US appeal dismissed in Dotcom case

New Zealand judge upholds disclosure order


BREAKING The USA has suffered another rebuff in its attempts to extradite Kim Dotcom, with Judge Winkelmann of the High Court of New Zealand upholding a previous disclosure order made by Judge David Harvey.

The previous order had required the FBI to disclose an extensive amount of documentation to support its application for Dotcom’s extradition. As noted by NZ’s LawGeekNZ blog, the disclosure would cover communications between US authorities and the MPAA and RIAA on behalf of copyright owners.

This had been resisted by the US, which requested a judicial review. This has now been completed, and in a 51-page judgment (available at LawGeekNZ), Judge Winkelmann has dismissed the application.

“Without disclosure,” the judge wrote, Dotcom “will be significantly constrained in his or her ability to participate in the hearing, and the requesting state will have a significant advantage in terms of access to information”. It was that advantage that the “G-Men” sought, and failed, to preserve.

The USA had also tried to corner the High Court by putting forward the notion that the orders represented an attempt at extra-territoriality, something which didn’t impress the judge: “Because the applicant is a party to the proceeding, orders for disclosure does not involve the District Court making orders with extraterritorial effect”.

Dotcom was arrested back in January, along with associated Finn Batato, Mathias Ortmann and Bram Van Der Kolk, with the FBI saying that Megaupload was responsible for copyright infringement on a mega scale. The case has been delayed, with an extradition decision now unlikely before 2013 – if, in fact, the prospect of disclosure doesn’t cause a re-think back in the Land of the Free. ®

Broader topics


Other stories you might like

  • Twitter founder Dorsey beats hasty retweet from the board
    We'll see you around the Block

    Twitter has officially entered the post-Dorsey age: its founder and two-time CEO's board term expired Wednesday, marking the first time the social media company hasn't had him around in some capacity.

    Jack Dorsey announced his resignation as Twitter chief exec in November 2021, and passed the baton to Parag Agrawal while remaining on the board. Now that board term has ended, and Dorsey has stepped down as expected. Agrawal has taken Dorsey's board seat; Salesforce co-CEO Bret Taylor has assumed the role of Twitter's board chair. 

    In his resignation announcement, Dorsey – who co-founded and is CEO of Block (formerly Square) – said having founders leading the companies they created can be severely limiting for an organization and can serve as a single point of failure. "I believe it's critical a company can stand on its own, free of its founder's influence or direction," Dorsey said. He didn't respond to a request for further comment today. 

    Continue reading
  • Snowflake stock drops as some top customers cut usage
    You might say its valuation is melting away

    IPO darling Snowflake's share price took a beating in an already bearish market for tech stocks after filing weaker than expected financial guidance amid a slowdown in orders from some of its largest customers.

    For its first quarter of fiscal 2023, ended April 30, Snowflake's revenue grew 85 percent year-on-year to $422.4 million. The company made an operating loss of $188.8 million, albeit down from $205.6 million a year ago.

    Although surpassing revenue expectations, the cloud-based data warehousing business saw its valuation tumble 16 percent in extended trading on Wednesday. Its stock price dived from $133 apiece to $117 in after-hours trading, and today is cruising back at $127. That stumble arrived amid a general tech stock sell-off some observers said was overdue.

    Continue reading
  • Amazon investors nuke proposed ethics overhaul and say yes to $212m CEO pay
    Workplace safety, labor organizing, sustainability and, um, wage 'fairness' all struck down in vote

    Amazon CEO Andy Jassy's first shareholder meeting was a rousing success for Amazon leadership and Jassy's bank account. But for activist investors intent on making Amazon more open and transparent, it was nothing short of a disaster.

    While actual voting results haven't been released yet, Amazon general counsel David Zapolsky told Reuters that stock owners voted down fifteen shareholder resolutions addressing topics including workplace safety, labor organizing, sustainability, and pay fairness. Amazon's board recommended voting no on all of the proposals.

    Jassy and the board scored additional victories in the form of shareholder approval for board appointments, executive compensation and a 20-for-1 stock split. Jassy's executive compensation package, which is tied to Amazon stock price and mostly delivered as stock awards over a multi-year period, was $212 million in 2021. 

    Continue reading

Biting the hand that feeds IT © 1998–2022