From Torrent Freak:
The extradition hearing of Kim Dotcom and former colleagues Mathias Ortmann, Finn Batato and Bram van der Kolk, continued in the Auckland District Court today.
The quartet is fighting deportation to the United States on serious charges including conspiring to commit copyright infringement, conspiring to commit money laundering, and engaging in a racketeering conspiracy.
However, the court heard from the defense that the offenses don’t meet the criteria for the men to be sent to the United States.
Dotcom’s lawyer Ron Mansfield said the Crown, arguing on behalf of the United States, has been attempting to characterize the charges against the men as fraud, an extraditable offense.
However, he pointed out that the US Supreme Court previously ruled that copyright infringement can not be considered fraud. A key case, Dowling v. United States, is referenced in a white paper published by Kim Dotcom (pdf).
It’s important for Dotcom to make a clear distinction between copyright infringement and fraud. Mansfield says that all of the 13 charges against the Megaupload founder are underpinned by copyright infringement allegations.
Also muddying the waters is the fact under United States law one of the criminal copyright infringement charges brought against Dotcom has already exceeded its time limitations. The others, Mansfield said, are not aimed at his client and are dependent on other charges being proven.
“Categorically there is no case to answer under US law,” he said.
“Unless the United States can show an offense of criminal secondary copyright infringement in the United States…