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NationalityFinnish and GermanOther namesKimble, Kim Tim Jim VestorEducationOccupationEntrepreneurYears active2005–presentKnown forFounder of andPolitical party(2014–2018)Spouse(s)Mona Verga (2009–2014),Elizabeth Donnelly (2018 - )Children5WebsiteKim Dotcom (born Kim Schmitz, 21 January 1974), also known as Kimble and Kim Tim Jim Vestor, is a - Internet and political activist who resides in, New Zealand. He first rose to fame in Germany in the 1990s as an Internet entrepreneur.Dotcom is the founder of the now-defunct (2005–2012). The company was financially successful, but in 2012 the United States Department of Justice seized its website and pressed charges against Dotcom, including criminal,. Dotcom was residing in New Zealand at the time, and New Zealand authorities arrested him and raided his home. Dotcom posted bail, and is currently going through lengthy legal proceedings and appeals to avoid being extradited to the United States.On 20 February 2017, a New Zealand court ruled that Dotcom, as well as co-accused Mathias Ortmann, Bram van der Kolk and Carter Edwards, could be extradited to the US on fraud charges related to Megaupload.
Dotcom denies any wrongdoing and has accused US authorities of pursuing a vendetta against him on behalf of politically influential Hollywood studios. On 5 July 2018, the upheld the lower court's ruling. His lawyer said that he would appeal the decision to the.In 2013, Dotcom launched another service called, although he later severed all ties with the service in 2015. He also started and funded the. The party contested the under an electoral alliance with the, and the, but failed to win any seats at either election. See also:In February 2003, at the same time he registered Trendax, Dotcom set up another company called Data Protect Limited, but changed the name to in 2005.
Megaupload was an online and service in which users could share links to files for viewing or editing. In 10 Facts about the Megaupload Scandal, Dotcom describes the company like this: 'Megaupload is a provider of cloud storage services. The company's primary website, Megaupload.com, offered a popular Internet-based storage platform for customers, who ranged from large businesses to individuals. This storage platform allowed its users to store files in the Internet 'cloud' and to use, if needed, online storage space and bandwidth.' The company was successful.
However, millions of people from across the globe used Megaupload to store and access copies of TV shows, feature films, songs, porn, and software. Eventually it had over 150 employees, US$175 million revenues, and 50 million daily visitors.
At its peak Megaupload was estimated to be the 13th most popular site on the Internet and responsible for 4% of all Internet traffic.On 5 January 2012, were filed in in the United States against Dotcom and other company executives with crimes including racketeering, conspiring to commit copyright infringement, and conspiring to commit money laundering. Two weeks later (20 January), Kim Dotcom, Finn Batato, Mathias Ortmann and Bram van der Kolk were arrested in, Auckland, New Zealand, by New Zealand Police, in an armed raid on Dotcom's house involving 76 officers and two helicopters. Assets worth $17 million were seized including eighteen luxury cars, giant screen TVs and works of art. Dotcom's bank accounts were frozen denying him access to US$175m (NZ$218m) in cash, the contents of 64 bank accounts world-wide, including BNZ and Kiwibank accounts in New Zealand, Government bonds and money from numerous PayPal accounts.Dotcom was to. He subsequently reported: 'The first night I didn't have a blanket, soap, toothpaste or toilet paper. They didn't provide us with the basic things. Every two hours, they would wake me up.
I was deprived of sleep. I wrote a complaint. I said, 'This is torture, this is sleep deprivation'.' He said he was treated like a convicted criminal and was 'stunned to be locked up in prison over claims of criminal copyright infringements when accused murderers were bailed to await trial'. On 22 February, North Shore District Court Judge Nevin Dawson overturned previous rulings and released Dotcom on bail. The judge considered there was no longer a significant risk that Dotcom would flee the country as all of his assets had been seized by this time, no new assets or bank accounts had been identified, and he had 'every reason to stay to be with his family and fight to keep his assets.' High Court On 28 June 2012, Justice found that the warrants used to seize Dotcom's property were illegal because they were too broad.
'These categories of items were defined in such a way that they would inevitably capture within them both relevant and irrelevant material. The police acted on this authorization. The warrants could not authorize seizure of irrelevant material, and are therefore invalid.' News emerged later that the Crown knew it was using the wrong order while the raid was in progress and Dotcom should have been given the chance to challenge the seizure. The Crown also revealed that police had handed seized hard drives to FBI staff who copied them at the police crime lab in South Auckland and sent the copies back to the US. Justice Winkelmann ruled that the handing of hard drives seized by New Zealand police in the raid to the FBI was in breach of extradition legislation, and the FBI's removal from New Zealand of cloned data from them was unlawful.Declaring the search warrants to be invalid was a significant victory for Dotcom because he was struggling to pay his mounting legal bills. At a hearing in the High Court on 28 August 2012, Justice allowed Dotcom to withdraw approximately NZ$6 million (US$4.8 million) from his seized funds.
