2 reasons why you as a New Zealander should care about the Kim Dotcom case

By
Martyn Bradbury
-
39
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There are 2 reasons why you as a NZer should care about the Kim Dotcom case.

The first is the unbelievable injustice of the entire fiasco. Kim was illegally spied upon by the GCSB, he was set up by NZ immigration services so that he would enter the country in the first place, our security apparatus slavishly followed US agencies with a live feed to the NSA during the raid, the entire event was politically motivated after Corporate Hollywood threatened to with-hold donations to Obama’s 2014 Presidential bid if they didn’t make a symbolic gesture against internet piracy, and the case against him is so weak it looks like incredible over reach by our authorities and US authorities…

Harvard professor says Dotcom allegations lack merit
Dotcom’s extradition hearing is due to start next week and the latest legal twist in the case has been filed in court this week.

In submissions put forward by Dotcom’s US lawyer Ira Rothken yesterday, Harvard Law Professor Lawrence Lessig said the United States allegations lacked merit.

Mr Rothken told Morning Report today that the legal team was very pleased to have someone of Professor Lessig’s status say that Dotcom committed no crime.

“We think that it’s not only beneficial for Kim Dotcom, but for internet users across the globe, who make use of technologies like cloud storage on a daily basis.”

The United States has been trying to extradite Mr Dotcom since January 2012, when he was arrested on copyright and money-laundering charges relating to the now-defunct Megaupload website.

Later that year Mr Dotcom was found to be the subject of illegal spying by the GCSB, after which an independent review of the bureau was ordered.

Mr Rothken said the case against Dotcom should have been thrown out before it was even filed.
“We think the United States should take a look at this and seriously re-evaluate their case.”
Dotcom will appear before the court on Monday.

…this case has been an abomination of legal process, jurisdiction and injustice. You might not like Kim Dotcom, but the manner in which his rights have been breached and 70 odd armed paramilitary cops broke into his home and terrorised him and his family is as unacceptable as the abuses of power  used in court against him.

This is not what our justice system should be used for, we are not a puppet for US interests, we should be a sovereign state with our own laws and judicial system that is beyond influence by America and their corporate overlords.

But the injustice of this case may not move you. You may have bought into the media hype of Dotcom as a Bond Villain and enjoyed his failure at the ballot box. You may have decided that despite Assange, Snowden and Greenwald proving at the Moment of Truth that John Key lied to us about mass surveillance, that Kim fell short of what he promised and he got his just desserts.

Okay. Fine. Then here’s the second reason you should care about the Kim Dotcom case.

$2 Billion dollars…

TDB Recommends NewzEngine.com

New twist in Kim Dotcom case
The managers of the nation’s finances were kept at arm’s length when the Kim Dotcom case required Kiwi taxpayers to underwrite a potential future legal suit from the internet entrepreneur, a new document shows.

Instead, then-police commissioner Peter Marshall signed the “undertaking in respect to costs and damages” – the agreement which would allow Dotcom to sue New Zealand if it emerged the FBI case against him was unfair and unfounded.

It was the first time that the Crown was required to give an “undertaking” in a case where the property of someone facing charges was seized and was because the charges were brought by a foreign agency.

The need to provide an “undertaking of liability” emerged after police seized the tycoon’s cash and property without notice. The law required Dotcom have the chance to challenge the seizure and be given formal notice of his right to sue the Crown.

The need to provide an undertaking in March and April 2012 surprised the Crown and the Herald sought details of the debate and consideration over the risk to which NZ was exposed through the Official Information Act in July 2012. Treasury refused to supply the information sought so the Ombudsman was called on to investigate.

After three years of deliberation, Chief Ombudsman Dame Beverley Wakeham found there was a “public interest” which would be met by releasing a summary, which Treasury sent to the Herald this month.

The summary showed there were meetings “to discuss the case and how to inform ministers” were held Crown Law, police, the Ministry of Foreign Affairs, Ministry of Justice and Treasury.

On March 22 2012 Finance minister Bill English was told he “did not have a role in approving or signing off this kind of undertaking”. Instead, it was the Commissioner of Police’s role under the Criminal Proceeds (Recovery) Act.

While Mr English was kept briefed – including a briefing from Mr Marshall and Attorney General Chris Finlayson – there was no process established through which he was able to be formally involved in the undertaking.

