Member log in

OPINION: Some friendly advice for Kim Dotcom

Dear Kim Dotcom,

I’m a fan. Like most fans, my admiration for you isn’t entirely rational. I don’t actually know whether you’re guilty of the internet crimes the American government accuses you of. You could be as guilty as sin for all I know. And your slate isn’t entirely clean. You’ve been convicted of computer fraud and embezzlement. But you’ve paid the price for those crimes and you’ve started a new life here in New Zealand.

When people ask me about the qualities that make up the average Kiwi, I tend to put "fair-minded" at the top of the list. We abhor injustice. So we didn’t like it when, having filed indictments against you and six others on criminal copyright infringement charges, the FBI started pushing us around and demanding your extradition to the States to face the (pirated?) music. As a small nation, we’re particularly sensitive to bullying.

And we liked it even less when our very own Keystone Cops, energised by the successful outcome of their Rambo exercises in the Ureweras, decided on an armed-to-the-teeth assault on you and your family’s home in Coatsville.

We weren’t too impressed either by your arrest, denial of bail, imprisonment for a month or the seizure by the Crown of almost everything you own. We’re addicted to that pesky legal principle that people are innocent until proven guilty. We hadn’t seen any real evidence of your guilt or, indeed, been acquainted with the specifics of the charges against you. And we still haven’t.

So I’m making an educated guess that last week’s finding by Justice Helen Winkelmann (bless her little cotton socks!) in the High Court that the raid on your mansion was illegal, the removal of cloned copies of your hard drives unlawful, and the warrants for the seizure of most of your possessions invalid, was greeted with joy unconfined across the nation.

And what really impressed me was that you didn’t crow about your victory. There’s no-one we admire more in Godzone than a self-effacing and modest winner.

But, oh dear, you didn’t keep it up. I can’t open a newspaper, turn on my TV or browse the internet now without seeing you hamming it up with friends in the pool, fronting protest marches, hanging out with Flight of the Conchords, being interviewed by John Campbell or tweeting to your 46,607 followers (as of this morning and including me).

You’ve joined the celebrity circuit. I see you described in this morning’s Herald as the "hero du jour". The phrase means "today’s hero", in much the same way that "flavour du jour" means "today’s flavour". There’s a warning there for someone said to be "a master of PR".

See, you had a couple of things really going for you – you’d been shamefully treated by the Americans and then by us, and you seemed to be a nice, funny guy. But your currency – the eccentricity, the stick-it-to-them attitude, the defiance of convention, the madcap behaviour – is in danger of being debased by over-use. A good rule in public relations is that less is generally more.

It must feel nice picking up 46,607 – probably more since I started writing – followers on Twitter in just over a week, when it’s taken the prime minister years to get only 5000 more than that. But I doubt that it had any effect on Justice Winkelmann’s decision or will have any effect on future court decisions either here or in the States. It’s a distraction, and not necessarily a helpful distraction in the long run.

I’m a fan. If you’re innocent of the charges made against you, nothing would please me more than to see you stick it to the bastards. It’s in that spirit, and as someone who knows a little about our national psyche, that I suggest you cool it just a bit until all the verdicts are in.  

Media trainer and commentator Dr Brian Edwards blogs at Brian Edwards Media

More by Brian Edwards

Comments and questions
39

Well put Brian - the mood, at least on the twitters, is very much in favour of Kim, but there's also a growing feeling that we're all being manipulated and turned into PR pawns... the kiwi psyche sure supports the underdogs, but it's a vicious punisher of those who try and manipulate us too...

You say, "It’s a distraction, and not necessarily a helpful distraction in the long run." A distraction to whom? Kim? If he is innocent, we will find out soon enough, and all this PR will mean that he goes on to do bigger and better things for himself and our collective freedom. Also, I think he is playing to a bigger, global audience and not just those in NZ. But he is also playing to the average kiwi, and I can't speak to that myself.

Don't underestimate the effect that public opinion has on a judge (in NZ or in the US). Although judges fancy themselves independent and impartial, they are human and we are all like underdogs and hate apparent injustice. There is a saying in the law that "hard cases make bad law." In other words, judges will bend over backwards (i.e., make bad law) to achieve the outcome they want (i.e., to favor the sympathetic party).

Personally, I think Kim should open his mansion and pool to more #SwimAtKims (not just at a public pool) because there is nothing more endearing than opening up your home to others. Periodic parties, with some lucky average folk, at the Dotcom mansion would be great PR. Maybe I would fly to NZ to to go swimming myself.