He was also allowed to sell nine of his cars. The amount released was to cover $2.6 million in existing legal bills, $1 million in future costs, and another $1 million in rent on his New Zealand mansion. Court of Appeal In May 2012, a district court judge ruled that the FBI should hand over all its evidence against Dotcom relating to the extradition bid. The Crown appealed, but the ruling was upheld by the High Court. The Crown appealed again and in March 2013, the Court of Appeal quashed the previous court decisions.
Crown lawyer John Pike, on behalf of the US Government, argued that the district court had no power to make disclosure decisions in an extradition case and that 'disclosure was extensive and could involve billions of emails'. The Court of Appeal agreed stating that extradition hearings were not trials and the full protections and procedures for criminal trials did not apply. Dotcom's lawyer, Paul Davison, QC, appealed to the Supreme Court.
In May 2013, the Supreme Court agreed to hear the case, so it will make the final decision on whether Dotcom should receive all the FBI investigation files before the extradition hearing.A series of subsequent court decisions delayed every attempt to hold a hearing focused on extradition. In March 2013, Dotcom won a Court of Appeal ruling allowing him to sue the, rejecting the attorney-general's appeal against a ruling in December 2012.
A month later, Dotcom appeared in court again, seeking compensation from police over the raid on his house, which earlier had been deemed illegal. Confidential settlement with police In November 2017, Dotcom and his former wife Mona accepted a confidential settlement from the police over the raid. The settlement came after a damages claim was filed with the High Court over the 'unreasonable' use of force when the anti-terrorism Special Tactics Group raided his mansion in January 2012. Settlements have already been reached between police and Bram van der Kolk and Mathias Ortmann who were also arrested. The reported that their settlements were six-figure sums and 'it is likely Dotcom would seek more as the main target in the raid'. Commenting on the settlement, Dotcom said: 'We were shocked at the uncharacteristic handling of my arrest for a non-violent Internet copyright infringement charge brought by the United States, which is not even a crime in New Zealand'.
Supreme Court In February 2014, the deemed the raids on Kim Dotcom to be legal but not the FBI's taking of information. Dotcom appealed this decision to the Supreme Court. In December four of the five judges agreed with the Court of Appeal that the raid was legal and ordered Dotcom to pay $35,000 costs. Chief Justice dissented, saying there had been a miscarriage of justice as the search warrant was too broad.A month before the Supreme Court decision, Dotcom's legal team quit after he had spent $10 million on his defence, financed the Internet Party, but then ran out of money. When the US tried to have his bail revoked, a new lawyer, Ron Mansfield, helped keep him out of prison. In December 2014, events took another turn when the High Court in Hong Kong ruled that the United States 'did not have a clear path to serve a legal summons on Dotcom's filesharing company' and he could take a case to get back $60 million seized by authorities there. In making this decision, Judge Tallentire said, 'No one can say when that process of extradition will be completed given the appeal paths open to the various accused.
Indeed, no one can say if it will ever be completed'. Political fallout After his arrest by the New Zealand police in January 2012, Dotcom had an ongoing dispute with Prime Minister about when Key had first become aware of Dotcom. Dotcom argued that Key had been involved in a plan to allow him into New Zealand so that he could then be extradited to the US to face copyright charges. Key had consistently said he had never heard of Dotcom until the day before the New Zealand police raid on his mansion in Coatesville. Apology for illegal spying on Dotcom On 24 September 2012, Mr Key revealed that, at the request of the police, the (GCSB) had spied on Dotcom, illegally helping police to locate him and monitor his communications in the weeks prior to the raid on his house. The GCSB are not allowed to spy on New Zealand citizens or permanent residents; Dotcom, though not a citizen, had been granted permanent residency.
Three days later, the Prime Minister John Key apologized for the illegal spying. 'I apologize to Mr Dotcom. I apologize to New Zealanders because every New Zealander is entitled to be protected from the law when it comes to the GCSB Government Communications Security Bureau, and we failed to provide that appropriate protection for him.' In December 2012, Chief High Court judge Helen Winkelmann ordered the GCSB to 'confirm all entities' to which it gave information sourced through its illegal spying. This opened the door for Dotcom to sue for damages – against the spy agency and the police.