Under the Public Finance Act, Mr English is responsible for matters which might impact on Crown accounts. Dotcom has claimed the loss of Megaupload cost him more than $2 billion although others have argued the impact is far less.

The summary provided to the Herald said there had been a review of the mutual legal assistance framework of which Treasury was a part. It “intended to use the forum to recommend the establishment of a consultation process and set out criteria for issuing undertakings”.

The requirement to give an undertaking to the court to meet any damages was a factor which put Sony off joining a civil case seeking to claim Dotcom’s assets, emailed hacked and released last year revealed. Sony’s top copyright lawyer, Aimee Wolfson, said it was “not at all unimaginable” Dotcom would avoid extradition or even successfully defend himself in the United States.

The studio is not a participant in a case in NZ courts with discussion in the emails showing potential exposure to a legal suit from Dotcom concerning executives.

The risk to which New Zealand is exposed was underscored by a legal opinion released today from Harvard University’s professor of law Lawrence Lessig, one of the world’s leading experts on copyright law. He said the FBI charges would not stand up in US courts and there was no basis in law for Dotcom to be extradited.

…let’s re-read that again. Sony decided not to sign up to the case against Dotcom because they believed there was a chance he would get off these trumped up charges and in turn sue everyone involved in taking him down to the tune of $2billion???

And we had to sign up to this?

So how much exactly are we on the hook for here? If you don’t care that he has been unjustly dealt with and his rights breached, you may be in for one hell of a shock if he wins and we are left paying for this politically motivated prosecution.

I think NZers would start caring then.

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39 COMMENTS

  1. It is politically motivated – like too many other things this Nat govt does, with us, the tax payers, footing the bill! But hey, the rugby world cups on and nobody will give a damn, ‘A’ John.

  3. You have often asked in your various blogs on TDB, what does it take to wake up the asleep muddle nu zullin.

    I have been repeatedly astounded and outraged over the lack of response to some of the issues they have let pass.

    Maybe this time someone might at least notice the political buggery that has been going on by the Tories.

    $2 billion is a fuck of a bill to pay for the privilege of watching our fuckwit collaborationist state agencies break our own laws!

    It’s prolly more than we can afford even if the Auckland housing bubble doesn’t burst…

  4. I smiled when I read that article in the herald today.

    Particularly the words of Professor Lessig.

    The disgusting orchestrated campaign against Kim Dotcom … this whole monstrous edifice of political back – favoring and skulduggery …which was willing to not only sacrifice a mans freedom….but OUR DEMOCRACY and SOVEREIGNTY …

    Headed by the most corrupt and two faced so – called ‘PM’ s this country has ever had the misfortune to have to endure…Mr John XKEYSCORE himself.

    We haven’t forgotten THAT , now have we?

    How about the schoolboy name calling of Glenn Greenwald as ‘ Dotcoms little henchman ‘?

    Glen Greenwald – the man who exposed the NSA for illegally spying on its own citizens in the USA . The same man who demonstrated Key was lying about the 5 eye spy networks ILLEGAL spying on NZ citizens including Kim Dotcom?

    How about John Campbells documentary clearly showing Dotcom was set up up during a clandestine meeting between NZ high ranking officials and none other than the NSA ‘s chief in a meeting conducted in the small hours to avoid the public gaze?

    How about the entrapment of Dotcom in this country by a certain Minister of Immigration overriding the SIS’s opinion to deny entry to Dotcom?

    And surprise surprise…amendment after amendment to the GSCB and SIS by the John Key govt after they found they were in bad legal form over the whole illegality’s of operations…

    ALL THIS ….to curry favor with USA corporations ….the very same corporations that are directly involved with drafting up the terms of the TTPA . And in particular – the Hollywood movie industry.

    Was it not that Dotcom was denied even the use of a phone to contact his lawyers on that fateful day?

    And this cowardly ‘SONY ‘ ….slinking off into the shadows as they realize they ….THEY …could be sued if it all goes pear shaped…how despicable.

    I hope Dotcom wins . And stays.

    And it would be poetic justice if he were to sue . After the shoddy , deceitful and vile way he was treated , it would be totally understandable. And if he were to stay… would forever be a testament to the deceitfulness and weakness of John Key.

    John Key – the right hand man of Andrew Kreiger – the man who pulled off the greatest Forex heist in history against John Keys own country – with John Key having no qualms whatsoever about ruining NZ’s economy . This is the sort of weak and two faced individual John Key is.

