Dotcom starting court appeal

Kim Dotcom is back in the High Court today to begin what is scheduled to be a six week appeal of his extradition to the US.

He has also been appealing for sympathy around the world.

Newshub: Dotcom’s mega battle returns to court

Kim Dotcom is set to return to court today as he appeals a decision to allow his extradition to the United States.

A judge ruled in December there was overwhelming evidence the 42 year old and three co-accused had criminal charges to face over their part in running file-sharing website Megaupload.

The US government argued last September Dotcom and the others earned nearly $240 million by running a website funded largely by revenue from publishing copyright-infringing files.

During the 10-week extradition hearing last year, lawyers for the US said Megaupload had paid people to illegally upload copyright-infringing files and then charged others to watch them.
But Dotcom’s lawyer, Ron Mansfield, said the website was protected by a “dual-use” defence – where a company couldn’t be responsible for the illegal use of products with other legitimate purposes.

The four men have been locked in a protracted legal battle over the case since Dotcom was dramatically arrested in a Hollywood-style raid on his Coatesville mansion in 2012.

They face charges of conspiracy to commit racketeering, conspiracy to commit money laundering, wire fraud and two kinds of criminal copyright infringement based on an FBI investigation going back to 2010.

Dotcom has been actively promoting his case on Twitter, including:

@KimDotcom
Essential reading about my case:

1. The corruption: http://Kim.com/whitepaper.pdf

2. Harvard Law Prof expert opinion: http://www.techfirm.com/professor-less

And:

@KimDotcom
OMG! The US Government is scared of LIVE STREAMING!

RNZ: Dotcom seeks extradition case live-stream

Kim Dotcom is asking a High Court judge to allow his appeal against extradition to the United States to be live-streamed over the internet.

He said he wanted the public to see his lawyers “smash” the US case.

Mr Dotcom said the US government opposed the idea of live-streaming the case.

I don’t know if the judge has ruled on live streaming yet, I presume that will be done at the start of court proceedings today.

And I don’t know if the court is set up for live streaming.

How many people will be interested in six weeks of legal arguments, apart from the attention seeking Dotcom? The court will make it’s decisions regardless of Dotcom’s social media campaign to win world wide sympathy.

More on live streaming from RNZ: US fears only reason to reject Dotcom livestream – lawyer

The only reason Kim Dotcom’s extradition case would not be live-streamed is if the United States is afraid their case is not good, his lawyer says.

Mr Dotcom’s lawyer Ira Rothken said the appeal was about whether a cloud storage provider could be responsible for the acts of its users.

He said it had worldwide relevance.

“People in New Zealand, as they do in the United States, are entitled to walk into the courtroom and sit down,” he said.

“This case has great importance across the globe. We don’t understand why it can’t be that anybody could watch this anywhere in the world.

“It only has to be because the United States is afraid that their case is not good, and it will be scrutinised, and they’re trying to avoid it.”

Mr Rothken said he was asking High Court Justice Asher to consider the idea.

So while Rothken takes a swipe at the US over live streaming all he is doing is asking the judge “to consider the idea”. It sounds like the US Government has no involvement in whether it will be live streamed or not.

I doubt that Judge Asher will be swayed by Rothken’s attempt to get world wide publicity.

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39 Comments

  1. Missy

     /  29th August 2016

    I wouldn’t have thought he would be able to live stream as it would be considered a form of broadcasting, and my understanding is there are still strict laws around broadcasting court cases in NZ – though if there is a lawyer here who could tell me if that is changed, that would be good.

    So, if media are unable to broadcast a court case in full I don’t see how live streaming would be able to be accomplished. It is poor journalism on the part of RNZ not to actually find out on what grounds the US are against the live streaming – there may be valid legal grounds for them to object. This story from them is rather pathetic.

    Reply
    • I suspect it’s little more than a publicity stunt by Dotcom and his lawyer.

      I’ve added another RNZ report on this.

      Reply
      • Missy

         /  29th August 2016

        Of course it is a publicity stunt, doesn’t detract from the poor journalism of RNZ not to look at the issue in a more in depth manner instead of just going with Dotcom’s spin. Maybe they should first look at the law in NZ and see if it is possible, that would be a good start – no wonder the public don’t have any respect for the media these days.

        Reply
      • Nelly Smickers

         /  29th August 2016

        *Kim already knew a week ago* that he wouldn’t be allowed to ‘livestream’ the proceedings……I’d even suggested to him earlier he should take a break from tweeting me for a while, just in case o_O

        Reply
        • Kitty Catkin

           /  29th August 2016

          Dream on, Dotgone. Nobody’s that fascinated by you.

          They probably don’t want to waste time streaming something that nobody will be bored enough to watch. Who on earth would want to watch that ? I’d rather watch the old test pattern.

          Reply
  2. Kevin

     /  29th August 2016

    “Mr Dotcom’s lawyer Ira Rothken said the appeal was about whether a cloud storage provider could be responsible for the acts of its users.”

