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United States The Courts

Kim Dotcom Can Be Extradited To US But Can Also Appeal (bbc.com) 56

Posted by BeauHD from the hot-potato dept.
The Supreme Court in New Zealand ruled that file-sharing site mogul Kim Dotcom can be returned to the U.S. to face copyright charges -- but has also overturned another lower court's decision granting him the right to appeal. The BBC reports: The court ruled that Kim Dotcom and his three co-accused were liable for extradition on 12 of the 13 counts the FBI is seeking to charge them with. But it also ruled that the Court of Appeal had erred in dismissing judicial review requests from Mr Dotcom, and granted him the right to continue with them.

The FBI alleges that Megaupload facilitated copyright infringement on a huge scale, but Mr Dotcom's lawyers argue that the website was never meant to encourage copyright breaches. If he is extradited, he faces a lengthy jail term. Dotcom tweeted a statement from his lawyers which read: "For the Dotcom team, and especially for Kim and his family, it is a mixed bag."

"There is no final determination that he is to go to the United States. However, the court has not accepted our important copyright argument and in our view has made significant determinations that will have an immediate and chilling impact on the internet."
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Kim Dotcom Can Be Extradited To US But Can Also Appeal More

Kim Dotcom Can Be Extradited To US But Can Also Appeal

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  • Commas, FFS (Score:5, Informative)

    by lessSockMorePuppet ( 6778792 ) on Wednesday November 04, 2020 @06:54PM (#60685256) Homepage

    This sentence, "but has also overturned another lower court's decision granting him the right to appeal," reads exactly opposite its real meaning because you left out the comma after, "decision."

  • hat if the saudis asked for extradition for women ?

    • Each treaty can be different, but in general there are two requirements for extradition:

      A. An extradition treaty exists between the countries
      B. The crime is a felony in both countries

      If the Saudi government asked to extradite a woman who had committed a crime that is also a felony in the country they were to be extradited from, and the Saudi government had an extradition treaty with that government, they would potentially be extradited after appropriate legal process in the country in which they are located

  • For all my copyright breaching file sharing needs.

    Why go all the way after Kim?

    • For all my copyright breaching file sharing needs. Why go all the way after Kim?

      Because not a lot of people are going to feel any sympathy for Kim Dotcom. Once they get precedent they can start going after people that can garner public support.

    • Because the "leader of the free world" punishes mostly those who aren't their own.

  • http://attrition.org/postal/z/... [attrition.org]

    I like to revisit this little episode between attrition and Kimble every so often, and it remains quite amusing.

  • > immediate and chilling impact on the internet

    No, that happened a long time ago.

  • Comment removed based on user account deletion

    • The real bullshit are the theories of "intellectual property" and "international jurisdiction of US laws" that are applied here by the bully with the big fists.

  • "can be returned to the U.S. to face copyright charges" makes no sense because according to his 2016 tweet he's never actually been to the United States.

    • Re: (Score:2)

      by Revek ( 133289 )
      Doesn't matter. This is a RIAA and MPAA operation where they paid off everyone and failed to get the job done. They are desperate for this one to go their way and since they are not paying the bill for any of it they don't care how long it takes.

  • 8+ years? Will he take a plea deal?

    The guy isn't a Bernie Madoff and he's not a terrorist. When does the DOJ say it's not worth the cost?

    • Re: (Score:2)

      by jonwil ( 467024 )

      The US will stop the fight only when Hollywood (who's content was being illegally shared on Megaupload) says they can...

      • Way more of their content has been uploaded to and downloaded from YouTube.

        If the government wants to prioritize copyright infringement claims, they should prioritize targets by volume of infringement.

  • I figured he ate himself to death a long time ago.

  • Yeah I had totally forgotten about this guy but I'm glad to see that he'll be included in the credits for the movie 2020: The Year of What The FUCK

  • As the saying goes, if you can't do the time, don't do the crime. Crimes should be prosecuted, equally, for everybody - rich, poor, famous, obscure, and for Kim Dotcom, even popular technologists. So I hope the guy speeding on the interstate will get a ticket, that pedophiles get caught, protesters rioters and looter are jailed, and even tricky copyright infringers (aka thieves) caught and jailed.

    Now I know Kim Dotcom is popular and people's first gut reaction is NO, NOT HIM.

    Please tell me why not? Why shou

    • Why would a German living in New Zealand, and running a company based in Hong Kong be prosecuted in the US?

    • Re: (Score:2)

      by jemmyw ( 624065 )
      It's not actually illegal to protest

  • let's see if I understand this (Score:3)

    by doginthewoods ( 668559 ) on Wednesday November 04, 2020 @11:44PM (#60685964)
    Kim has never been to the US and is not a US citizen but a citizen of NZ, right? And the US is claiming that Kim broke a US law, but that law is not on the NZ books. So another country wants to take a NZ citizen to their country to stand trial for a law in that country, but not his native country, even though he is not a US citizen, and has never been to the US and did not do business in the US or have a business in the US? So far do I have this correct? Now the charge itself - the US is claiming that Kim broke copyright laws on the US. However, Kim did not directly do that - he ran a server and rented space to people who may or may not have broken the US law, and no one knows if those people were in the US and subject to US laws. So it's kind of like an apartment building owner who lives out of the country, being charged and extradited because one of his tenants was selling pot. None of this makes any sense to me

  • Before anyone feels bad for the guy, you should know in the 90s he snitched on every single one of his buddies to get a better deal for himself. He has been doing the exact same pirating for pay since then, just adjusting the platform a little bit to make more money for him. He is the definition of surfing the dark grey to black area. The sooner they take him down the better.

  • You can't make us care. This can be painted as a huge "rights" struggle, but at the end of the day you have no ending for "being repressed" OR "needs to pay for crimes" narratives.

    No, I am not a member of the "if you're not guilty, you don't have anything to worry about" crowd.

    Yes, I DO think that people should aspire or at least think of the idea of "don't be a dick" when choosing which laws/rules/social norms to break.

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