  5. “But Professor Lessig said “no individual Megaupload defendant is shown to have so ‘willfully’ or criminally copied or distributed a copyrighted work”.

    He said there was no legal basis for Megaupload staff being held criminally responsible for a third-party copyright violation. “A crime of conspiracy requires an agreement with criminal infringers. No such agreement is shown.”

    Totally factually wrong and verging on either extreme negligence or intentional lie.

    http://platformed.info/vimeo-megaupload-youtube-online-video-platforms/

    “MegaUpload, a YouTube competitor, was faced with the late-mover problem. Most content producers were already active on YouTube and there was no incentive for them to participate in a new platform with a smaller market of viewers. MegaUpload couldn’t succeed with the same ‘get-producers-on-board’ strategy. Consequently, it focused exclusively on consumers (viewers) by seeding the platform with content internally and specifically seeding content which was increasingly being policed on YouTube (Copyrighted, pirated videos and porn). MegaUpload got significant traction trying to solve an ‘under-served’ need but in the process, ended up exposing itself to lawsuits and the like.”

    Note the words “it focused exclusively on consumers (viewers) by seeding the platform with content internally”. You can’t get any more clearer than that. Also the FBI’s case against Megaupload etc, actually has examples of Megaupload staff uploading movies.

    Based on the above I believe that either the professor hasn’t looked into the case at any depth at all or is being bribed by Dotcom to lie. Same goes for David Fisher.

    • Harvard Law School professor and US legal expert says this, anonymous internet commenter ‘kevin’ quoting a blog post says something different.

      Oh noes! Oh woes!

      Oh who should I believe?.

    • “Bribed by Dotcom”??? That’s defamatory, Kevin. I hope you realise that using a pseudonym on the net is no protection against a defamation case?

      If you think your case is so strong, put your name to it. All I’m seeing is an anonymous troll.

  6. As New Zealander I am proud that the electorate had the sense not to be manipulated by a foreign fraudster who used his money to set up a faux political party in order to avoid justice.

      • You see the issue is that Dot Com is “NOT” a fraudster until he is proven of it. So your comments are worthless and just straight out bile.The other issue is that Sony, yes Sony that mega company has pulled out because they can possibly see the outcome.
        So a professor from Harvard and the Sony company both believe there is an issue here. As a proud N.Zer I feel disgusted in this disgraceful government, one which will go down in history as the most deceitful, arrogant and anti democratic ever. Of those, one stands out, arrogant, arrogant, arrogant!

    • To paraphase Voltaire: “Andrewo, I think you are a sad bastard, but I will defend to the death your right to be a sad bastard”
      On second thoughts I will take a leaf from Shonkey’s book,” Nah! I won’t”

    • There was nothing faux about what Internet Mana became. We had the strongest progressive policy platform at the last election, and were led by some of NZ’s top social justice campaigners. Say what you like about Kim but dissing the party we put our hearts and souls (and brains) into is weak and I find it personally offensive. There is absolutely No Way that Hone and Laila would use their positions to help Kim more than they would help any citizen or resident facing injustice.

      • I concur, Sam.

        From what I’ve seen and heard of Hone Harawira, he is no-body’s “kept man” (unlike ACT’s David Seymour, who owes his Parliamentary tenure to John Key).

        If anyone thinks Harawira is in Dotcom’s pocket, they are mischief-making.

        It’s simply not true.

    • Better than Key and his corporation backers trying to take over NZ , dot com is an angel compared to Key.
      We are not proud of you andrewo and there more of us than little old blue you.

  8. This case against Dotcom is a sign of things to come if the TPPA is signed and New Zealanders come under the jurisdiction of American corporates…

  9. The horrible Keyster from the Bilderberger “club” is just carrying out his orders to dismantle and disable NZ.

    So the Country can be bankrupted and become a very cheap buy so the Bilderbergers’ can take it over cheaply then you see.

    Keyster is a liar, traitor, and a corrupt carpetbagger.

    The two billion will be nothing compared to the cost we face now going forward three generations to pay down.

    • And what puzzles me is this:

      Before the Natzies took over, NZ had very little debt under the preceding Labour government. Then Key got elected began ‘borrowing like there’s no tomorrow’ almost from the day he took office. This at a time when NZ was pretty much unaffected by the Global Financial Crisis.

      So what exactly was it that changed in the period that began with Key’s first term in office. That is, what was the economic justification for the sudden ramping up of the need to borrow and to send the country into debt? Oh yes, I remember – there were tax cuts for the wealthy.

