Kim Dotcom

Kim Dotcom

Kim Dotcom in 2013
Born Kim Schmitz
(1974-01-21) 21 January 1974
Kiel, West Germany
Residence Auckland, New Zealand
Nationality Finnish and German[1]
Other names Kimble, Kim Tim Jim Vestor
Education secondary modern school (en‑GB) / junior high school (en‑US)[2]
Occupation Entrepreneur
Years active 2005–present
Organization Megaupload; Mega
Known for Founder of Megaupload.com, Mega.co.nz and sister websites
Home town Kiel, Germany
Spouse(s) Mona Verga Dotcom (Separated in 2014)[3][4]
Children 5[5][6][7]
Website www.kim.com

Kim Dotcom (born Kim Schmitz;[8] 21 January 1974), also known as Kimble[9] and Kim Tim Jim Vestor,[10] is a German-Finnish Internet entrepreneur, businessman, musician, and political party founder who resides in New Zealand.[11] He first rose to fame in Germany in the 1990s as a self-proclaimed teenage internet entrepreneur. In 1994 he received a two-year suspended sentence for computer fraud and data espionage because he was underage, and received a similar sentence in 2003 for insider trading and embezzlement.[12]

Dotcom was the founder of now-defunct file hosting service Megaupload[12][13] but has subsequently been accused of criminal copyright infringement and a host of other charges, such as money laundering, racketeering and wire fraud, by the U.S. Department of Justice.[14] In January 2012, the New Zealand Police raided his home in Auckland and placed him in custody in response to the US charges. Dotcom was accused of costing the entertainment industry $500 million through unlicensed content uploaded to Megaupload which had 150 million registered users.[15] Dotcom has denied the charges, and is currently fighting attempts to extradite him to the United States.[16]

As part of his very public battle with the New Zealand authorities, Dotcom started and funded the Internet Party.[17] The party contested the 2014 New Zealand elections under an electoral alliance with the Mana Movement but failed to win any seats in the House of Representatives of New Zealand. On December 23, 2015 after numerous procedural court hearings that took over three years, a district court judge finally decided he could be extradited but Dotcom immediately appealed that decision.[18] The case is expected to drag on for years and end up being decided in the Supreme Court.[19]

Although legal action is still pending over Megaupload, in January 2013 Dotcom launched another cloud storage service called Mega. Mega uses encryption to prevent government or third-party "spies" from invading users' privacy.

Personal life

Kim Schmitz in 1996

Dotcom was born as Kim Schmitz in Kiel, West Germany.[20] His mother was Finnish[21] and so he holds a Finnish passport; he has siblings in Finland. His father was German. As well having an immigrant background, he also had a troubled upbringing.

He has been called one of the world's "largest tech entrepreneurs".[22][23] He changed his surname to Dotcom in 2005,[24] apparently in homage to the stock market bubble that made him a millionaire.[25] At the time, he was living in Hong Kong, where he set up Megaupload.

Prior to his arrest in New Zealand, he enjoyed a luxurious lifestyle. In 2001, his main source of income was a company called Kimvestor, which he valued at 200 million euros. He is known for spending his money on expensive cars and boats. On one occasion he spent $1 million chartering a 240-foot luxury yacht and moored it in Monte Carlo harbour during the 2000 Monaco Formula One Grand Prix and threw lavish parties for guests including Prince Rainier of Monaco.[26] According to U.S. officials, he owned at least 18 luxury cars – including a pink 1959 Cadillac[27] and three cars with vanity license plates that read HACKER, MAFIA, and STONED.[25] He has taken part in the Gumball 3000 international road rally: in 2001 in his Mercedes Brabus SV12 Megacar, and in 2004. In an interview on Belgian Television, he claimed that in Morocco a car was blocking him and he "had to bump him off the road. Nothing happened to him". He claims he subsequently found out it was the Chief of Police in a civilian car.[28]