    Well yes, yes you can, especially if you’ve actively encouraged them to act illegally and also acted illegally yourself.

    Reply
  3. Dotcom’s primary defence is the natural right of fair use of information. District Courts deal with persons, and persons do not have natural rights.

    Reply
  4. There are many who have been deported within a few weeks of their court appearance.
    This has gone on far to long. Shove the fetid one onto a 747 headed for LA and tell the US its christmas and here’s your present..

    Reply
    • Why don’t you criticize him for being fat as well?

      Reply
      • Ok UT. As far as his weight goes, he’s about as grossly obese as you can get without bursting at the seams then. He’s a recidivist criminal and fraudster who is up on charges that constitute a heck of a lot more than “natural right of fair use of information” as you call it.

        The sooner he heads to a cell in the States the better.

        Reply
        • lurcher1948

           /  29th August 2016

          The chinaman who bribed the police and govt with $40000000 could go with him

          Reply
        • Kitty Catkin

           /  29th August 2016

          The term Chinaman shows the user’s age.

          The idea that someone could bribe police and government shows their ignorance.

          Reply
            • Nelly Smickers

               /  29th August 2016

              Wayne reckins the *only reason* someone still sez chinaman these days is because they’re to scared to say chink XD

            • Klik Bate

               /  29th August 2016

          • Kitty Catkin

             /  29th August 2016

            Not to mention the fact that $40,000,000 divided between 8000 police and 120 MPs is a very small amount each. This would also assume that every police officer and every MP was willing to take this small bribe and had the power to do whatever you’re accusing them of, that they could organise themselves to do it and that they all felt exactly the same way about it.

            There’s also the improbability of the man you accuse of this bribery being able to approach all these people and persuade them to do a corrupt action for an amount that is a tiny fraction of their yearly earnings, thereby risking their careers ending in a prison sentence. It just wouldn’t happen.

            The government collectively would scarcely take a bribe that is less than $10 for every person in the country. Have you any idea what sort of money the government works with ?

            Reply
            • Kitty Catkin

               /  29th August 2016

              I hadn’t thought that he was as old as THAT, Traveller. But you could be right. World’s oldest man lives in NZ. He was born in the year 68.

            • Kitty Catkin

               /  29th August 2016

              That shows that there’s a chink in Wayne’s head where other people have a brain. It would be a cavity if his head was bigger.

            • Nelly Smickers

               /  29th August 2016

  5. If Kim Dotcom was so sure of his innocence he would be in the US, talking to the US media and having his days in court fighting the good fight.

    But instead he is trying every delaying tactic in the book to avoid facing his accusers in court.

    How much is this costing the NZ taxpayer? Do the US reimburse crown law for the amount of time and cost they have expended this on their behalf or is it all on a reciprocal cost basis under the extradition treaty??

    Reply
    • Alan Wilkinson

       /  29th August 2016

      As far as corruption goes, it is hard to choose between Dotcom and the US justice system. Little wonder neither trusts the other. Honestly, the chances of Dotcom getting a fair trial in the US are absolutely nil. Ask Conrad Black. So of course he will fight extradition to the last dollar.

      Reply
      • Kitty Catkin

         /  29th August 2016

        So he doesn’t believe that right will prevail ? How odd.

        Reply
      • Kevin

         /  29th August 2016

        Considering the rock-solid case against him it’s going to be pretty hard for him to keep from going for jail.

        Reply
    • Blazer

       /  29th August 2016

      yeah right…the conviction rate in U.S courts is around 95%.The ‘land of the free’ has the highest per cap incarceration rate in the OECD!Ask Conrad!

      Reply
  6. Nelly Smickers

     /  29th August 2016

    3:44pm

    Kim has still been *tweeting me all day* from the courthouse…..I’ll keep the Group here updated if I consider anything to be of *real* interest ❗

    Reply
    • Kitty Catkin

       /  29th August 2016

      Please spare us the tweets that everyone on his list will be receiving, including you. He almost certainlyhasn’t been tweeting you, he’s been sending out tweets to everyone who’s asked to be on his list of tweetmates, unless everyone else has lost interest in this bore. If this is a tweet of ‘real interest’, the others must be appallingly dull.

      Reply
  7. Kevin

     /  29th August 2016

    It’s interesting to see that The Standard, aka the blog that will not let anything bad be said about Kim Dotcom, have not a single post on this. Oh well, once the appeal is done and Dotcom ordered to the US, there will be much gnawing and gnashing of teeth.

    Reply
  8. Nelly Smickers

     /  29th August 2016

    As Kimmie posted the other day…….at least when he gets back to the Apartment, he’s still got *something* to take his mind off things 😛

    Reply
    • Kitty Catkin

       /  29th August 2016

      Dream on, Dim. Is it likely that she’d be interested ? What a dirty old man.

      Reply
  9. Zedd

     /  29th August 2016

    well if nothing else.. he kept a few newzcrewz busy/entertained.. but alas.. methinks hez problee a gonna ? :/

    Reply

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