US-NZ net piracy case to take time
Source: Agencies |
January 26, 2012, Thursday
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EFFORTS by the United States to extradite the mastermind of an alleged Internet piracy scheme from New Zealand to face copyright-infringement and money-laundering charges are likely to be long and complex.
Kim Dotcom, a German national also known as Kim Schmitz, will be held in custody in New Zealand until February 22 ahead of a hearing of a US extradition request.
US authorities claim Dotcom's file-sharing site, Megaupload.com, has netted US$175 million since 2005 by copying and distributing music, movies and other copyrighted content without authorization. Dotcom's lawyers say the company simply offered online storage and that he will fight extradition.
"It could take some considerable time to get through the whole thing," said senior New Zealand lawyer Grant Illingworth, adding there were rights of appeal and procedural review to both sides.
Dotcom, 38, and three others, were arrested last Friday after a police raid at his rented country estate, reputedly New Zealand's most expensive home, at the request of the US Federal Bureau of Investigation.
Under New Zealand's extradition law, the prosecution must show there is enough evidence that would substantiate charges against Dotcom and the others accused of breaching local copyright laws.
"What the judge has to do is decide whether there is a prima facie case that would justify the person being put on trial if the offense had occurred in New Zealand," Illingworth said.
The judge said he could not assess whether the United States had a strong enough case against Dotcom, nor whether he had a good defense.
Copyright infringement and illegal file sharing are normally civil matters in New Zealand, but there is a provision for criminal charges and a maximum five-year jail term for serious breaches.
Kim Dotcom, a German national also known as Kim Schmitz, will be held in custody in New Zealand until February 22 ahead of a hearing of a US extradition request.
US authorities claim Dotcom's file-sharing site, Megaupload.com, has netted US$175 million since 2005 by copying and distributing music, movies and other copyrighted content without authorization. Dotcom's lawyers say the company simply offered online storage and that he will fight extradition.
"It could take some considerable time to get through the whole thing," said senior New Zealand lawyer Grant Illingworth, adding there were rights of appeal and procedural review to both sides.
Dotcom, 38, and three others, were arrested last Friday after a police raid at his rented country estate, reputedly New Zealand's most expensive home, at the request of the US Federal Bureau of Investigation.
Under New Zealand's extradition law, the prosecution must show there is enough evidence that would substantiate charges against Dotcom and the others accused of breaching local copyright laws.
"What the judge has to do is decide whether there is a prima facie case that would justify the person being put on trial if the offense had occurred in New Zealand," Illingworth said.
The judge said he could not assess whether the United States had a strong enough case against Dotcom, nor whether he had a good defense.
Copyright infringement and illegal file sharing are normally civil matters in New Zealand, but there is a provision for criminal charges and a maximum five-year jail term for serious breaches.
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