The Crown appealed but in March 2013, the Court of Appeal upheld the High Court's decision. Media reaction The mistakes by authorities attracted widespread media coverage and Key's handling of the affair was criticised by opposition parties in Parliament. Political commentator Bryce Edwards said the GCSB's involvement and the botched search warrants 'turned the pursuit of (Dotcom) and the operations of our law-enforcement agencies into the stuff of farce'. A editorial said that the announcement of the illegal spying 'heightened suspicions that this country's relationship with the United States has become one of servility rather than friendship. It is preposterous to suggest Mr Dotcom threatens our national security. The Government's unquestioning readiness to co-operate with American authorities seriously corrodes our claims to be an independent state.'
Commentator Richard Boock compared the Dotcom saga to and suggested it might eventually 'bring down' John Key. The story made headlines overseas, including in the Wall Street Journal, New York Times, The Guardian, and the Hollywood Reporter which specialises in legal and entertainment issues.
Internet Party. Dotcom at a political rally held by the Internet Party and Mana MovementIn September 2013, Dotcom revealed he aspired to enter. On 27 March 2014, Dotcom founded the.
In May 2014, it was announced that the Internet Party would form a political alliance with the, led by local activist and sitting Member of Parliament. The deal was brokered to serve the Mana Party financially, with the combined structure's political campaign in the being primarily funded by Dotcom. In contrast, the fledgling Internet Party was to benefit from the possibility of seats in parliament in the event that the combined structure were to achieve a greater percentage of the country's vote, helped along by the Mana Party's existing seat. Due to his citizenship status, Dotcom was ineligible to become a member of parliament, and, a veteran of left-wing politics and trade unions, was chosen as leader of the Internet Party.
The Moment of Truth. Problems playing this file? See.On 16 September 2014, Dotcom held an event in the Auckland Town Hall five days before the election in which he promised to provide 'absolute proof' that Prime Minister knew about him long before he was arrested. The event was billed as the 'Moment of Truth' and included the release of an email dated 27 October 2010 from Kevin Tsujihara, the chief executive of Warner Bros to a senior executive at the Motion Picture Association of America – the lobby group for the Hollywood studios. The New Zealand Herald, which broke the story, contacted Warner Bros., who said the email was a fake.In the, the joint gained 1.42% of the nationwide party vote but failed to win any seats.
Dotcom, who was not a candidate because he is not a New Zealand citizen, sank $NZ3.5 million dollars into the Internet Party, the largest personal contribution to a political party on record in New Zealand, according to the national Electoral Commission. 'I take full responsibility for this loss tonight,' Dotcom told reporters as election results became clear, 'because the brand—the brand Kim Dotcom—was poison for what we were trying to achieve'. The investigated the email and determined that it was a forgery.The media criticised Dotcom for 'failing to deliver' at the Moment of Truth after saying for three years that he could prove John Key had lied in relation to his copyright case. After the election, in which the Internet Mana alliance failed to win a seat, public support for Dotcom seemed to dissipate. Dotcom said in January 2015 he had become such 'a pariah' in New Zealand that he might as well leave the country. 2017 general election The party remained leaderless until 8 February 2017, when Suzie Dawson was appointed as its new leader for the.
The Mana connection was dropped and the party contended as the single entity the. The Internet Party ran 8 party list candidates. The party won only 499 votes (0.0%) and failed to win any seats in the.The Internet Party was deregistered on 12 June 2018 because its membership had dropped below the 500 required for registration. Extradition District court After three years' legal wrangling, involving two supreme court cases and 10 separate delays in the proceedings, proceedings finally got underway in an Auckland court on 21 September 2015.The wrangling continued at the hearing with Dotcom and his colleagues saying that they were unable to present a proper defence because the US had threatened to seize any funds they try to spend on international experts in Internet copyright issues.
Dotcom's American lawyer, Ira Rothken, said they would need about US$500,000 to get evidence from the appropriate experts. Harvard Law professor, an international expert in copyright and fair use, provided his written opinion for free. He said there were no legal grounds to extradite Dotcom and the allegations and evidence made public by the US Department of Justice 'do not meet the requirements necessary to support a prima facie case that would be recognised by United States federal law'.Once the hearing finally got under way, Crown prosecutor Christine Gordon, on behalf of the US Government, called it a 'simple scheme of fraud'.