He was granted permanent residence in New Zealand on 29 November 2010.[29] At the time his residency application was being considered, Dotcom had made charitable contributions in New Zealand and was planning a huge fireworks show for the city of Auckland at a cost of NZ$600,000.[30] He leased a NZ$30M mansion at Coatesville, in the electorate of John Key near Auckland, owned by Richard and Ruth Bradley, the British founders of Chrisco, and considered one of the most expensive homes in the country. He wanted to buy the mansion when the lease expired.[31]

Before his arrest in New Zealand, he was the world's number one-ranked Modern Warfare 3 player out of more than 15 million online players.[32] On 23 January 2012, he lost the position and dropped to number two.[33]

Dotcom married Mona Verga on July 10, 2009. He became the father of twin girls (his fourth and fifth children) when his wife gave birth in Auckland a month after he was released on bail from Mt Eden prison.[6] On 17 May 2014, Dotcom announced on Twitter that he was separated from his wife Mona and was filing for divorce.[34] Four days earlier, Mona had left her directorship positions in the Dotcom family's companies.[35]

Investigations

Germany

As a teenager, Schmitz acquired a reputation in his native Germany after having claimed to have bypassed the security of NASA, the Pentagon and Citibank under the name of Kimble – based on the character of Dr Richard Kimble in the long-running television programme The Fugitive.[12] He also claimed to have hacked corporate PBX systems in the United States and said he was selling the access codes at $200 each, bragging that "every PBX is an open door to me".[36]

In 1994, he was arrested by German police for trafficking in stolen phone calling card numbers. He was held in custody for a month, released and arrested again on additional hacking charges shortly afterwards. He was eventually convicted of 11 counts of computer fraud, 10 counts of data espionage, and an assortment of other charges. He received a two-year suspended sentence – because he was underage at the time the crimes were committed.[36] The judge in the case said the court viewed his actions as "youthful foolishness".[37]

In 2001, Schmitz bought €375,000 worth of shares of the nearly bankrupt company Letsbuyit.com and subsequently announced his intention to invest €50 million in the company.[38] The announcement caused the share value of Letsbuyit.com to jump[39] and Schmitz cashed out, making a profit of €1.5 million. One commentator suggested that Schmitz may have been ignorant of the legal ramifications of what he had done, since insider trading was not made a crime in Germany until 1995,[36] and until 2002 prosecutors also had to prove the accused had criminal intent.[40]

Thailand

Schmitz moved to Thailand to avoid investigation[12] where he was subsequently arrested on behalf of German authorities.[37] In response, he allegedly pretended to kill himself online, posting a message on his website that from now on he wished to be known as "His Royal Highness King Kimble the First, Ruler of the Kimpire".[37][41] He was deported back to Germany where he pleaded guilty to embezzlement in November 2003 and, after five months in jail awaiting trial, again received a suspended sentence, this time of 20 months.[40] After avoiding a prison sentence for a second time, he left Germany and moved to Hong Kong in late 2003.[12]

Hong Kong

Schmitz found Hong Kong to his liking and registered Kimpire Limited in December 2003, soon after moving there. He set up a network of interlinked companies, including Trendax, which he claimed was an artificial intelligence-driven hedge fund that delivered an annual return of at least 25%.[42] However, Trendax was never registered with Hong Kong’s Securities and Futures Commission and the company was legally not allowed to accept investments or to conduct trades.[23] Dotcom was subsequently convicted for failing to disclose his shareholding to the Securities and Futures Commission, and was fined HK$8,000.[30]

