NZ Herald
  • Home
  • Latest news
  • Video
  • New Zealand
  • Sport
  • All Blacks
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather forecasts

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Budget 2025
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
    • Cooking the Books
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • What the Actual
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

Dotcom: We've hit the jackpot

David Fisher
By David Fisher
Senior writer·NZ Herald·
23 Nov, 2012 04:30 PM5 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Kim Dotcom in a police cell after he complained of being assaulted by Special Tactic Group officers. Photo / Supplied
Kim Dotcom in a police cell after he complained of being assaulted by Special Tactic Group officers. Photo / Supplied

Kim Dotcom in a police cell after he complained of being assaulted by Special Tactic Group officers. Photo / Supplied

Indication of FBI double-cross coup in extradition fight, says internet mogul

A fresh legal bid to throw out the case against Kim Dotcom in the United States is being made after claims of an FBI double-cross.

Evidence has emerged showing the Department of Homeland Security served a search warrant on Mr Dotcom's file-sharing company Megaupload in 2010 which he claims forced it to preserve pirated movies found in an unrelated piracy investigation.

The 39 files were identified during an investigation into the NinjaVideo website, which had used Megaupload's cloud storage to store pirated movies.

When the FBI applied to seize the Megaupload site in 2012, it said the company had failed to delete pirated content and cited the earlier search warrant against the continued existence of 36 of the same 39 files.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

The details emerged after the US District Court in East Virginia allowed partial access to the FBI application which led to the shutdown of the Mega family of websites.

Other information from the case to emerge this week includes a collection of photographs from the day of the raid at Mr Dotcom's Coatesville property on January 20 this year. The High Court released the material after applications from the Herald.

Mr Dotcom said Megaupload co-operated with the US Government investigation into copyright pirates NinjaVideo and was legally unable to delete the 39 movies identified in the search warrant.

Mr Dotcom said: "We were informed by (the US Government) we were not to interfere with the investigation. We completely co-operated.

Advertisement
Advertise with NZME.

"Then the FBI used the fact the files were still in the account of the ... user to get the warrant to seize our own domains. This is outrageous."

He said the revelation was the first insight into the FBI's case against Megaupload and it showed bad faith on the part of the US Government. "Immediately we hit the jackpot - the first little piece of paper is this super-jackpot."

New Zealand's district court has ordered the FBI to provide documents relating to its investigation through an order for discovery. It was currently being appealed.

"I understand why the US is working so hard to appeal the discovery decision."

Discover more

New Zealand|politics

Dotcom mansion workers sought Key's support

20 Nov 07:03 PM
New Zealand|politics

Dotcoms seek extra cash for staffing

21 Nov 04:30 PM
New Zealand

Dotcom: Tui billboard 'derogatory' - ASA

23 Nov 06:48 AM
New Zealand|crime

Evidence conflicts with court records

23 Nov 04:30 PM

Mr Dotcom said the warrant obliged Megaupload to keep the files. It was among a string of legal requests from law enforcement agencies around the world.

"We have always co-operated. We have responded to takedown requests, we have been a good corporate citizen."

The FBI application to seize the sites said the "Mega Conspiracy" members were told by "criminal search warrant" in June 2010 "that 39 infringing copies of copyrighted motion pictures were present on their leased servers". The application was approved to allow the seizure of the domain names.

However, the application to seize the domain names, made on January 13, 2012, did not state the earlier search warrant was not issued against Megaupload.

Instead, the Department of Homeland Security application sought the help of Megaupload to track down files of interest in its investigation of NinjaVideo. The warrant application was by Special Agent William Engel and stated that the data storage company Carpathia "will work with its customer Megaupload to access content to provide in response to the search warrant".

The investigation was a success and saw its central figure Hana Amal "Queen Phara" Beshara sentenced to prison for 22 months and ordered to pay $256,000 of her illegally gained money to the Motion Picture Association of America - the same Hollywood lobby group blamed for pitting the FBI against Megaupload.

Advertisement
Advertise with NZME.

The access was granted after a bid by the Electronic Frontier Foundation on behalf of a Megaupload customer whose business files were lost when the cloud storage site was shut down.

Mr Dotcom's US-based lawyer Ira Rothken said he would ask the US court to return the Megaupload websites.

He said the discovery of the FBI's evidence of wrongdoing was part of a "trail of misconduct" stretching from the US to New Zealand which would ultimately lead to asking for the FBI charges to be dismissed.

"What we have uncovered, in our view, is misleading conduct. It looks like the Government wants the confidentiality because they would be concerned their conduct would be scrutinised."

The 39 files were not only used by NinjaVideo, according to the FBI affidavit. The Megaupload system identified files which were already on the system and kept only one copy of each. Unique weblinks were produced for each user providing multiple paths to the same file. The FBI indictment cited an email by Mr Dotcom's co-accused Mathias Ortman in which he said more than 2000 users had uploaded the 39 files.

A month after Homeland Security sought MegaUpload's help, NinjaVideo and a range of other sites were shutdown without warning. Coverage of the action led to Mr Dotcom emailing staff about the domain seizures, saying the manner of the US action posed "a serious threat to our business". He asked: "Should we move our domain to another country (Canada or even HK?)." The company, which has maintained it operated inside the law, stayed in the US.

Advertisement
Advertise with NZME.
Save

    Share this article

Latest from New Zealand

New Zealand

'Good movers': Former Silver Fern driven to cut injury risks as ACC claims rise

24 May 06:00 PM
New Zealand

'One hesitation and you're history': Plea to lower speed limit in Bay View

24 May 06:00 PM
New Zealand

Healing and life lessons from horses in Waikato

24 May 05:01 PM

The Hire A Hubby hero turning handyman stereotypes on their head

sponsored
Advertisement
Advertise with NZME.
Recommended for you
Why this ‘romantic’ NZ town is perfect for families
Travel

Why this ‘romantic’ NZ town is perfect for families

24 May 08:00 PM
Visiting India? Make sure you know these 10 things
Travel

Visiting India? Make sure you know these 10 things

24 May 07:00 PM
10 years after viral cancer speech, Jake Bailey is ready for his next challenge
Lifestyle

10 years after viral cancer speech, Jake Bailey is ready for his next challenge

24 May 07:00 PM
'Good movers': Former Silver Fern driven to cut injury risks as ACC claims rise
Bay of Plenty Times

'Good movers': Former Silver Fern driven to cut injury risks as ACC claims rise

24 May 06:00 PM
'One hesitation and you're history': Plea to lower speed limit in Bay View
Hawkes Bay Today

'One hesitation and you're history': Plea to lower speed limit in Bay View

24 May 06:00 PM

Latest from New Zealand

'Good movers': Former Silver Fern driven to cut injury risks as ACC claims rise

'Good movers': Former Silver Fern driven to cut injury risks as ACC claims rise

24 May 06:00 PM

Winter sports-related injury claims have consistently gone up over the past five years.

'One hesitation and you're history': Plea to lower speed limit in Bay View

'One hesitation and you're history': Plea to lower speed limit in Bay View

24 May 06:00 PM
Healing and life lessons from horses in Waikato

Healing and life lessons from horses in Waikato

24 May 05:01 PM
Premium
Letters: Te Pāti Māori hold Parliament in contempt

Letters: Te Pāti Māori hold Parliament in contempt

24 May 05:00 PM
Gold demand soars amid global turmoil
sponsored

Gold demand soars amid global turmoil

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • What the Actual
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven CarGuide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP
search by queryly Advanced Search