Kim Dotcom can be extradited to the court rules of the United States and New Zealand

An appeals court in New Zealand on Thursday rejected Dotcom's attempt to overturn an earlier decision that said it should face criminal charges in the United States. UU., Saying that Washington had established a "clear prima facie case to support the allegations with which the appellants conspired, and"

The decision to extradite Dotcom now rests with the New Zealand Minister of Justice, Andrew Little, however, Dotcom has formally accused that it will request permission to appeal Thursday's decision in New York. The Supreme Court of Zealand.

Along with three other defendants, Dotcom was indicted by a US grand jury. UU Of a series of charges that include conspiracy to commit organized crime, electronic fraud, conspiracy to infringe commercial-scale copyright and money laundering.

They deny the allegations and have been fighting hard against extradition, arguing that Megaupload was simply a file-sharing website and that they should not be blamed for what others were charging them.

Three New Zealand courts have now ruled against them, dismissing that argument and baderting that they could not be extradited on charges of benefiting from a copyright infringement because it is not a crime in New Zealand.

While the Court of Appeals held that "double criminality" was required for an extradition offense, it said that "we are satisfied that New Zealand law allows extradition for copyright infringement in the circumstances of this case "

"The appellants are accused of conduct that, if proven, would establish extradition offenses in New Zealand law," the court said.

Dotcom also lost an attempt in the Supreme Court of the United States to recover $ 40 million of badets seized by the government.
  Kim Dotcom leaves with his girlfriend Elizabeth Donelly after his extradition appeal in the Superior Court of Auckland on August 29, 2016.

Last chance

The New Zealand Ministry of Justice refused to comment on the ruling on Thursday , however, under the Extradition Act of the country, Justice Minister Little has the final say on the matter.
Ira Rothken, Dotcom attorney based in the US UU., said on Twitter that the defendants were "disappointed with today's ruling by the New Zealand Court of Appeals".

"We have been in three courts each with a different legal badysis, one of which thought there was no copyright infringement at all," he said. "We will seek a review before the Supreme Court of New Zealand."

Under New Zealand law, only the Supreme Court decides which cases will be known and Dotcom's legal team will now have to request authorization to appeal.
In a statement Dotcom said his legal team was "confident that the Supreme Court will hear the appeal since there are such important legal issues at stake."

He said that the ruling of the Court of Appeal was "in complete denial of the legislative history and intent of the Copyright Law, therefore, it has the value of toilet paper."

"The previous set is worrisome and has ramifications in New Zealand outside of my case," added Dotcom. "The decision exposes Internet service providers to criminal liability for the improper use of their services by users, as alleged against me."

US legislation UU It has a great weight in favor of copyright holders, and has been criticized for stifling innovation and hurting consumers, and for exporting US copyright regulations to other countries through free trade agreements.
Washington was also aggressive after file-sharing websites, with multinational cases against Kickbad Torrents and The Pirate Bay. Site advocates point to the fact that they simply facilitate the violation of copyright by sharing links to point-to-point torrent downloads, and do not actively host any protected files.

Jethro Mullen of CNN contributed to this report.


Source link

Check Also

Forget catwalks — locked fashion models to try homemade photo sessions with mom and dad behind the camera

Some of the world’s largest fashion brands are asking for locked models to shoot their …