The efforts of the United States of America to extradite Kim Dotcom and three other Megaupload executives have been a hot topic in the media for some six years now. Yet, for all this publicity, comparatively little light has been shed on the intricate legal issues at stake, which have implications well beyond the current case, not only for the law of extradition but also for copyright law including the liability of Internet Service Providers (“ISPs”) for copyright infringement.
In February, the Court of Appeal heard an appeal by the four extradition respondents in what are generically known as the Dotcom proceedings. They have appealed against findings of the District Court, confirmed by the High Court, that they are “eligible for surrender” to the United States in order to face trial for charges arising out of alleged criminal copyright infringement. [Read more…]