‘US colony’ to extradite Kim Dotcom

Megaupload founder has faced copyright infringement charges since 2012

The government of New Zealand has signed extradition orders for Megaupload creator Kim Dotcom, ending a decade-long legal battle and clearing the way for him to be sent to the US for trial.

The US has charged the internet entrepreneur with racketeering, conspiracy to commit copyright infringement and conspiring to launder money, among other things. Dotcom has argued his company could not be liable for user behavior.

“I considered all of the information carefully, and have decided that Mr. Dotcom should be surrendered to the US to face trial,” Justice Minister Paul Goldsmith said on Thursday. “As is common practice, I have allowed Mr Dotcom a short period of time to consider and take advice on my decision. I will not, therefore, be commenting further at this stage.”

Dotcom was apparently aware of the decision earlier this week, posting on X that “The obedient US colony in the South Pacific just decided to extradite me for what users uploaded to Megaupload.”

The German-born tech executive created Megaupload in 2005 and moved to New Zealand in 2010. The platform, which allowed users to easily upload and share content, ended up getting seized by the FBI in 2012. 

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Washington has alleged that Dotcom and three other Megaupload officers did more than $500 million in damage to film studios and record companies by encouraging users to share copyrighted material.

Dotcom has been a vocal defender of WikiLeaks founder Julian Assange and a free speech advocate online. Charges against him have been described as “politically motivated” and “weaponized lawfare.”

In 2017, Dotcom argued that New Zealand laws make it clear that a platform can’t be held criminally liable for actions of its users. In 2020, the courts ruled that the four defendants could only be extradited on copyright infringement charges but not money laundering, in what Dotcom described as “a mixed bag.”

Two of the defendants, Mathias Ortmann and Bram van der Kolk, struck plea deals with the New Zealand government to avoid extradition. They were sentenced to prison terms in 2023. The fourth executive, Chief Marketing Officer Finn Batato, died in 2022.