Defence Lawyer Ron Mansfield's 300 page submission began with the argument that the case should be thrown out because the United States Supreme Court ruled in a parallel case in 1982 that copyright infringement was a civil matter and could not be prosecuted as criminal fraud.The Crown also made numerous references to intercepted conversations between Dotcom and his co-defendants. Christine Gordon said one message written by Dotcom, when translated from German, read: 'At some point a judge will be convinced about how evil we are and then we are in trouble.' Mr Mansfield said this sentence was used repeatedly by Ms Gordon during her submission 'with the knowledge that it would make international media headlines'. Mansfield had the passage translated by three independent academics who said it had a very different meaning and should read: 'At some stage a judge will be talked into how bad we allegedly are and then it will be a mess.' On 23 December 2015, North Shore District Court Judge, Nevin Dawson, announced that Dotcom and the three other Megaupload co-founders were eligible for extradition. He said the US had a 'large body of evidence' which supported a prima facie case.
An immediate appeal was lodged by Dotcom's lawyer. High Court In February 2017, the upheld the earlier decision of the district court that Dotcom and his three co-accused could be extradited to the United States. However, Justice Murray Gilbert accepted the argument made by Dotcom's legal team that he and his former Megaupload colleagues cannot be extradited because of copyright infringement.
The judge said he made this decision because: 'online communication of copyright protected works to the public is not a criminal offence in New Zealand'. However, Justice Gilbert said there were 'general criminal law fraud provisions' in New Zealand law which covered the actions of the accused and they could be extradited on that basis.Dotcom saw this decision as a major victory saying: 'The major part of this litigation has been won by this judgement - that copyright is not extraditable.' The ruling opened the door to further appeals because the warrant which was served on him when he was arrested on 20 January 2012, stated he was being charged specifically with 'copyright' offences. Both sides are expected to challenge aspects of the ruling before the New Zealand Court of Appeal and eventually the Supreme Court. Court of Appeal On 5 July 2018, the upheld the High Court's decision that Dotcom and the three co-accused could be extradited to the United States. In particular, the Court, disagreeing with Justice Gilbert, found that, even during the time of Megaupload's operations, it is a criminal offence in New Zealand to possess digital copyrighted works with an intention to disseminate them. Accordingly, Dotcom and his co-accused could be extradited on the basis of copyright infringement to stand trial in the United States.
Dotcom's lawyer said that he would appeal the ruling to the Supreme Court. Dotcom's perspective On his early offending In a lengthy article on, Dotcom said that he was not guilty of insider trading in Germany.
He said the judge and prosecutor offered him a suspended sentence if he pleaded guilty. 'I took the deal and moved on with my life instead of spending the next few years in court rooms defending my innocence.' Commenting on his business activities in Hong Kong, he said: 'Hong Kong, what an awesome place to do business and to host my new phantom persona. I should write a book about doing business in Hong Kong, that's how good it is.' Dotcom also wrote: 'I made mistakes when I was young and I paid the price.
Steve Jobs was a hacker and Martha Stuart is doing well after her insider trading case. I think over a decade after all of this happened it should NOT be the dominating topic. I am 37 years old now, I am married, I have three adorable children with two more on the way (twin girls – yeah) and I know that I am not a bad person. I have grown and I have learned.
Making this into an issue about my past is unfair to everyone else working at Mega. Our business is legitimate.' 'We have spent millions of dollars on legal advice over the last few years and our legal advisers have always told us that we are secure and that we are protected by the, which is a law in the US that is protecting online service providers of liability for the actions of their users.' On Megaupload In regard to Megaupload, Dotcom says he believes the company had actively tried to prevent copyright infringement – its terms of service forced users to agree they would not post copyrighted material to the website. Companies or individuals with concerns that their copyright material was being posted on Megaupload were given direct access to the website to delete infringing links.
Megaupload also employed 20 staff dedicated to taking down material that might infringe copyright. Dotcom also explained that Megaupload was responsible for the transfer of 800 files every second and that it would be impossible to police all that traffic.
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In addition, US privacy laws, such as, prohibit the administrators from looking into the accounts of the users.On 1 March 2012, Dotcom gave his first interview to New Zealand media after his arrest to of. He said the services offered by his Megaupload site were not significantly different from comparable services using cloud technology such as or, and he has just been used as a scapegoat because of his involvement with hacking activities in the past. He explained the close ties of his case to that of in which the (DMCA) shielded YouTube from the infringement of its users and described his surprise when he was arrested without trial or a hearing. On US involvement in his arrest Dotcom says that he is a legitimate businessman who has been unfairly demonized by United States authorities and industry trade groups such as the. He blames former US President for colluding with Hollywood to orchestrate his arrest and has spoken out against his negative portrayal in the media.