Move to New Zealand

While living in Hong Kong, Dotcom visited New Zealand for 10 days in December 2008 and again for two months from August 2009. On his 2009 visit, he bought 12 cars, valued at $3.2 million, and leased a helicopter on a stand-by basis.[43] He applied for residency and received it in November 2010. Immigration New Zealand made its decision on his application (despite his foreign convictions and despite his persona non grata status in Thailand) after officials used a special direction to waive "good character" requirements. Warwick Tuck, head of Immigration New Zealand, said that New Zealand granted Dotcom residency under the "investor plus" category, which allows people to gain residency if they invest $10 million in New Zealand.[44] It was anticipated that Dotcom would contribute to New Zealand through investment, consumption and philanthropic activities – he has given $50,000 to the mayoral fund following the Christchurch earthquake, another $50,000 to a rugby player who was left in a wheelchair after an on-field injury and funded a $600,000 fireworks display in Auckland harbour.[43] Mr Tuck says Dotcom disclosed his previous convictions and these had been considered;[44] they occurred more than 16 years earlier and did not involve harming anyone. Dotcom also told Immigration New Zealand his convictions had been "erased" from his record under Germany's clean-slate legislation.[45]

Despite granting him residency, Immigration New Zealand expressed concern that their decision might attract criticism that they had allowed Dotcom to buy his way into the country, and officials tried to keep it secret. Officials red-flagged his application: "We are requesting that this application be kept as confidential as possible to avoid further media speculation or attention."[43] Dotcom's residency status subsequently became the subject of intense media speculation when it came to light that Auckland Mayor John Banks had become involved, and that New Zealand's intelligence services had illegally spied on him (see below) – which they were not allowed to do because he had residency.

Two months after New Zealand granted him residency, Dotcom was convicted in Hong Kong on several counts of failing to disclose his shareholding levels and fined 8000 Hong Kong dollars. Immigration New Zealand officers judged the convictions too minor to consider deporting him.[30]

In October 2014, it became public that on 10 September 2009, Dotcom had been caught driving at 149 km/h in a 50 km/h zone. He pleaded guilty to a charge of dangerous driving, and on 14 September 2009, was convicted under his former name of Kim Schmitz. The court fined him $500 and $130 court costs, and banned him from driving for six months. On his residency application of 3 June 2010, he answered "No" to the question, "Have you ... been ... convicted of an offence (including a traffic offence) committed in the last five years involving dangerous driving." Immigration New Zealand said it was looking into the matter, which raises the possibility that Dotcom could be deported.[46]

Involvement with Auckland mayor John Banks

John Banks met Dotcom when he was Mayor of Auckland. He asked Dotcom for help putting on a fireworks display in the city's harbour. Banks later attended a New Year's Eve party thrown by Dotcom at the city centre apartment of now bankrupt property developer David Henderson. He said it provided a great view of the fireworks display detonated over the Waitemata Harbour. Banks said he offered advice to the millionaire on how to apply for Overseas Investment Office permission to buy the Coatesville mansion Dotcom had been renting since coming to New Zealand.[45]

On 28 April 2012 Dotcom revealed he also donated $50,000 to John Banks' mayoralty campaign in 2010, and that Banks asked him to split the donation in two, allowing the Banks campaign to claim them as anonymous. In 2014, Banks was found guilty of filing a false electoral return, with evidence from Dotcom playing a major part in the case. Among Dotcom's revelations was a phone call from Banks, thanking him for the contribution.[47] Dotcom subsequently recorded a song titled Amnesia, which mocks John Banks' inability to remember the $50,000 donation.[48]

A poll in October 2012 found the New Zealand public had a more favourable view of Kim Dotcom than of Banks.[49]

Arrest and extradition proceedings

Megaupload.com's logo
Main article: Megaupload

In February 2003, at the same time he registered Trendax, Dotcom set up another company called Data Protect Limited, but changed the name to Megaupload in 2005.[42] Megaupload was a file hosting and sharing online service in which users could share links to files for viewing or editing. In 10 Facts about the Megaupload Scandal, Dotcom describes the company like this: "Megaupload is a provider of cloud storage services. The company’s primary website, Megaupload.com, offered a popular Internet-based storage platform for customers, who ranged from large businesses to individuals. This storage platform allowed its users to store files in the Internet “cloud” and to use, if needed, online storage space and bandwidth." The company was successful. However, millions of people from across the globe used Megaupload to store and access copies of TV shows, feature films, songs, porn, and software.[50] Eventually it had over 150 employees, US$175 million revenues,[51] and 50 million daily visitors.[52] At its peak Megaupload was estimated to be the 13th most popular site on the internet and responsible for 4% of all internet traffic.[52][53]

