the other bogus allegations?

    Yep they want him in prison in case he makes that peer to peer artist site that they probably can’t get working – cos the great thing with IT is that no matter how much money you have, it all comes down to how good the person creating the IT is – and IT guru’s don’t like working for fascists.

  10. Stonking intellectual rigour here…on this posted comments. John Minto writes a great article and rightly highlights the shame of Meredith Connoll in all of this as our own Crown Prosecutors working the clogged courts on behalf of Hollywood.

    John Key is feasting for free at our abundant New Zealand table and handing the succulent pieces overseas to his hedge fund mates. Meanwhile we are meant to admire him while he doesnt even notice the people at the end of the table havent been served, have been working all day and are not likely to be feed any time soon. We are tired of this kind of politician. When you think the filty water mark cant get any higher…

    John Keys ‘version’ of events are always thought provoking.

    We need to stop this Tppa cow skitter thats getting spread like treakle in the pacific. It will be like a malaise that will slowly…strangle us.
    Its nasty stuff indeed.

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