The United States must have evidence against Kim Dotcom to hand over in the uitleveringszaak of the MegaUpload founder as the supreme Council in New Zealand decided. Also contained the uitleveringsverzoek insufficient evidence.
The decision of the High Council on the case against the MegaUpload founder means that an earlier judgment of the Court of appeal in New Zealand. The U.s. government was in the defence to come against that judgment, because the Americans thought that New Zealand more evidence than in a normal uitleveringszaak.
The High Council went in there and reasoned that the defense severely disadvantaged would be if they don’t have access to the evidence. The U.S. would, according to the agency a significant advantage in the uitleveringszaak, as the country exclusive access to the evidence. The decision of the highest court makes that the FBI is now definitive evidence about auteursrechteninbreuk, money laundering and fraud must be present.
Finally found the High Council that the uitleveringsverzoek of the U.S. do not meet the proper legal requirements met. The uitleveringszaak will be in march next year. It was already clear that the judiciary in New Zealand doubted the case against the founder of uploadsite MegaUpload. The court in New Zealand continued to question the legality of the collected evidence. So would the FBI seized data illegal have copied and abroad have moved. Also would the court order ‘too wide’, which is both relevant and irrelevant material seized could be. The search warrant was previously on this land declared unlawful.
In January, servers were of MegaUpload, an action initiative of the United States, taken offline, and were in New Zealand a number of MegaUpload employees were arrested, including a Dutch programmer. They are accused of facilitating massive copyrightinbreuk.