So how easy would it be for Kim Dotcom to successfully sue the NZ Government for $6.8billion? Horrifically easy!

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Internet tycoon Kim Dotcom sues New Zealand for $6.8bn
An internet entrepreneur accused of masterminding one of the largest copyright infringements in history is suing the New Zealand government for $6.8bn in damages — equivalent to 3.5 per cent of the Pacific nation’s GDP — over the destruction of his business. Kim Dotcom, who is fighting extradition to the US, alleges Wellington unlawfully issued an arrest warrant in 2012 that resulted in him being on bail for six years. This act damaged his reputation, restricted him from leaving New Zealand and left him under the threat of extradition, according to court documents.  Mr Dotcom, a 44-year old German-Finnish national, is seeking damages for lost profits from Megaupload, the file-sharing site that the US Federal Bureau of Investigation ordered shut down in 2012. He alleges the business, in which he owned a 68 per cent stake, would now be worth $10bn. “I cannot be expected to accept all the losses to myself and my family as a result of the action of the New Zealand government,” Mr Dotcom told the BBC. 

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 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.

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If you fall into that category then the possibility of being sued if this goes south may concern you…

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 $6.8billion???

Remember what David Fisher revealed late last year that John Key knew mass surveillance was being planned but lied about it to avoid getting caught in the Moment of Truth that our mainstream media claimed was a massive flop?

National signed us up to this so they could suck up to America who wanted to stamp their jurisdiction over cyberspace and to ensure Corporate Hollywood continued to donate to Obama’s re-election campaign.

This entire spiteful episode has been a blunder and needlessly cruel – that the case could fall to pieces and Kim could successfully sue NZ seems the only righteous outcome.

Let’s see how many sleepy hobbits are laughing if Kim Dotcom wins at the Supreme Court.

12 COMMENTS

  1. Hope Dotcom doesn’t have Chinese backers.
    He’ll probably take North Island and the Chinese the South.
    Seems fair split.

  2. He should sue John Key personally and the National Party…not the present New Zealand government

    How much did John Key know?

    How much was the whole fiasco John Key’s responsibility?

    Maybe this is why John Key resigned suddenly?….He a saw this coming…and is he still living in New Zealand? He was/is good friends of Hollywood moguls who instigated the USA govt action against Dotcom

  3. For f**ks sake
    As much as I agree and always have that NZ should not have involved ourselves in this to now have Dotcom sue us for billions is terrible. To hand over that money is literally going to take food from the mouths of poor children in this country.

    He needs to consider this very carefully if he wants to be a citizen here.

  4. I commented on this before, considering it as being a major matter of concern, only now has Martyn written a good post on the topic, apparently well advised.

    I would agree, the claim by Dotcom could well succeed, even if it may not, it will have very serious implications, as the lawyers acting for both sides, Kim Dotcom and the government, will bring out the ‘best’, and argue to the extremest of limits of what legal discussion will allow.

    This will likely be a very interesting case, perhaps those that ignored past cases of Mr Dotcom, will finally take note, and pay attention.

    When police, GCSB, SIS and government as a whole stuff up, hey, there are claims that can be laid, for most it is unimaginable, as the system makes it near impossible for us ordinary mortals to get legal aid to take them to court. But Kim may yet set a precedent, which the government, no matte what political colour, will fear seriously.

    I will watch all this with great interest and enjoyment, finally someone has the guts and MEANS to take the bastards to court.

    Also note this, another piece on how much BS our so called Ombudsmen serve us, rather collaborating with government:
    https://nzsocialjusticeblog2013.wordpress.com/2018/01/28/msd-release-oia-info-on-failed-mhes-trials-three-years-late-only-upon-advice-by-the-long-underfunded-half-committed-nz-ombudsman/
    (Published 28.01.2018)

    PDF version of Post:
    https://nzsocialjusticeblog2013.files.wordpress.com/2018/01/msd-release-oia-info-on-failed-mhes-trials-3-years-late-only-upon-advice-by-the-ombudsman-report-28-01-18.pdf

    Sleepy Hobbits, WAKE up, please.

  5. Amazing how politicans here in New Zealand can get away with feeding us BS and are never held accountable. It would appear that the most popular and loved politican ever in the History of NZ was a little economical with the truth ?

  6. Very sloppy management of the Crown/Government Business if Bill English the Minister of Finance was not kept in the loop, especially if there was potential for a $2.0 Billion Claim. Cowboys ?

  7. Christ i ]ope kim is successful in trying to recover at least part of his property. This would have to be the most obscene example of good old uncle sam bending nz over the desk assisted by key and his cohort. Mr plod of course shares much of the blame showing our big buddy the fbi that we have seen the movies and we can do it to!!! If the whole thing had’nt ruined so many lives and terrorised innocent women and children it would be keystone cops material, and over the years that it has dragged out it has not got any better.

  8. Of the serious implications streaming from this, the most serious is the impact on our Treaty settlements: if our courts rule compensation in the order of several billion dollars to Kim Dotcom for our Government’s mistreatment of him, then (in fairness) the Treaty settlements must finish up in the order of hundreds and hundreds of billions.
    If Kim dotcom is successful in his case against New Zealand, then I want to see the Prime Minister of the day, John Key, and his Ministers (in particularly, the Ministers of Police, Crown Law, Foreign Affairs, Justice, Treaty Settlements and Treasury) on trial for TREASON.

    • Agreed I’d love to see those fuckers go down! However in this little land of spite meanness and outright cruelty chances are slim.Great to see the NZ police being exposed once again for the complete numpties they are! Meanwhile we have a meth epidemic they do fuck all about And few of us can afford to own the roof over our head or even feed our offspring ! The collection of incompetent fuckheads who rule in this country are like shit stuck to the soles of our feet. How do we rid ourselves of them? Madame Guillotine is the only answer.

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