On 5 January 2012,[54] indictments were filed in Virginia in the United States against Dotcom and other company executives with crimes including racketeering, conspiring to commit copyright infringement, and conspiring to commit money laundering.[55] Two weeks later (20 January), Kim Dotcom, Finn Batato, Mathias Ortmann and Bram van der Kolk were arrested in Coatesville, Auckland, New Zealand, by New Zealand Police, in an armed raid on Dotcom's house involving 76 officers and two helicopters.[56] Assets worth $17 million were seized including eighteen luxury cars, giant screen TVs and works of art. Dotcom's bank accounts were frozen denying him access to US$175m (NZ$218m) in cash, the contents of 64 bank accounts world-wide, including BNZ and Kiwibank accounts in New Zealand, Government bonds and money from numerous PayPal accounts.[57]

Dotcom was remanded to Mt Eden Prison. He subsequently reported: "The first night I didn't have a blanket, soap, toothpaste or toilet paper. They didn't provide us with the basic things... Every two hours, they would wake me up. I was deprived of sleep. I wrote a complaint. I said, 'This is torture, this is sleep deprivation'." He said he was treated like a convicted criminal and was "stunned to be locked up in prison over claims of criminal copyright infringements when accused murderers were bailed to await trial".[58] On 22 February, North Shore District Court Judge Nevin Dawson overturned previous rulings and released Dotcom on bail. The judge considered there was no longer a significant risk that Dotcom would flee the country as all of his assets had been seized by this time, no new assets or bank accounts had been identified, and he had “every reason to stay to be with his family and fight to keep his assets.”[59]

High Court

On 28 June 2012, Dotcom had another victory in the High Court of New Zealand when Justice Helen Winkelmann found that the warrants used to seize Dotcom's property were illegal, because they were too broad. "These categories of items were defined in such a way that they would inevitably capture within them both relevant and irrelevant material. The police acted on this authorization. The warrants could not authorise seizure of irrelevant material, and are therefore invalid."[60] News emerged later that the Crown knew it was using the wrong order while the raid was in progress and Dotcom should have been given the chance to challenge the seizure.[61] The Crown also revealed that police had handed seized hard drives to FBI staff who copied them at the police crime lab in South Auckland and sent the copies back to the US.[61] Justice Winkelmann ruled that handing the hard drives seized in the raid to the FBI was in breach of extradition legislation and the FBI’s cloning of the hard-drives was also invalid.[60]

Declaring the search warrants to be invalid was a significant victory for Dotcom because he was struggling to pay his mounting legal bills. At a hearing in the High Court on 28 August 2012, Justice Judith Potter allowed Dotcom to withdraw approximately NZ$6 million (US$4.8 million) from his seized funds. He was also allowed to sell nine of his cars. The amount released was to cover $2.6 million in existing legal bills, $1 million in future costs, and another $1 million in rent on his New Zealand mansion.[62]

Court of Appeal

In May 2012, a district court judge ruled that the FBI should hand over all its evidence against Dotcom relating to the extradition bid. The Crown appealed, but the ruling was upheld by the High Court. The Crown appealed again and in March 2013, the Court of Appeal quashed the previous court decisions. Crown lawyer John Pike, on behalf of the US Government, argued that the district court had no power to make disclosure decisions in an extradition case and that "disclosure was extensive and could involve billions of emails". The Court of Appeal agreed stating that extradition hearings were not trials and the full protections and procedures for criminal trials did not apply. Dotcom's lawyer, Paul Davison, QC, appealed to the Supreme Court. In May 2013, the Supreme Court agreed to hear the case, so it will make the final decision on whether Dotcom should receive all the FBI investigation files before the extradition hearing.[63]

