New Zealand court rules that Kim Dotcom can be extradited

Uncle Sam prevails over Kim Dotcom, but the case will likely go all the way to New Zealand's Supreme Court

Kim Dotcom, the New Zealand-based German entrepreneur behind the Mega Upload file-sharing website, can be extradited to the US along with three associates, an Auckland court has ruled.

Dotcom and his three associates are accused by the US authorities of conspiracy to commit copyright infringement, racketeering and money laundering. However, Dotcom claims that his file-sharing website was little different from many other file-sharing websites.

Judge Nevin Dawson ruled that the US had a valid and overwhelming case against Dotcom, but did not rule over whether they were guilty of not, and an extradition hearing would also have to be heard before Dotcom could be put on a plane to the US.

However, lawyers acting for Dotcom have already filed an appeal and independent observers have suggested that the case will go all the way to New Zealand's Supreme Court. "We've reviewed the judgment already. It didn't take long as it's rather light on the law, despite the case involving a number of rather complex legal issues," said Dotcom's lawyer Rob Mansfield in a radio interview after the judgment was announced.

The appeal, he added, would be based on the argument that the judge had "got the law wrong in relation to a lack of analysis of the law in the United States; in relation to copyright, internet service providers and the defence provided. There are a number of aspects where we believe that the judge has got it wrong".

Mansfield said that the New Zealand authorities, presenting the case on behalf of the US, had provided a partial and one-sided case to the court that was "incorrect", which meant that there was no extradition offence at all. Mansfield rejected claims central to the case that Dotcom provided rewards for uploaders using Mega Upload to share copyrighted material. "If you analyse the case... you'll see that the technology was copyright neutral," he said.

Furthermore, the other charges, including the racketeering and money laundering, all hinge on the copyright issue, he suggested.

Dotcom's mansion west of the New Zealand capital Auckland was first raided by New Zealand police at the behest of the US authorities almost four years ago. They, in turn, were motivated to act because of the alleged use of Mega Upload to share copyrighted material that, they say, cost film studios and record companies more than $500m in foregone revenues, while generating profits of $175m for Mega Upload.

The case hinges on claims that Dotcom actively encouraged users to upload and share this copyrighted material. It subsequently emerged that New Zealand's Government Communications Security Bureau - its equivalent of GCHQ or the NSA - had illegally spied on Dotcom before the raid. Dotcom has also had to fight a side-case in order to access assets frozen by the US and New Zealand authorities so that he can fund his defence.