Oh, I also hope that Kim does not "cool it a bit." Maybe he is actually interested in Internet freedom and wants to lead us to a better future. A freedom fighter. Perhaps Kim is like Sam Adams. Yes, a freedom fighter. Maybe this isn't "PR."

I agree with your comment that the tweets are meant for a larger audience. Personally I'm from Europe (Denmark) where the Kim Dotcom case has far less media coverage that it does in NZ. I can see why there is a danger that Kim Dotcom would eventually suffer from "media fatigue" in NZ but I don't see it happening around here.

Personally I find it hard to believe that mr. Dotcom has been oblivious to the fact that a great share of the MegaUpload traffic was related to pirated films and TV shows. He is far too smart for that.

On the other hand I am fascinated by eccentricity of the character that is Kim Dotcom. The mansion, the cars, the Gumball thing, the cheesy misic videos, the computer gaming, the physical appearance, the beautiful family, the past and the present antics. This man radiates entertainment in a way that Hollywood can only hope to do these days.

Also, I admire his media strategy and I'm curious to see where all this will lead. He has had an impressive success so far in portraying himself as a human face fighting against the bloodsucking faceless lawyers, lobbyists, and politicians in the US. Of course, reality is less black and white, but he is really capturing the public imagination.

So yes, I'm viciously cheering for Kim. Although he is probably guilty to some extent.

Humans are totally irrational by nature.

I find it very odd that people's distain for what seems to be a dubious legal process, manifests as idolisation of a guy who faces serious charges which, in my opinion, more than warrant serious investigation.

I've had direct experience in attempting to get our copyrighted material removed from MegaUpload in the past, and know of others who have too. My personal opinion is MegaUpload was a largely unchecked cesspool of copyright infringement. To call it a legitimate file sharing service to me is disingenuous.

But whether he's guilty or not of criminal behaviour is an issue for the courts to decide. Morally, I have my views. Suffice to say, he's not the sort of person i'd want to associate with.

Well put, 'though a little too kind.
Me thinks if the guy is as innocent as he says he is, why then doesn't he accept the free trip to the US of A and prove it, sue NZ and the US for a trillion or two and live happily ever after?
Anybody know??

Dream on, Lets go stateside and take on hollywood media moguls and their government after they have impoverished you.Yeah thats a plan.

As the saying goes, "You can't sue city hall." Would be nearly impossible to get any money out of the US government in this case, even if he is proven innocent, much less "not guilty."

For someone that normally has good comments... this is just dumb and retarded viewpoint of what to do...

Maybe Dotcom thinks he won't get a fair trial in the States. Anyway, all this media hoo ha about whether the police overreacted and, in doing so, turning this into a simplistic story about an amiable, larger than life German David against a big, mean superpower Goliath using allegedly underhand tactics to haul in their fish, obscures the fact that Dotcom has a shady past and is happy to use pliable politicians and a star struck media to get what he wants. If he's innocent of the charges levelled against him he should go and defend himself. America has a sound legal system and with his wealth he could hire the best defence attorneys money can buy to plead his case.

read the articles you numbskull, the USA wont let him hire any good lawyers in the USA.

Correction: I mean to say that "we all like underdogs and hate apparent injustice." And a "hard case" is a case that a judge finds difficult to decide because letter of the law may contradict the decision he wants to make, so he makes up new (bad) law.

An additional note: If the MPAA/RIAA pull the same PR moves in the Dotcom case as they did with SOPA/PIPA in the US and ACTA in Europe, they will start to hire shills to post comments on articles such as this one. These shills will become easy to spot in some cases (just wait, you'll see them). They will also start a "grass roots" campaign against Kim (see CreativeAmerica.org).

And then you have people like me, who care so much about Internet freedom ("freetards") that we spend time commenting on articles instead of doing work. And then the pirates will start commenting.....

yes, you are spot-on! I always thought that 'John Morrison' was just such a hired 'shill' (though I doubt if he gets more than a dough-nut once in a while).

Mr Edwards summation was a comforting read as it explained exactly my own stance from the moment I read of the helicopters and storm trooper tactics by plod and all against a guy who was hardly hiding in the scrub chucking incendiaries nor submarining weed to Tasmania. How different it might have been if a few had breathed through their noses and sent the local community constable up the drive and invite those in attendance to a cup of tea and chat at the local station.
I also commend Mr Edwards for some sound PR advice albeit I take some delight in hearing of his recent antics we have to be aware that amongst those who struggle to understand a TV remote there are those who would hang the man.

