The New Zealand Court on Thursday confirmed a lower instance court desicion that the founder of the Megaupload pirate server Kim Dotcom may be handed over to the United States where he faces charges of blackmail and copyright infringement. Dotcom's lawyer announced that his client will appeals to the highest New Zealand court.
The Appeals Court has now dismissed Dotcom's appeal and upheld the decision to issue last year. The US authorities claim that Internet moguls of German origin and three co-founders Megaupload Mathias Ortmann, Bram van der Kolk and Finn Batato have prepared film studios and record companies with more than five hundred million dollars (over eleven billion crowns) and have earned more than 175 million dollars (3.9 billion) by encouraging Internet users to store and share copyrighted content.
In the US, Dotcom is facing twenty years in prison. He denies the accusation and claims he can not be responsible for the actions of people who have chosen to use his server to illegally download songs or films. However, American prosecutors but Dotcom, who obtained a residence permit in New Zealand, blame, in addition to copyright infringement, for money laundering, blackmail and internet fraud.
"My legal team is sure that the (New Zealand) Supreme Court will deal with my appeal, given that legal issues are very important at stake," Dotcom said in a statement on Thursday's verdict of the Appeals Court. At the same time, he questioned how the court interpreted the copyright rules. "This is a precedent and its implications for New Zealand in other cases," he said.
There is no evidence, advocates say
Dotcom's advocates have argued in previous court proceedings that copyright infringement is not a criminal offense in New Zealand. Moreover, there is not enough evidence to suggest that Dotcom and other Megaupload leaders have combined with the intention of committing a crime.
If the Supreme Court of Dotcom takes the appeal and will deal with it, it will be Dotcom's last appeal to the courts. However, in order to avoid extradition to the US, he could continue if the Minister of Justice approves the extradition. Even if this decision can be reviewed by the judiciary.
The New Zealand police detained a German native named Kim Schmitz in January 2012 at the request of the US authorities. Dotcom spent a month in custody before being released to home jail. Megaupload.com was blocked by the authorities.
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