A series of subsequent court decisions delayed every attempt to hold a hearing focused on extradition. In March 2013, Dotcom won a Court of Appeal ruling allowing him to sue the GCSB,[64][65] rejecting the attorney-general's appeal against a ruling in December 2012.[66][67] A month later, Dotcom appeared in court again, seeking compensation from police over the raid on his house, which earlier had been deemed illegal.[68]

Supreme Court

In February 2014, the New Zealand Court of Appeal deemed the raids on Kim Dotcom to be legal but not the FBI's taking of information.[69] Dotcom appealed this decision to the Supreme Court. In December four of the five judges agreed with the Court of Appeal that the raid was legal and ordered Dotcom to pay $35,000 costs. Chief Justice Sian Elias dissented, saying there had been a miscarriage of justice as the search warrant was too broad.[70]

A month before the Supreme Court decision, Dotcom's legal team quit after he had spent $10 million on his defence, financed the Internet Party, but then ran out of money. When the US tried to have his bail revoked, a new lawyer, Ron Mansfield, helped keep him out of prison.[71] In December 2014, events took another turn when the High Court in Hong Kong ruled that the United States "did not have a clear path to serve a legal summons on Dotcom's filesharing company" and he could take a case to get back $60 million seized by authorities there. In making this decision, Judge Tallentire said, "No one can say when that process of extradition will be completed given the appeal paths open to the various accused. Indeed, no one can say if it will ever be completed".[72]

Political fallout

Since Dotcom was arrested by the New Zealand police in January 2012, he has had an ongoing dispute with Prime Minister John Key about when Mr Key first became aware of Dotcom. Dotcom argued that Mr Key was involved in a plan to allow him into New Zealand so that he could then be extradited to the US to face copyright charges. Mr Key has consistently said he had never heard of Dotcom until the day before police raided his mansion in Coatesville.[73]

Apology for illegal spying on Dotcom

On 24 September 2012, Mr Key revealed that, at the request of the police, the New Zealand Government Communications Security Bureau (GCSB) had spied on Dotcom, illegally helping police to locate him and monitor his communications in the weeks prior to the raid on his house.[74] The GCSB are not allowed to spy on New Zealand citizens or permanent residents; Dotcom, though not a citizen, had been granted permanent residency. Three days later, the Prime Minister John Key apologized for the illegal spying. "I apologize to Mr Dotcom. I apologize to New Zealanders because every New Zealander…is entitled to be protected from the law when it comes to the GCSB Government Communications Security Bureau, and we failed to provide that appropriate protection for him."[75]

In December 2012, Chief High Court judge Helen Winkelman ordered the GCSB to "confirm all entities" to which it gave information sourced through its illegal spying. This opened the door for Dotcom to sue for damages – against the spy agency and the police.[76] The Crown appealed but in March 2013, the Court of Appeal upheld the High Court's decision.[77][78]

Media reaction

The mistakes by authorities have attracted widespread media coverage and John Key's handling of the affair has been criticised by opposition parties in Parliament. Political commentator Bryce Edwards said the GCSB's involvement and the botched search warrants have "turned the pursuit of (Dotcom) and the operations of our law-enforcement agencies into the stuff of farce". A Waikato Times' editorial said that the announcement of the illegal spying has "heightened suspicions that this country's relationship with the United States has become one of servility rather than friendship... It is preposterous to suggest Mr Dotcom threatens our national security. The Government's unquestioning readiness to co-operate with American authorities seriously corrodes our claims to be an independent state."[79] Sunday Star Times commentator Richard Boock compared the Dotcom saga to Watergate and suggested it may eventually 'bring down' John Key.[80] The story has also made headlines overseas including in the Wall Street Journal,[81] New York Times,[82] The Guardian,[83] and the Hollywood Reporter[84] which specialises in legal and entertainment issues.[85]