Going by past bungled police ops, it was a marvel to hear that when their helicopter swooped in on Kim Dotcom's mansion, it didn't crash.

Mr Edwards shows his years in the media have not gone to waste, well done. Perhaps he can answer a question no one else seems to be able to, its called Twitter, and when your send a message its call a “tweet”, why is it not called a “twit” as it seems most of the published comments seen on twitter are made by twits

Is Brian touting for work???

As for Dotcom gloating.......you ain't seen nothin' yet!!!

Watch this space

The media commenting on the media appearance of an alleged media copyright infringer of BIG media property rights ... it's just about enough to make a Hollywood movie about I think. But then it might get pirated ... hmm time for a cup of tea and lie down Brian? These inter-tubes info sharing thing might have your head in a spin?

There is no media now, just information technology.

Look, Americans buy the law they want, then dash around like crazed cowboys or lynch mobs to enforce it. This range war over cloud computing is to be expected as the ground shifts under the feet of the music and film industry. Remember, these were the same guys who tried to block radio in the 1920s from playing records and have fought for 90 years to extract royalties that rarely reach writers or performers. This is a nasty range war being played out from the White House on downwards. Bush had his oily VP, Obama has his 'for hire' VP as well.

lets just boot the guy out so we can focus on stuff that really matters, after all the whole kim dot com thing is just a side show circus

Now you're talking, these geeks/freeloaders produce absolutely nothing to replace what they consume. .

This article and some of the comments supporting it seem to show up how easily conned some NZers are, including the NZ media, by the glitz of celebrity. The NZ media appears to dodge the questions of who Dotcom is, how he was so easily able to get NZ citizenship and how he accumulated his wealth, the latter of which is at the heart of the case against him by the US Government. Check out his history of fraud and embezzlement on his Wikipedia profile. He and his chums fail the citizenship/residency character test completely. Deport him.

I don't care how many kiwis we have to arrest to protect our intellectual property. Arrest one or all of them. We need to protect and save American jobs. We need to save and protect the culture we provide the rest of the world and ask for nothing in return but your money.

We need to make Dotcom and Richard O'Dwyer examples so that everyone will stop the sharing of our property once and for all.

All file sharing websites have an abuse/infringement report form that allows the copyright/IP owner to file a complaint against a certain file (see: DMCA).

Infact, Megaupload went one step further and opened up their servers to many of the movie studios and record labels to delete any file they wanted to, without delay, for infringing copyright law.

I agree. I need to take a step back & chill. But I'm no PR guru. This is just raw, unfiltered, transparent & honest me.

Du hast mich gefragt und ich hab nichts gesagt!!

Die NBR Kommentare Abschnitt ist verrückt genug, ohne dabei verschiedene Sprachen.

My intuition on the raid was right from the start. I'm glad I talked about it openly on Facebook as cross between Operation 8 and Hubbardgate, with a whole lot of Hollywood thrown in.

If you ever want to talk about Allan Hubbard, my partner and I are experts on the corruption that occurred there. It has changed our lives forever, so we have a glimpse of things. Glad things worked out better for you and your family Kim. Glad you are home and safe.

Also big guy remember that if you sue the NZ Government for millions for wrongful seizure of your property and compensation for loss of earnings and win (whcih you probably will) it's the NZ taxpayers that will end up footing that bill. Don't expect to have those same taxpayers as your supporters/followers. I expect you know that.

sounds like it's back to work tomorrow for you then gaz....

Cound be another venture for Liability Len to offer to fund from the ratepayers.

It would be a shame if Kim Dotcom restrained his naturally boisterous nature; we can do with some foolishness in our overly PC society.
liberte

Yeah, JM, when you are poor, it is time to hate the super rich, eh?

It's time to SPANK the YANK

Brian, Strong but well said. Kim DotCom needs to not over cook what he has going. Most in this country like to see anyone dealt with badly. But Kim needs to keep his security men behind him, not in front pushing people away. He should take a lead from the Guy family from Feilding, if he wants additional guidance on how to handle the media in difficult situations.

Oh I feel a twinge - right in the back!! the master of hypocracy.....speaks

If successful in extracting compensation, Dotcom would likely give a substantial amount to charity as is his usual style.

Free Dotcom...NZ police = Keystone Cops