In summary, Lessig says that the DoJ has failed to prove a case of direct civil copyright infringement or of criminal copyright infringement. Neither has it proven a case of criminal conspiracy or wire fraud. Overall, Lessig believes that the DoJ case is so weak that extradition for Dotcom et al will not be possible.
“It is my opinion that the Superseding Indictment and Record of the Case filed by the United States Department of Justice (DOJ) do not meet the requirements necessary to support a prima facie case that would be recognized by United States federal law and subject to the US – NZ Extradition Treaty,” Lessig writes.
“Insofar as they are alleged in the Superceding Indictment and the [Record of the Case], respondents’ actions were not prohibited by criminal statutes of the United States. Filings of the DOJ attempt to create a false impression of criminal guilt and are not reliable.”
Google Richard O’Dwyer and TVShack. Pretty sure there are parallels worth exploring. I believe the UK, unlike their craven NZ counterparts, told the US to ‘go take a leap’.
There were other very similar cases too, but I can’t remember names or such-like.
Somewhere there is a free streaming documentary looking at how the porn industry was trying to shut down ‘free’ sites and what not. The basic thrust of part of the docu was that it was exploring possible legal arguments/strategies that could then be used by major studios against the likes of (the then unknown) O’Dwyer and Dotcom.
When kim sues us for 15 gazillion dollars for the misconduct of our Attourney General and police is there a simmilar “undertaking of liability” under which we can recover these funds from the u s of a. Its looking quite likely now
https://torrentfreak.com/presidential-candidate-lawrence-lessig-steps-up-to-assist-kim-dotcom-150916/