Dotcom's involvement in New Zealand politics

Dotcom at a political rally held by the Internet Party and Mana Movement

In September 2013, Dotcom revealed he aspired to enter New Zealand politics.[86] On 27 March 2014, Dotcom founded the Internet Party.[87][88] In May 2014, it was announced that the Internet Party would form a political alliance with the Mana Party,[89] led by local activist and sitting Member of Parliament Hone Harawira. The deal was brokered to serve the Mana Party financially, with the combined structure's political campaign in the 2014 general election being primarily funded by Dotcom. In contrast, the fledgling Internet Party was to benefit from the possibility of seats in parliament in the event that the combined structure were to achieve a greater percentage of the country's vote, helped along by the Mana Party's existing seat. Due to his citizenship status, Dotcom was ineligible to become a member of parliament,[90] and Laila Harré, a veteran of left-wing politics and trade unions, was chosen as leader of the Internet Party.[91]

The Moment of Truth

Kim Dotcom and others at a press conference after The Moment of Truth
Problems playing this file? See media help.

On September 16, 2014, Dotcom held an event in the Auckland Town Hall five days before the election in which he promised to provide 'absolute proof' that Key knew about him long before he was arrested.[92] The event was billed as the 'Moment of Truth' and included the release of an email dated October 27, 2010 from Kevin Tsujihara, the chief executive of Warner Bros to a senior executive at the Motion Picture Association of America - the lobby group for the Hollywood studios. The New Zealand Herald, which broke the story, contacted Warner Bros., who said the email was a fake.[93]

In the 2014 general election, the joint Internet Party and Mana Movement failed to win any seats. Dotcom, who was not a candidate because he is not a New Zealand citizen,[94] sank $NZ3.5 million dollars into the Internet Party, the largest personal contribution to a political party on record in New Zealand, according to the national Electoral Commission.[95] "I take full responsibility for this loss tonight," Dotcom told reporters as election results became clear, "because the brand—the brand Kim Dotcom—was poison for what we were trying to achieve".[96]

The media criticised Dotcom for 'failing to deliver' at the Moment of Truth after claiming for three years he could prove John Key had lied in relation to his copyright case.[97][98] After the election, in which the Internet Mana alliance failed to win a seat, public support for Dotcom seemed to dissipate. Dotcom said in January 2015 he had become such 'a pariah' in New Zealand that he might as well leave the country.[99]

Extradition

After three years' legal wrangling, involving two supreme court cases and 10 separate delays in the proceedings, extradition proceedings finally got underway in an Auckland court on 21 September 2015. Because of his size and weight, Dotcom was allowed to have an ergonomic, specially designed chair brought into the courtroom.[100]

The wrangling continued at the hearing with Dotcom and his colleagues claiming they were unable to present a proper defence because the US had threatened to seize any funds they try to spend on international experts in internet copyright issues.[101] Dotcom's American lawyer, Ira Rothken, said they would need about US$500,000 to get evidence from the appropriate experts.[102] Harvard Law professor Lawrence Lessig, an international expert in copyright and fair use, provided his written opinion for free. He said there were no legal grounds to extradite Dotcom and the allegations and evidence made public by the US Department of Justice "do not meet the requirements necessary to support a prima facie case that would be recognised by United States federal law".[103]

Once the hearing finally got under way, Crown prosecutor Christine Gordon QC, on behalf of the US Government, called it a "simple scheme of fraud".[104] Defence Lawyer Ron Mansfield's 300 page submission began with the argument that the case should be thrown out because the United States Supreme Court ruled in a parallel case in 1982 that copyright infringement was a civil matter and could not be prosecuted as criminal fraud.[105]

The Crown also made numerous references to intercepted Skype conversations between Dotcom and his co-defendants. Christine Gordon claimed one message written by Dotcom, when translated from German, read: "At some point a judge will be convinced about how evil we are and then we are in trouble." Mr Mansfield said this sentence was used repeatedly by Ms Gordon during her submission "with the knowledge that it would make international media headlines". Mansfield had the passage translated by three independent academics who said it had a very different meaning and should read: "At some stage a judge will be talked into how bad we allegedly are and then it will be a mess."[106]

