ibusinesslines.com September 21, 2018

New Zealand Court Rejects Kim Dotcom US Extradition Appeal

07 July 2018, 09:37 | Erica Roy

Read MoreNZ court finds grounds to extradite Kim Dotcom to US

FILE IMAGE Internet entrepreneur Kim Dotcom has lost a second bid against extradition to the US on charges of racketeering

Kim Dotcom launches his new file-sharing site, Mega, on January 20, 2013 in Auckland, New Zealand.

The German-born tech mogul this year asked the Court of Appeal, New Zealand's second highest court, to overturn a decision approving his extradition, but was this morning turned down.

Mr Dotcom and his co-accused have consistently denied the U.S. charges.

Dotcom, of course, continues to deny the allegations made against him in the United States, while also arguing that there are no grounds for extradition. "It is held to decide whether there is sufficient evidence to commit a person for trial on a qualifying offense", the New Zealand Court of Appeals said in its ruling.

The judges agreed with the High Court ruling that claims of misconduct by the USA, including the NZ Government Communications Security Bureau's self-acknowledged unlawful spying on Dotcom and Batato, were so extreme as to not warrant a stay, or that they raised a question of law meriting an appeal.

"We have now been to three courts each with a different legal analysis - one of which thought that there was no copyright infringement at all", he said. With that in mind, the appeals court added, United States prosecutors had presented "a clear prima facie case that the appellants conspired to, and did, breach copyright wilfully and on a large scale, for their commercial gain". The group can still seek appeal to New Zealand's Supreme Court-though the nation's highest court, like the US Supreme Court, only agrees to hear a minority of the cases that are appealed to it.

He said the Court of Appeal judgment was "in complete denial of the legislative history and intention of the Copyright Act".

"Therefore it has the value of toilet paper", he tweeted.

The court said United States authorities had "a clear prima facie case to support the allegations that the appellants conspired to, and did, breach copyright wilfully and on a massive scale for commercial gain".

Prosecutors allege that Megaupload, which once accounted for 4% of all Internet traffic, generated more than US$175-million in criminal proceeds from the exchange of pirated films, music and files.

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