Judge rules Kim Dotcom can be extradited to the US

A New Zealand judge ruled yeserdtay that colourful internet entrepreneur Kim Dotcom and three of his colleagues can be extradited to the United States to face criminal copyright charges.

Kim Dotcom leaves court after hearing the  extradition decision. Picture: Getty
Kim Dotcom leaves court after hearing the extradition decision. Picture: Getty

Dotcom’s lawyers said they will appeal the decision.

Judge Nevin Dawson’s ruling came nearly four years after US authorities shut down Dotcom’s file-sharing website Megaupload, once one of the internet’s most popular sites. Prosecutors say it raked in at least $175 million, mainly from people using it to illegally download movies.

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The US has charged the men with conspiracy to commit copyright infringement, racketeering and money laundering. If found guilty, they could face decades in jail.

Judge Dawson presided over a nine-week extradition hearing in which lawyers outlined the case against the four men. In his ruling, Dawson wrote that “The overwhelming preponderance of evidence… establishes a prima facie case to answer for all respondents on each of the counts.”

The judge was required only to decide whether the US had a valid case and not on whether he thought they were guilty or innocent.

The case could have broader implications for internet copy-right rules. Dotcom’s lawyer Ron Mansfield said earlier that if the US side prevails, websites from YouTube to Facebook would need to more carefully police their content. The case also raises questions about how far US jurisdiction extends in an age when the internet has erased many traditional borders. Dotcom says he has never set foot in the US.

Born in Germany as Kim Schmitz, Dotcom has long enjoyed a flamboyant lifestyle. He was arrested in New Zealand in 2012 after a dramatic police raid on his mansion.

Out on bail soon after, he released a music album, started another internet file-sharing company called Mega, and launched a political party which unsuccessfully contested the nation’s 2014 election.

In addition to Dotcom, who founded Megaupload and was its majority shareholder, the US is also seeking to extradite former Megaupload officers Mathias Ortmann, Bram van der Kolk and Finn Batato.

“Justice was not served today,” said Ira Rothken, one of Dotcom’s lawyers, on Twitter. He said he looked forward to having the decision reviewed in court.

New Zealand justice minister Amy Adams is required to sign-off on any extraditions. In a statement yesterday,

Adams said she would wait for the conclusion of any appeals before making a final decision.

The men remained free on bail after yesterday’s ruling pending their appeals.

Before the ruling, Dotcom wrote on Twitter: “This is my weirdest Xmas ever.”