      So I’m wondering if the tax cuts were designed pretty much to provide an excuse for running the country into debt (as well as to curry favour with the rich of course).

      Along side the tax cuts, there has been an on-going government drive to reduce government expenditure, especially with respect to welfare. So again I have difficulty in understanding just exactly what all that money we are borrowing is actually funding. New infrastructure? No. Improved health services? No. So what then? It can’t all be needed to fund the tax cuts.

      How come Labour didn’t need to borrow while National, with nothing much to show for the money borrowed is STILL borrowing like there’s no tomorrow?

      Maybe they just want to set us up to become bankrupt as a country, thus leading inevitably to privatisation and/or corporate takeover of all our public assets (the public hospitals, the Superannuation fund, and all the rest of the “family silver”). We will be told that this is the only way we can get ourselves out of the massive debt that has accrued.

      I am increasingly inclined to believe that the country is being intentionally and quite deliberately shafted by Key and his cronies.

  10. With the Corbyn win in England and the powerful surging ahead of Bernie Sanders in the US – it appears that “we the people” are waking up and not buying the BS that corrupt politicians and the MSM are dishing out.

    John Key and his lame govt. are shaking in their boots about now as they know that it is just a matter of time before the populace here in NZ will get rid of the riff raff criminal elite gangster politicians and get a leader and a govt. worth our vote. THE SOONER THE BETTER ! ! ! ! ! ! !

      • I agree Elle and I believe that more and more people are waking up sooner and sooner and these crony bigots and elite gangsters days are numbered and they know it. The people are powerful and they are standing up for their rights and taking action. Its time we put out to pasture the politicians that are bought and controlled by those 1 % ers and then we go after them as well. They need to be exposed or are they already hiding deep in some underground bunker somewhere shaking and afraid of the worldwide populace victims they have hurt so deeply.

  11. Key and his cronies will bankrupt NZ and the vultures can pick up the pieces. Debt is used as an instrument to gain control of other peoples assets. Key and English have been reckless with their borrowing from the US Bankers, who will come in and pick up the pieces.

  12. i support kim.com wholeheartedly, i hope he wins his case and sues the government for the whole amount he lost, i propose we make Key and friends pay the fukin bill. lets use those asset seizure laws to strip him and his criminal conspirators of every asset, lets hold those responsible for this travesty in prison untill they pay up. Its good enough treatment for the poor

  14. I’ve seen Jonkey lovin’ Dotcom hatin’ ass clowns swapping memory sticks full of the latest Hollywood blockbusters without batting their hypocritical neocon eyelids. Why are Tube and Torrent sights still accessible in NZ & not MegaUpload??
    That cartoon says more about NZ than NZ wants to admit.
    Even if Dotcom wins & NZ is on the hook for millions, Jonkey’s supporters will cry victimization & media bias blah sob waffle.
    I wonder what other tricks Jonkey has up his sleave concerning Dotcom?
    Anyone seen rendition??

  15. @ jack – and the MSM has helped key along the way. I wonder if THEY care that they are assisting in the destruction of their own country? Sure wouldn’t make me feel proud.

    • a book and PhD theses need to be written on New Zealand’s treacherous msm…journalists writings must be dissected and evaluated…this includes twitter and blogs

  16. I’ve just been to Wellington on a fools errand and I saw fancy suits flitting by like ephemeral butterflies as beggars pleaded at their feet ‘ for a few coins’ one poor old Maori bugger asked . I floated, like a thistledown over their heads and below their pride as I excited at their misery as one might at seeing a man hanged. At once horrified AND entertained .
    I believe that once we Kiwis do truly know misery , do truly understand the merciless tyranny of hunger and real depravation … only then, will we rise and fight, Blood on blood. Fist for fist . Life for life . Shit like that. Blah de Blah , etc etc .

  17. Since 1984 this country has been sold down the road, while the vultures have been feeding off the State Assets.

    We are basically consuming ourselves selling off the family silver and borrowing big time from the US Bankers, one day they are going to come looking for repayment of that debt, however John Key and Bill English will no longer be here to repay it. So who picks up the tab, you and I the NZ taxpayers.

  18. The whole fiasco is a disgrace. And, if Dotcom is ultimately shipped off to face a hand-picked “hanging judge” in an American Federal kangaroo court ‘show trial’, then we will KNOW that our our judicial system has been corrupted.

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