Media Statement From Dotcom Legal Team
This case is no longer the “largest criminal copyright case”, 1 at least as far as New Zealand is concerned. As we have said all along, there is no such offence under our Copyright Act. We were right. However, this afternoon the High Court judgment 2 was issued and, ultimately, although it concluded we are right, 3 the Court concluded that Kim is still eligible for surrender.
To win the major plank 4 of the case but to get that outcome is extremely disappointing. However, we are far from defeated. It is hard to accept the logic that, if the conduct that all accept at its heart relates to assertions of breach of copyright is not an offence under that Act, how it can nonetheless be massaged into a general fraud offence. In fact, that thinking has been rejected outright in the Supreme Court in the United States.
The High Court has accepted that Parliament made a clear and deliberate decision not to criminalise this type of alleged conduct by internet service providers, 5 making them not responsible for the acts of their users. For the Court to then permit the same conduct to be categorised as a type of fraud in our view disrupts Parliament’s clear intent. The High Court decision means that Parliament’s intended protection for internet service providers is now illusory. That will be a concern for internet service providers and impact on everyone’s access to the internet.
The last hurdle to what we say is the correct outcome – no extradition – will now need to be determined by the Court of Appeal. We remain confident that this last point, which would prevent extradition in this complex and unprecedented legal case, will be resolved in Kim’s favour in a manner consistent with Parliament’s intent, international law and, importantly one might think, the United States’ own law.
Whilst many have struggled to get beyond the United States’ hype in this politically charged and misunderstood case, an objective observer will now realise that there is much more to this case than they were previously informed of from the District Court judgment.
Whether Kim has committed an offence under New Zealand copyright law has finally now been answered in his favour; he has not. Whether our law should still permit him to be extradited to the United States under an Act that has no interest in copyright, is the question that remains now to be answered by our Courts. We say no and we are confident that this must be right.
Whether you are a supporter of Kim’s or not, these are important principles of law for us all and the very issues that we need our justice system to grapple with if we want a credible and safe process for extradition to any requesting country, including those with whom we have a close commercial and political relationship.
Ron Mansfield, Barrister
Dotcom Legal Team
20 February 2016
1 https://www.justice.gov/opa/pr/justice-department-charges-leaders-megaupload-widespread-online-copyright-infringement
2 Ortmann & Ors v United States of America [2017] NZHC 189.
3 See paragraphs [169]-[192] (in particular [192]).
4 See paragraph [591].
5 See paragraph [183].
Go Go Kim,
Fight for our right to associate with those whom we choose on the web or we are forced to live in a dictatorship.
haha you didnt do the crime but you are still guilty .. yep thats about how muricas justice system works and we now have evidence that ours is just as corrupt
I said in the early stages that the Crown’s, NZ Special forces and NZ Police’s questionable and arguably unethical actions and support of and compliance with foreign (mainly US) billionaire movie magnet interests directed through the US Government/Justice, in the takedown of Mega, Kim Dotcom had the potential to impact very poorly financially on the NZ Government and then of course the NZ Taxpayer should incompetence and poor decision making by NZinstitutions (which appears to e now coming out….keystone cops style) leave us picking up the tab for punitive/exemplary damages, or loss of profits brought to Mega and Dotcom due to the actions the NZ Government and agencies have enacted and being part of that are not supported by statute/law in New Zealand.
The price McCully paid for a Saudi sheep farm, to placate a foriegn interest, has the potential to pale in significance to what financial ramifications the recent court ruling has delivered in that there is no basis, and was no basis at the time of the US and NZ Crown supported raids on the Dotcom mansion, for extradition charges to be laid based on copyright infringements.
It is no wonder that Crown Law will be pulling all stops to delay addressing the injustices dealt to Kim Dotcom to deflect from potential financial damages being paid to Dotcom/Mega, which given the recent court ruling reminds me of seeing young children (the NZ Government, NZ Special Forces and NZ Police) repeatedly claim that their actions were accidental, or that they did not do it, or that they were justified even when it is beyond doubt that they have been responsible for actions that are not socially acceptable…..the tantrums and direct lies can go on for long periods before the children finally own up and take responsibility for their inappropriate reactions and actions.
Crown Law, should now withdraw NZ support to the US Authorities in terms of the US case for extradition , at the earliest possible stage to Kim, Mega and all those adversely affected by NZ’s complicit and subordinate assistance of the US Authorites which has been argued has been initiated on behalf of Movie Moguls.
I suggest that stage has come about with the latest ruling….then the NZ Government should settle with Dotcom/Mega and all those adversely affected sooner than later. Perhaps as part of the settlement NZ could offer Dotcom a plot of land in Queenstown, offer permanent citizenship, allow Dotcom to start up a high tech venture capital fund that does not have a sweetheart deal as had been offered to other individuals. At least Dotcom would be willing to live in New Zealand if NZ Citizenship was offered up.
This case is should never have been bought and just a corporate welfare for Twentieth Century Fox, Disney, Paramount, Universal, Columbia Pictures and Warner Bros who could have prosecuted Dotcom on their own dollar if they believed in the case. They didn’t and would have lost their copywrite case as Sony predicted which is why they didn’t join in and suckered NZ and US government to do if for them.
Nice to have US Justice as “friends” and get the FBI, NZ tax payers and everyone else paying for Hollywood’s dirty work for them.
Remember Hollywood were the biggest groups after politicians caught up in the Panama papers tax havens! Talk about calling the kettle black!
Like Tobacco, the US on behalf of Hollywood are litigating to close down competition and keep non US based new technology companies dormant and keep these court cases going for years so their profits can continue as long as possible so they can get the dominant position.
It’s even better that NZ can pay for it. Nice to have 50 FBI agents illegally entering and ‘gathering’ evidence at your disposal to keep your rivals on their toes! sarc.
Pity Dotcom did not get Ron Mansfield earlier instead of his previous ‘representation’, thick as thieves in government work. Surprise, surprise they could not prove copywrite infringement before the courts, but did manage to make a lot of money out of Dotcom and nearly bankrupt him!