Kim Dotcom and two lawyers, Robert Amsterdam and Ira P. Rothken, have published a white paper today defending the Internet entrepreneur against a criminal prosecution issued by the United States government.
The report says the copyright case against Megaupload, the previous file sharing service run by Kim Dotcom, is based on “highly dubious legal prinicples” and that it has been manipulated by the government’s desire to appease the movie industry in exchange for political support.
“The United States government’s attack on the popular cloud storage service Megaupload and the dramatized arrest of Kim Dotcom, the company’s principal founder – together with the seizure of all their worldwide assets – represents one of the clearest examples of prosecutorial overreach in recent history,” it reads.
The defence being put forward for Megaupload
The legal team supporting Kim Dotcom argue that Megaupload was used to share a “spectrum of content” including family photographs, academic coursework and files, including videos and music, that was purchased through legal means.
It admits that some of these files including potentially infringing material, but maintains that the case against Megaupload is “grounded in a theory of criminal secondary copyright infringement.”
“In other words, the prosecution seeks to hold Megaupload and its executives criminally responsible for alleged infringement by the company’s third-party cloud storage users,” the team claims.
“The problem with the theory, however, is that secondary copyright infringement is not – nor has it ever been – a crime in the United States. The federal courts lack any power to criminalize secondary copyright infringement; the United States Congress alone has such authority, and it has not done so.”
Kim Dotcom, still facing extradition
Prosecutors based in the United States are trying to extradite Kim Dotcom from New Zealand, where he currently operates the new Mega file sharing service. Back in March, the appeals court overturned a rule that would have given Kim Dotcom and his leal team access to all of the evidence used in a prior extradition hearing, potentially giving him the documentation needed to mount a defence.
In a press release issued today, the international legal team behind Kim Dotcom said they were still challenging the extradition proceedings.
Robert Amsterdam, an international human rights lawyer representing Kim Dotcom, said he was calling on the U.S. House Committee on Oversight and Government Reform, as well as the Office of Professional Responsibility of the U.S. Department of Justice, to open an investigation into how the Megaupload prosecution was handled by the U.S. Department of Justice.
“In particular, the issue of special-interest influence over the executive branch and the failure of the Department of Justice to protect Megaupload consumer data access should be scrutinized,” he said.
You can take a look at the white paper in its entirety below:
Image Credit: Phil Walter/Getty Images
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Kim Dotcom issues a white paper calling on US officials to investigate Megaupload prosecution by DOJ
Oprah Winfrey speaks with Lance Armstrong during an interview on the controversy surrounding his cycling career on Monday, January 14, in Austin, Texas. Oprah Winfrey’s exclusive no-holds-barred interview with Lance Armstrong, “Oprah and Lance Armstrong: The Worldwide Exclusive,” has expanded to air as a two-night event on OWN: Oprah Winfrey Network. The interview airs Thursday, January 17, and Friday, January 18.
Cyclist Lance Armstrong has been stripped of his seven Tour de France wins and banned from the tournament for life, the International Cycling Union announced Monday, October 22. Pictured, Armstrong addresses participants at The Livestrong Challenge Ride on Sunday. He stepped down as chairman of his Livestrong cancer charity on Wednesday, October 17.
Armstrong leads his teammates during the final stage of the 1999 Tour de France.
Armstrong, 17, competes in the Jeep Triathlon Grand Prix in 1988. He became a professional triathlete at age 16 and joined the U.S. National Cycling Team two years later.
In 1995, Armstrong wins the 18th stage of the Tour de France. He finished 36th overall and finished the race for the first time that year.
Armstrong rides for charity in May 1998 at the Ikon Ride for the Roses to benefit the Lance Armstrong Foundation. He established the foundation to benefit cancer research after being diagnosed with testicular cancer in 1996. After treatment, he was declared cancer-free in February 1997.
Armstrong takes his honor lap on the Champs-Élysées in Paris after winning the Tour de France for the first time in 1999.
After winning the 2000 Tour de France, Armstrong holds his son Luke on his shoulders.
Armstrong rides during the 18th stage of the 2001 Tour de France. He won the tour that year for the third consecutive time.
Armstrong celebrates winning the 10th stage of the Tour de France in 2001.
After winning the 2001 Tour de France, Armstrong presents President George W. Bush with a U.S. Postal Service yellow jersey and a replica of the bike he used to win the race.
Armstrong celebrates on the podium after winning the Tour de France by 61 seconds in 2003. It was his fifth consecutive win.
Jay Leno interviews Armstrong on “The Tonight Show” in 2003. 
After his six consecutive Tour de France win in 2004, Armstrong attends a celebration in his honor in front of the Texas State Capitol in Austin.
Armstrong arrives at the 2005 American Music Awards in Los Angeles with his then-fiancee Sheryl Crow. The couple never made it down the aisle, splitting up the following year.
Armstrong holds up a paper displaying the number seven at the start of the Tour de France in 2005. He went on to win his seventh consecutive victory.
As a cancer survivor, Armstrong testifies during a Senate hearing in 2008 on Capitol Hill. The hearing focused on finding a cure for cancer in the 21st century.
In 2009, Armstrong suffers a broken collarbone after falling during a race in Spain along with more than a dozen other riders.
Young Armstrong fans write messages on the ground using yellow chalk ahead of the 2009 Tour de France. He came in third place that year.
Armstrong launches the three-day Livestrong Global Cancer Summit in 2009 in Dublin, Ireland. The event was organized by his foundation.
In May 2010, Armstrong crashes during the Amgen Tour of California and is taken to the hospital. That same day, he denied allegations of doping made by former teammate Floyd Landis.
Ahead of what he said would be his last Tour de France, Armstrong gears up for the start of the race in 2010.
Lance Armstrong looks back as he rides in a breakaway during the 2010 Tour de France.
Armstrong finishes 23rd in the 2010 Tour de France. He announced his retirement from the world of professional cycling in February 2011. He said he wants to devote more time to his family and the fight against cancer.
Armstrong’s son Luke; twin daughters, Isabelle and Grace; and 1-year-old son, Max, stand outside the Radioshack team bus on a rest day during the 2010 Tour de France.
The frame of Armstrong’s bike is engraved with the names of his four children at the time and the Spanish word for five, “cinco.” His fifth child, Olivia, was born in October 2010.
In February 2012, Armstrong competes in the 70.3 Ironman Triathlon in Panama City. He went on to claim two Half Ironman triathlon titles by June. He got back into the sport after retiring from professional cycling. 
