FOR IMMEDIATE RELEASE
After nearly 15 years of unresolved allegations, Dotcom presents evidence that the case should be tried in New Zealand and that recent U.S. Supreme Court precedent undermines the core theory of liability
AUCKLAND, New Zealand — October 12, 2026 — Internet entrepreneur Kim Dotcom today released a detailed compilation of legal, factual, and contextual analysis regarding the long-running United States prosecution of Megaupload and its principals. The material, assembled after extensive legal work and independent research, documents unlawful surveillance by New Zealand’s Government Communications Security Bureau (GCSB), judicial conflicts of interest on both sides of the Tasman, close alignment between Hollywood interests and government action, and a recent unanimous U.S. Supreme Court decision that strengthens the defense on secondary copyright liability.
The 2012 Raid and Unresolved Allegations
On 20 January 2012, approximately 70 New Zealand police officers, including members of the armed Special Tactics Group, raided Dotcom’s Coatesville residence at the request of the United States. Property and accounts were seized and Megaupload was shut down. U.S. prosecutors allege racketeering, copyright infringement, and money laundering, claiming US$500 million in losses to rights holders. After nearly 15 years, the case remains allegations without a conviction.
“Megaupload was a storage service. Users, not the company and not I, were responsible for uploads,” Dotcom stated. “The U.S. Supreme Court agreed in the Cox case unanimously in 2026 that mere knowledge of infringement and failure to terminate accounts is not enough for secondary liability. Liability requires intent—inducement or a service tailored to infringement. Megaupload had clear terms that prohibited copyright infringement, required users to confirm those terms with every upload, maintained a designated agent for takedown requests, and gave more than 150 copyright holders, including every major Hollywood studio, direct delete access to our servers.”
Unlawful Surveillance and Judicial Issues
GCSB Interception and Government Admissions
The GCSB intercepted Dotcom’s communications despite his protected residency status. The New Zealand government later admitted the surveillance was unlawful, and former Prime Minister John Key issued an apology while continuing to claim he knew nothing. A High Court judge initially held the search warrants invalid and the copying of seized data for the FBI unlawful. While a Supreme Court majority later upheld the warrants, the export of cloned data and the GCSB interception remained unlawful. A 2024 Inspector-General report found that the GCSB hosted a foreign signals system from 2013 to 2020 without informing its minister.
Questions Around the Judges
The original New Zealand extradition judge, David Harvey, an expert in internet and information-technology law, stepped down in July 2012 after remarking at a conference about U.S. copyright rules and the Trans-Pacific Partnership: “We have met the enemy and he is US.” He was replaced by Judge Nevin Dawson. In the United States, Judge Liam O’Grady, who owned Disney stock through his wife’s account, was reassigned from the case because Disney was an alleged victim. O’Grady had previously served as a National Security Judge on the FISA Court. His successor was also a National Security Judge.
Hollywood Alignment and New Zealand Incentives
White House Meetings and Industry Access
The analysis documents a July 27, 2011 White House meeting between then-Vice President Joe Biden and senior Hollywood executives focused on intellectual property enforcement and expanding U.S. film access in China. Attendees included Chris Dodd (then Chairman and CEO of the Motion Picture Association), Barry Meyer (Warner Bros.), Brad Grey (Paramount), Ronald Meyer (Universal), and Rich Ross (Disney). Public records and reporting also show a December 9, 2011 Oval Office lunch between President Obama and Chris Dodd, roughly six weeks before the Megaupload raid. On October 4, 2012, Dodd raised the Dotcom/Megaupload matter with John Key at a private dinner in Los Angeles hosted by James Cameron and Jon Landau during Key’s visit promoting New Zealand as a film location.
The Prosecutor’s Background
Neil MacBride, the U.S. Attorney for the Eastern District of Virginia who oversaw the Megaupload prosecution, previously served as Vice President for Anti-Piracy and General Counsel of the Business Software Alliance and as Chief Counsel to then-Senator Joe Biden on the Senate Judiciary Committee.
Safe Harbour, Dual Criminality, and the Path Forward
New Zealand’s Safe Harbour Provision
Section 92B of the New Zealand Copyright Act provides a safe harbour from criminal liability for internet service providers when users infringe copyright “without more.” The New Zealand Supreme Court accepted that Megaupload was an internet service provider but held that the safe harbour did not apply because of alleged additional conduct. The phrase “without more” is not defined in the Act. Dotcom’s team notes that the recent U.S. Supreme Court decision in Cox Communications v. Sony Music Entertainment raised the bar for secondary liability and that it is reasonable to revisit the New Zealand courts’ application of Grokster-style reasoning in light of that ruling. If the safe harbour applies, the dual-criminality basis for extradition on pure copyright counts would be significantly weakened.
Sentencing Disparities and Fairness Concerns
Co-defendants Mathias Ortmann and Bram van der Kolk, prosecuted in New Zealand, received sentences of under three years and served 10 months. Possible U.S. sentences range from 30 to 150 years. Dotcom has suffered a stroke and has lived under the cloud of unresolved allegations for nearly 15 years. He maintains that any case should be tried in New Zealand.
“Accountability and extradition are not the same thing,” Dotcom said. “Five Eyes data sharing, weak Bill of Rights supremacy, political appointment of judges, and a Privileges Committee drawn from the governing side leave New Zealanders without effective privacy and government accountability. A direct-democracy constitution would put the rights of New Zealanders above foreign requests.”
Additional Matters Covered
The full compilation also addresses an email from Motion Picture Association executive Michael Ellis stating that Prime Minister Key would extradite Dotcom; Dotcom’s subsequent Official Information Act request that was declared “vexatious” by the Attorney-General (a decision later overturned through multiple successful challenges); redacted police files; and other matters including John Key’s post-office director compensation at Palo Alto Networks.
Dotcom concluded with a direct message regarding the future of the case and related geopolitical issues, reiterating his willingness to appear on any platform to discuss the matter.
About Kim Dotcom
Kim Dotcom is a German-Finnish internet entrepreneur and the founder of Megaupload, one of the world’s largest file-hosting services before its 2012 shutdown. He has resided in New Zealand since 2010 and has been the subject of a protracted U.S. extradition request. He has consistently maintained that Megaupload operated as a lawful storage service with robust copyright compliance mechanisms and that the prosecution is driven by political and commercial interests rather than the rule of law.
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