Dotcom: I won't sue NZ govt
UPDATE: Reacting to media stories today about possible compensation, Kim Dotcom tweeted yesterday afternoon, "Don't worry about us suing the NZ government & burdening Kiwi tax payers. The US government shall pay & puppets shall fall."
It was a more black-and-white statement than his September 26 tweet: "I prefer not to sue the NZ Government. We love it here & we don't want to burden tax payers. But it's time for diplomacy. This is all wrong."
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Government might be liable for huge compensation to Dotcom for $500m/year lost Megaupload income
Whether New Zealand might need to pay Mr Dotcom hundreds of millions of dollars if his arrest is found to be illegal could depend on what arrangements it has made with the United States government.
Speaking to TV3’s The Nation programme at the weekend, barrister and commercial litigation specialist Kenneth Johnston said the New Zealand Government gave an indemnity to Mr Dotcom to cover damages from the police raid if that was found to be illegal.
That raised the question as to whether the government could be liable to compensate Mr Dotcom for lost Megaupload income – estimated to be $500 million a year.
“If the New Zealand government was going to have to give an indemnity, it would look for a reciprocal indemnity from the United States government,” he said.
“But whether in fact that was sought, or whether it was obtained, I don’t know.
“The test will be whether a judge is prepared to accept that there is a causative link between a loss and the order made to enforce the American order in this country.”
Mr Johnston said it was rare for a country to find itself in this situation “because we aren’t asked every day to assist foreign authorities with the enforcement of their court orders”.
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Comments and questions35
The NZ taxpayer may have to pay millions yet again because of incompetent Government employees with most likely no consequences to the instigators in Security and Police. These people hold these unproductive positions only because they could not make it in the private sector .... the real money generators of the country. Sack them or this nonsense will continue until consequences match the crime.
Looks as if 3 people dislike the FACT that they should need sacking. There's definitely a shortage of rule books. What do you do on your computers all day, learn to read or forget to think? Or, perhaps think too much, David Collins QC?
This is just another example of the Bully boy tactics of America on a smaller country. The question is Do we bend over backwards and say yes sir everytime America says jump? or, Have we a backbone and tell America that this is NZ and we'll act on our own Laws? . The trouble is when you have a gutless PM who has memory fade over Dotcom and the GCSB and a yes man to the US, then the answer to both questions is sadly 1 YES 2 NO according to key
Sadly a massive law suit may be the only thing that makes all Politicains sit up, listen, think and then act lawfully into the future. Dotcom could cripple NZ taxpayers and so far as i am concerned so be it (yes I am a taxpayer) as the principle must be upheld and the lesson must be learnt.
The 'incompetent Government employee' in question is the prime minister you elected. The people who elected him and continue to support are as guilty as he is. I hope Kim Dotcom is compensated in full for his losses.
Sadly wouldn't have been handled differently by Labour or the Greens.
Mr Nelson,
Just so I'm clear on this, when the private sector is successful it's not the employees but the CEO who get's a massive bonus. When the public sector stuff's up the man at the top (aka John Key) is blameless and it's the employees who take the blame. Time to replace your blue tinted glasses I think!
The FBI and US government had 150 million dollars of Meguploads money and assets seized and frozen for which they will now do everything possible to have this all confiscated and not returned back BUT then Kim Dotcom could be compensated because of the Illegal spying etc. could get millions so if the intention by the MPAA was to shutdown Megaupload and seize all money etc. then they would have failed because money could now be given to Kim Dotcom which could cover all money seized and lost etc. in compensation and he would start all over again. The MPAA, US government and FBI have screwed up big time over this. This all gets better and better for Kim Dotcom.
I've gotta defend the NZ govt. a bit. They were acting on the assumption that the US govt. was acting in good faith. Sadly, they were not. Which is often the case anytime the MPAA or RIAA are involved. NZ conducted the bad acts but at the request of the US. We here in the states should bear the burden if reimbursement because we elected the fools that started this mess.
The US went to war in Iraq based on weapons of mass destruction.
When has the US ever done anything in good faith??
the NZ government shouldn't of been acting on any assumptions and should of got the facts straight beforehand. But instead they act in their own interests first and when it comes to any form of accountability they start the blame game and get away with it completely.
Good on u Mr dot com.go hard bro.country is out of touch with life.you are showing place up for what it is with out even trying.
So why don't the both of you do us all a favour and just get the 'ell out of NZ?
Another breathtaking missive from JM as he continues to paint himself into the corner.
Kim Dotcom for Mayor !
Post your mailing address here, and I'll send you a one way ticket to the US too. We don't need your kind here in NZ either
Someone's undies are too tight!Freedom of speech eh J.M.? Nothing like the Speech Police.I'll take one of those tickets to,please.
Richard said: " I'd like to see him sue and give away all but his costs to Starship or similar. He needs to sue for huge dollars so that no fools in power in the future ever run rough-shod over citizen's rights ever again. The message to our leaders has to be very loud and very clear and not something quickly forgotten. There is a very serious principle at stake here." In response to the linked article, and there were 6 dislikes of that comment. I wonder why the dislikes? Who would you be and what do you aim for? If you are overseas, Starship is the main children's hospital in New Zealand. I would feel more assured if Dotcom was administering funding of their needs than certain others in control of resources!