In regard to the illegal spying conducted by GCSB, Dotcom said they were not spying to find out where he was. 'The GCSB was utilised to surveil all my communication in order to give the U.S. Government full access to all my communication, without the requirement of a warrant,' he said. In May 2013, Dotcom released a 39-page that links his prosecution to Hollywood studios. He states that the US government prosecuted him in return for contributions from the studios to President. He released the paper to coincide with the visit to New Zealand of, head of the, which oversees the FBI.New Zealand Prime Minister John Key added to speculation about Hollywood's role in October 2012 when it was announced he was going on a four-day visit to meet top studio executives. Key said the trip was intended to promote New Zealand as a good country to produce movies, but he was planning to meet with the (MPAA), which had described Dotcom as 'a career criminal'.
Using, Dotcom said that was 'responsible for the destruction of Megaupload & the abuse of my family'.In November 2013, senior journalist David Fisher published The Secret Life of Kim Dotcom: Spies, Lies and the War for the Internet. The book covers aspects of Dotcom's personal life and reveals that he fears for his life.
He is quoted telling a friend 'Don't just let it go', if he is killed as part of US allegations of copyright breaches associated with Megaupload. Other activities Following the in the United States, Dotcom launched a group called Young Intelligent Hackers Against Terrorism (YIHAT). He said that he had hacked Sudanese bank accounts belonging to Osama Bin Laden and offered a $10 million reward for information leading to Osama's capture on his now-defunct kimble.org site.Dotcom participated in a mock funeral procession for public broadcaster in downtown Auckland, on the day of its final broadcast. He had warmed to one of its more notable shows, Media7, for its championing of Internet freedom, and had been interviewed on the show at least once.In February 2012, released Lord of The Rings Medley, a music video funded by Dotcom.In August 2012, Dotcom released a song titled Party Amplifier as a sample of his upcoming album. Dotcom was already in the process of recording the album with friend and producer (who wrote Yes We Can for ) when he was arrested. Printz and Dotcom recorded more than 20 songs at 's in – one of which is called Mr President – an electronica protest against Barack Obama, who Dotcom believes was involved in shutting down Megaupload.In June 2012, Dotcom announced on the launch of, a new music streaming service to rival.
He announced in October 2012 that Megabox would launch on 19 January 2013, the first anniversary of the closure of Megaupload and the raid on his Auckland property. However, later said that Megabox would be launched a few months after Mega.On 2 November, Dotcom announced a new file storage service, similar to Megaupload, using the domain name me.ga. It was to be launched 19 January 2013, but the African state of, which controls the.ga domain, cancelled the me.ga name on 6 November 2012. The site has since registered the names mega.co.nz and mega.net.nz. The new file hosting service offers file encryption to enhance user privacy and security. As a result of this encryption, Dotcom and mega.co.nz will not know of the content of the uploaded data, allowing for the claim of to be made should new charges arise. In January 2013, Dotcom offered a $13,500 reward to anyone able to defeat the site's security system.Dotcom has been involved in the local community in Auckland.
In December 2012, he announced that he would be playing the part of Santa Claus in the play MegaChristmas, run by Auckland's Basement Theatre. In a local ceremony on the first of that month, he turned on the Franklin Road Christmas lights and delivered a speech before the display.On 4 September 2013, Kim Dotcom stepped down as director of Mega, and announced he was working on a music streaming service called Baboom. Dotcom says it will be more advanced than Megabox.On 10 September 2013, Dotcom announced that he would play 100 people in Call of Duty: Modern Warfare 3 at New Zealand's first Digital Entertainment Expo, DIGITAL NATIONZ. The former world number one would play a mix of challengers from the audience who could win prizes for beating him, as well as play against celebrities for charities Y for Youth and.On 25 December 2014, Dotcom helped stop the Christmas attacks on Xbox Live and PlayStation Network by giving 3,000 $99 one year accounts which would then be converted to lifetime accounts worth approximately $300,000.On 22 May 2017, Dotcom posted a statement on his website saying that he had information relevant to the investigation into the July 2016. Dotcom said that he had proof that Rich was the source of the, and that he was willing to provide evidence if US could guarantee his safe passage from New Zealand to the United States.
Seth Rich's family issued a statement calling Dotcom's statements 'ridiculous, manipulative, and non-credible.' Also in 2017, the biographical documentary Kim Dotcom: Caught in the Web, directed by Annie Goldson, premiered at the. Discography Albums YearTitleDetailsPeak chartpositions2014. Released: 20 Jan 2014.
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