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Dotcom could be breaching bail when he launches Mega

US procecutors yesterday renewed a veiled threat to lay more charges against Kim Dotcom if Sunday's Mega launch goes ahead.

During an interview with Bloomberg on Friday NZ time, a spokesman for US Attorney Neil H MacBride referred the news agency to a statement Dotcom made in February to a New Zealand court, when he pledged not to resurrect the Megaupload site. 

Specifically, Dotcom - who was arrested on January 20, 2012, and held in custody until February 22 - signed a bail affidavit that pledged, in part

It is likely that users would consider any new iteration of Megaupload as inherently unreliable as it could be subject to a further incident in which the US government takes action to close the site down and thereby prevents users from having legitimate access to their data.

Moreover, the entrepreneur told the court he could not reanimate Megaupload even if he wanted to. Another section of the affidavit read:

There is no realistic prospect or possibility of restoring the business or recommencing the business having regard to both the seizure of the requisite servers and data storage equipment and to the seizure of all funds, monies and assets held both by Megaupload and by me personally.

If it is decided Dotcom has breached bail, that could lead to his arrest and potentially going back into custody.

But the US Department of Justice has hinted at new charges if Dotcom goes back into the file sharing business.

In an October filing (against the latest attempt by Dotcom's US lawyer Ira Rothken to get the Megaupload case thrown out), the DOJ included the statement:

If defendant Dotcom intentionally misled the court in New Zealand about his intentions and capabilities in order to obtain his release from pre-extradition confinement, it seems Defense Counsel’s representation might endanger Dotcom’s bail situation or even subject him to additional charges.

That thinly veiled threat came on the heels of a Wired interview during which Dotcom first laid out plans for Mega in detail.

Yesterday, Mr Rothken categorically rejected that the DOJ would be able to lay new charges if the Mega launch goes ahead Sunday.

During a face-to-face interview with NBR ONLINE Friday, the San Francisco-based attorney - who is in NZ for the launch - emphasised that Mega's business plan had been scrutinised by a team of 20 lawyers. A document describing Mega had also been submited to one of the NZ judges involved in the case late last year. No counter submission had been made.

And in a follow-up email, he said:

Mr Dotcom is working in consultation with top notch NZ defense counsel on bail compliance.

Kim Dotcom is innocent, is presumed innocent, and is entitled to innovate and work in technology like any other innocent New Zealander especially when the US takes away all his assets and delays the extradition proceedings with Government illegality and countless appeals by the Crown (working on behalf of the US).

Neither Mr Dotcom’s bail conditions nor US law precludes him from engaging in a lawful business—including one that involves the Internet and technology.

The NZ Court and the Crown acting on behalf of the United States were provided last year by NZ counsel with written information regarding Mega and no legal objections were filed. Indeed, Mega may help stimulate further cloud storage innovation in New Zealand and the rest of the world and that should not be something the Crown or the DOJ, if well intentioned, should complain about. 

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Comments and questions
6

US prosecutors regards this matter would be well advised to remove their pursed lips off the buttocks of Hollywood and media players clearly calling the tune.
As for the spokesman for Neil MacBride who looks a complete moron for thinking we cant tell the difference between this new venture and Kim Dotcoms megaupload. We know Hollywood and the record industry illegally destroyed the business and its no wonder Dotcoms popularity across every kiwi demographic grows,
Kim Dotcom for mayor !

US prosecuting attorneys seem to be drunk on the smell of power ... or is it something more sinister, like would it be interesting to dig into their financial affairs and follow some money trails?

Good on him for getting a business going again and not being pushed over by the recording industries. Otherwise every postie and courier would be thrown behind bars for being a store and forward messenger that can also deliver advertising mail for profit. This world would be an awesome place if more people knew how to manage big money to innovate rather than use it to control artificial scarcity. Here's hoping ti re-shapes music delivery and gets more money back in the artists hands and wipes out the labels in between more.

The US is doing nothing to restore its image and reputation as a fair and reasonable country that regards individual freedom more important than the states, excepting national security, which Kim Dotcom does not threaten. Being perceived as the lapdog of Hollywood and the music industry will hurt those industries and the US far more than the alleged damage of Megaupload, and people have long memories. Hollywood and the music maestros have an increasingly poor reputation and the pubilicity surrounding the Dotcom case will encourage the development of alternatives. Best to back down with dignity while there is still time - Lance Armstrong!!

This is a complete red herring. His lawyers have run this by the NZ judges. It would seem given the history of illegal search warrants, refusal to follow court orders and failure to come up with any evidence when asked they have told him it's OK to go ahead.

Hey, you know who really is breaking bail?

The violent ones out there with gang patches raping and stealing .... how about them?

Helicopters? Dawn raids? Full LE enchillada?