Keys easy ride Mr Good guy is over.Dog tucker next election this fiasco an christchurch voters will make that happen
I say that given the amount of trouble that Dotcom has caused to this country, the sooner he is extradited to stand trial for his alleged crimes in the United States, the better. The man is clearly nothing but trouble and we have far more important things to be addressing in this country than who told what to whom, what did whom say and when did who say what.
Yop aint seen nothing yet if you think you have seen trouble. Wait till you have to dob in your share of tax for reimbursing and compensating the man for all the illegalities perpetrated on him by a bunch of inept agencies working for the Hollywood moguls Key is playing suck up to.
To : Anonymous
yep , you are right , lets get rid of him , we dont want rich and spoiled immigrants . Unfortunately , our government doesn't share your opinion , because we need foreign cash and we need it because my country , NZ that is, spend about $ 9.000.000.000 e year ( nine billion ) only for various work and income benefits .
But you are right , we tell immigrants - give us your money but you don't come
So you condone NZ Govt breaking the law and using helicopter gunships etc to sieze and destroy a NZ resident's business and personal property, without any legal authority and extant in law? Who do you work for? The PM?
extradition treaties exist for a valid reason. If he genuinely broke the law then he should be extradited. This is how it works folks. Either put up or shut up. Either way lets offer Kim Dot Com an airfare home
Exactly right, Anonymous, and your twin before you. Extradition treaties exist for a purpose and that is why we are attempting to find out why the treaty is being pissed on by lobbyists, and who is aiming at gaining what out of it, and for what purpose, seeing as copyright law is deliberately weak within US so these so-called creators can get away with stealing others' works within their copyrighted revamps
Anonymous is right . Tell the immigrants , we need your mioney , because we spend 9,000.000.000 ( nine billion dollars ) every year to dole people , but you don't come , ey Anonymous ?
Americas two most wanted men Kim.Com holed up in NZ and Julian Assange holed up in an Equadorian Embassy. Whats the common denominator?
Common denominator is America's obsession with global control. That was easy wasn't it.
NZ & Ecuador (and yes I CAN spell unlike Bill and most of the other commenters here) are both third world countries with an overinflated sense of their own importance in the world, and fragile national egos too boot.. As we have all seen President Rafael Correa is not the only one backtracking, ducking and diving. Talking of common denominators, there is another one to be identified in these comments ... IMHO Inspector Harold Francis Callahan had the last word on opinions ... and a clear inference as to their content!
Interesting how the US invented the internet and now its a monster it can not control. Its invention has unleashed a creative, human spirit that it is powerless to control. To attempt to do so, will be a hiding- to- nothing for them.
Well at least Dotcom isn't asking for taxpayer hand-outs just to locate his business here like James Cameron.
The contrast between the old guard, good old boys club and the new tech. innovators couldn't be clearer .... right down to the greying hair and inability to conceptually grasp the new technologies.
Dotcom has not , and probably never will, create any significant employment in NZ, or contribute to the NZ economy. James Cameron is supporting hundreds, if not thousands of creative New Zealanders in the film/technolgy industry.
I have to laugh at the people with the "Kim Dotcom has caused so much trouble - get rid of him" mentality.
Firstly - I bet all of these people are single. Single minded person that does not see underlying causes to anything and refuse to see the other persons view.
Do some research you uneducated lot. All the trouble has come out from the Kim Dotcom case has not come from his side. He and his business have done nothing but comply with the law.
Yes, the extridition treaty exists for a reason, but again - do some research - they took everything away from this guy without producing a single bit of evidence, for a Hong Kong based company that complied with the law, the US have no duristriction to take down.
I have the same view as one other guy - Kim needs to sue NZ Govt, take them to the cleaners, then put 90% of the money back in NZ organisations that need it.
Only then will the Government learn a lesson from this.
Dotcom seems to be the only one who has put the "Fear of God " into Key,has him on the hop,exposed our woeful police force,spy network.Labour,Greens,NZ First have all been of no consequence so far.Go,Dotcom,brings these political low life to account.You have done us a huge favour,you should be knighted,at least you would deserve it.
I can't see anything that NZ did that impacted on the revenue that Megaupload was making for Dotcom.
There maybe a number of things that he may well complain about here in NZ, but his arrest in NZ was not the cause of Megaupload being stopped.
I am sure he had staff who could well have continued running the site if others had not stepped in.
I am also quite sure that the NZ Police were sold a bill of goods over this arrest, which did lead to both over reaction and errors, but they did not lead to megaupload being closed down.
hey guys just wanted to say one thing. It's not time wasted on something like this. It's bigger than what it seems. It's a David and goliath in my opinion. One man vs a country of bullies. I live stateside and the things that the government does are just awful sometimes. There needs to be a little fight back and if nobody did it then soon América will rule the world. I, for one, am against a one world government. América doesn't even follow its own laws. I'm going to bed now. like or dislike but hear me out.