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Published: Sun, July 08, 2018
Tech | By Dwayne Harmon

Kim Dotcom loses latest appeal against United States extradition

Kim Dotcom loses latest appeal against United States extradition

Mr Dotcom estimates he has spent 165 days in court and spent $40 million in legal fees on the case.

If extradited to the U.S., the internet entrepreneur would face charges of racketeering and copyright infringement over his now defunct file-sharing platform Megaupload.

The decision on extradition now rests with the Minister of Justice Andrew Little, according to the Extradition Act.

The US is seeking Dotcom's extradition from New Zealand over his now defunct file-sharing website Megaupload.com, which is alleged to have been the vehicle for the biggest copyright infringement in US history.

The judges agreed with the High Court ruling that claims of misconduct by the U.S., 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.

"As people will know, I am prepared to fight to get justice, whether it is for me or others", Dotcom said in a statement.

Kim Dotcom's United States lawyer says he will take the case to the Supreme Court after his client lost their bid to escape extradition to the US.

"We have now been to three courts each with different legal reasoning and one of which thought that there was no copyright infringement at all", Rothken said.

Washington has also gone aggressively after file-sharing websites, with multinational cases against Kickass Torrents and The Pirate Bay.

Dotcom's lengthy legal battle has previously seen the District and High Courts find against him.

In Thursday's ruling, the Court of Appeals reached the same result by a more direct route, arguing that Gilbert had read the word "object" too narrowly.

Of course, if the case against Dotcom et al ever does reach an American courtroom, they will claim that MegaUpload enjoyed safe harbour protection and therefore can not be held liable for any unlicensed content distributed over its networks by its users. I will appeal to the Supreme Court. Then, the New Zealand's government must decide whether to extradite Dotcom and his colleagues-which seems likely, given the amount of effort the government has put into the case.

The accused could face decades in prison, if convicted in the U.S.

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