The new Government soon will need to decide if they should settle with Kim Dotcom
Could we strip Bill English and John Key of their Knighthoods if he sues us? They were the ones who green lighted this abortion and they were the ones who signed us up as a country for the damages. Surely costing us $6.8b would nullify any ‘good’ they did to get their Knighthoods?
Another month, another legal win for Kim Dotcom.
This follows the Human Rights Review Tribunal win for Kim and they are warning signals before his case hits the Supreme Court.
Here’s the problem for the new Government. If Kim wins his case at the Supreme Court, he will sue NZ for damages.
How much will that be?
An eye watering $6.8billion…
Internet tycoon Kim Dotcom sues New Zealand for $6.8bn
An internet entrepreneur accused of masterminding one of the largest copyright infringements in history is suing the New Zealand government for $6.8bn in damages — equivalent to 3.5 per cent of the Pacific nation’s GDP — over the destruction of his business. Kim Dotcom, who is fighting extradition to the US, alleges Wellington unlawfully issued an arrest warrant in 2012 that resulted in him being on bail for six years. This act damaged his reputation, restricted him from leaving New Zealand and left him under the threat of extradition, according to court documents. Mr Dotcom, a 44-year old German-Finnish national, is seeking damages for lost profits from Megaupload, the file-sharing site that the US Federal Bureau of Investigation ordered shut down in 2012. He alleges the business, in which he owned a 68 per cent stake, would now be worth $10bn. “I cannot be expected to accept all the losses to myself and my family as a result of the action of the New Zealand government,” Mr Dotcom told the BBC.
…but there’s no way he would win right?
Well, it looks like he can win…
Harvard professor says Dotcom allegations lack merit
Dotcom’s extradition hearing is due to start next week and the latest legal twist in the case has been filed in court this week.
In submissions put forward by Dotcom’s US lawyer Ira Rothken yesterday, Harvard Law Professor Lawrence Lessig said the United States allegations lacked merit.
Mr Rothken told Morning Report today that the legal team was very pleased to have someone of Professor Lessig’s status say that Dotcom committed no crime.
“We think that it’s not only beneficial for Kim Dotcom, but for internet users across the globe, who make use of technologies like cloud storage on a daily basis.”
The United States has been trying to extradite Mr Dotcom since January 2012, when he was arrested on copyright and money-laundering charges relating to the now-defunct Megaupload website.
Later that year Mr Dotcom was found to be the subject of illegal spying by the GCSB, after which an independent review of the bureau was ordered.
Mr Rothken said the case against Dotcom should have been thrown out before it was even filed.
“We think the United States should take a look at this and seriously re-evaluate their case.”
…but would our Supreme Court allow him to win?
I believe the Supreme Court will look at this illegal fiasco of a case and decide whether or not NZ legal sovereignty trumps American legal sovereignty.
Which way do you think the Supreme Court of NZ will go on that?
Does anyone seriously think for one second that the highest Court in NZ will shrug and agree to fucking American law trumping our own domestic law?
This case is now bigger than Dotcom, this is about legal sovereignty. The Executive of NZ was willing under John Key to bend over backwards for America, our Judiciary will refuse point blank to do that.
But surely you scream, as you start getting nervous, no Government in its right mind would have agreed to a risky prosecution without protecting us from a massive damages case right?
Oh dear wee sleepy hobbits, I got bad news for ya…
New twist in Kim Dotcom case
The managers of the nation’s finances were kept at arm’s length when the Kim Dotcom case required Kiwi taxpayers to underwrite a potential future legal suit from the internet entrepreneur, a new document shows.
Instead, then-police commissioner Peter Marshall signed the “undertaking in respect to costs and damages” – the agreement which would allow Dotcom to sue New Zealand if it emerged the FBI case against him was unfair and unfounded.
It was the first time that the Crown was required to give an “undertaking” in a case where the property of someone facing charges was seized and was because the charges were brought by a foreign agency.
The need to provide an “undertaking of liability” emerged after police seized the tycoon’s cash and property without notice. The law required Dotcom have the chance to challenge the seizure and be given formal notice of his right to sue the Crown.
The need to provide an undertaking in March and April 2012 surprised the Crown and the Herald sought details of the debate and consideration over the risk to which NZ was exposed through the Official Information Act in July 2012. Treasury refused to supply the information sought so the Ombudsman was called on to investigate.
After three years of deliberation, Chief Ombudsman Dame Beverley Wakeham found there was a “public interest” which would be met by releasing a summary, which Treasury sent to the Herald this month.
The summary showed there were meetings “to discuss the case and how to inform ministers” were held Crown Law, police, the Ministry of Foreign Affairs, Ministry of Justice and Treasury.
On March 22 2012 Finance minister Bill English was told he “did not have a role in approving or signing off this kind of undertaking”. Instead, it was the Commissioner of Police’s role under the Criminal Proceeds (Recovery) Act.
While Mr English was kept briefed – including a briefing from Mr Marshall and Attorney General Chris Finlayson – there was no process established through which he was able to be formally involved in the undertaking.
Under the Public Finance Act, Mr English is responsible for matters which might impact on Crown accounts. Dotcom has claimed the loss of Megaupload cost him more than $2 billion although others have argued the impact is far less.
The summary provided to the Herald said there had been a review of the mutual legal assistance framework of which Treasury was a part. It “intended to use the forum to recommend the establishment of a consultation process and set out criteria for issuing undertakings”.
The requirement to give an undertaking to the court to meet any damages was a factor which put Sony off joining a civil case seeking to claim Dotcom’s assets, emailed hacked and released last year revealed. Sony’s top copyright lawyer, Aimee Wolfson, said it was “not at all unimaginable” Dotcom would avoid extradition or even successfully defend himself in the United States.
The studio is not a participant in a case in NZ courts with discussion in the emails showing potential exposure to a legal suit from Dotcom concerning executives.
The risk to which New Zealand is exposed was underscored by a legal opinion released today from Harvard University’s professor of law Lawrence Lessig, one of the world’s leading experts on copyright law. He said the FBI charges would not stand up in US courts and there was no basis in law for Dotcom to be extradited.
…that’s right sleepy hobbits, your blessed Sir John Key and Sir Bill English signed us all up for what will be the largest damages case in our history.
When Kim Dotcom wins his Supreme Court fight and sues NZ for $6.8billion in damages, where will all those National voters who mocked him and cheered John Key be then?
Where. Will. They. Be?
Could we strip Bill English and John Key of their Knighthoods if he sues us? They were the ones who green lighted this abortion and they were the ones who signed us up as a country for the damages. Surely costing us $6.8b would nullify any ‘good’ they did to get their Knighthoods?
As much as we might love watching National voters twitch in the wind, the reality is NZ has barely paid out $1.5b in damages to Māori for stealing most of the country off them, a progressive Government having to shell out over four times that amount to a German internet entrepreneur who was targeted by the previous Government is NOT an outcome any of us wants.
That’s why the new Government should be quietly meeting and settling this with Dotcom before it gets to the Supreme Court.
The truth is we could get smashed here because of fucking Key and English, we need to start rethinking this bullshit case before it burns us further.
