MEDIA RELEASE BY KIM DOTCOM – 20 MARCH 2018

Since 2012, I have been defending the United States’ attempt to extradite me
to face a criminal prosecution in the United States.

I have always argued that the conduct alleged – online dissemination of

copyright protected works by Megaupload’s users – is not an extradition
offence. The High Court correctly found this conduct is not an offence under
the Copyright Act 1994. However, it wrongly found that there were other
extradition pathways available to the United States. My appeal to the Court
of Appeal on this and other points concluded on 23 February 2018.

I believe that the United States prosecution is politically motivated and

brought for the improper purpose of making an example of me and
Megaupload on the world stage. The Obama administration was under
pressure from Hollywood to “get tough” on copyright enforcement or lose
Hollywood’s support. We were the perfect target – successful, high profile,
and based outside the United States. Professor Lawrence Lessig of Harvard
Law School has opined that the alleged conduct does not constitute an
offence in the United States. You can read his opinion here.

The extradition proceeding in New Zealand is tainted by the same

motivations. In their enthusiasm to assist their Five Eyes partner the United
States, and win favour with Hollywood, I believe the New Zealand
government applied political pressure to various limbs of the executive to
facilitate my extradition. This caused the New Zealand authorities to pursue
and maintain an unlawful warrant for my arrest when they should have known
better. This is at the heart of the claim I recently filed in the High Court for
damages for the destruction of Megaupload and the constraints on my liberty
for over seven years and counting now. You can read it here.

There is evidence that President Obama (as he then was) knew the real
purpose behind the United States prosecution. That, and further evidence of
political motivation in the United States and New Zealand, is set out in the
affidavit I have filed in the High Court at Auckland in support of an application
for orders that Mr Obama give evidence in my damages claim while he is
here in New Zealand. You can read my affidavit here.