National Business Review: In December, Judge Nevin Dawson ruled there was a case to answer in the copyright violation, money laundering and racketeering charges brought by the US government against the Megaupload founders: Mr Dotcom, Mathias Ortmann, Bram van der Kolk and Finn Batato. by Campbell Gibson
'After 10 weeks of hearings and many hundreds of pages of submissions in the Auckland District Court, the “overwhelming preponderance” of evidence against the men established a prima facie case, Judge Dawson said, with all four eligible for extradition on all counts.
'The US alleges Megaupload was a simple fraud scheme deliberately designed to attract, protect and profit from copyright infringing material.
'In their defence, Mr Dotcom’s lawyer Ron Mansfield said the case amounts to whether an internet service provider (ISP), which he says Megaupload is, can be responsible, or should be responsible, for breaches of copyright by its users.
'A provision in the country’s Copyright Act also provides a “bar against prosecution” for dual technologies, Mr Mansfield said, claiming it is no crime to make money from a brilliant idea.'