On the 23rd December 2015, North Shore District Court Judge, Nevin Dawson, announced that Dotcom and the three other Megaupload co-founders were eligible for extradition. He said the US had a "large body of evidence" which supported a prima facie case.[107] An immediate appeal was lodged by Dotcom's lawyer.[19][108]

Dotcom's perspective

On his early offending

In a lengthy article on TorrentFreak, Dotcom claims he was not guilty of insider trading in Germany. He said the judge and prosecutor offered him a suspended sentence if he pleaded guilty. "I took the deal and moved on with my life instead of spending the next few years in court rooms defending my innocence."[109] Commenting on his business activities in Hong Kong, he said: "Hong Kong, what an awesome place to do business and to host my new phantom persona. I should write a book about doing business in Hong Kong, that’s how good it is."

Dotcom also wrote: "I made mistakes when I was young and I paid the price. Steve Jobs was a hacker and Martha Stuart [sic] is doing well after her insider trading case. I think over a decade after all of this happened it should NOT be the dominating topic. I am 37 years old now, I am married, I have three adorable children with two more on the way (twin girls – yeah) and I know that I am not a bad person. I have grown and I have learned. Making this into an issue about my past is unfair to everyone else working at Mega. Our business is legitimate."[109] "We have spent millions of dollars on legal advice over the last few years and our legal advisers have always told us that we are secure and that we are protected by the DMCA, which is a law in the US that is protecting online service providers of liability for the actions of their users."[110]

On Megaupload

In regard to Megaupload, Dotcom says he believes the company had actively tried to prevent copyright infringement – its terms of service forced users to agree they would not post copyrighted material to the website. Companies or individuals with concerns that their copyright material was being posted on Megaupload were given direct access to the website to delete infringing links. Megaupload also employed 20 staff dedicated to taking down material that might infringe copyright.[58] Dotcom also explained that Megaupload was responsible for the transfer of 800 files every second and that it would be impossible to police all that traffic. In addition, US privacy laws, such as Electronic Communication Privacy Act, prohibit the administrators from looking into the accounts of the users.

On 1 March 2012, Dotcom gave his first interview to New Zealand media after his arrest to John Campbell of Campbell Live.[111] He said the services offered by his Megaupload site were not significantly different from comparable services using cloud technology such as Rapidshare or YouTube,[110] and he has just been used as a scapegoat because of his involvement with hacking activities in the past. He explained the close ties of his case to that of Viacom vs YouTube in which the Digital Millennium Copyright Act (DMCA) shielded YouTube from the infringement of its users and described his surprise when he was arrested without trial or a hearing.[110]

On US involvement in his arrest

Dotcom claims to be a legitimate businessman who has been unfairly demonized by United States authorities and industry trade groups such as the RIAA and MPAA.[109] He blames US President Barack Obama for colluding with Hollywood to orchestrate his arrest[48] and has spoken out against his negative portrayal in the media. In regard to the illegal spying conducted by GCSB, Dotcom said they were not spying to find out where he was. "The GCSB was utilised to surveil all my communication in order to give the U.S. Government full access to all my communication, without the requirement of a warrant," he said.[112] In May 2013, Dotcom released a 39-page white paper that links his prosecution to Hollywood studios. He claims that the US government prosecuted him in return for contributions from the studios to President Barack Obama. He released the paper to coincide with the visit to New Zealand of United States Attorney General, Eric Holder, head of the US Justice Department, which oversees the FBI.[113]

New Zealand Prime Minister John Key added to speculation about Hollywood's role in October 2012 when it was announced he was going on a four-day visit to meet top studio executives.[114] Key said the trip was intended to promote New Zealand as a good country to produce movies, but he was planning to meet with the Motion Picture Association of America (MPAA), which had described Dotcom as "a career criminal".[114] Using Twitter, Dotcom said that Chris Dodd was "responsible for the destruction of Megaupload & the abuse of my family".[115]

In November 2013, The New Zealand Herald senior journalist David Fisher published The Secret Life of Kim Dotcom: Spies, Lies and the War for the Internet. The book covers aspects of Dotcom's personal life and reveals that he fears for his life. He is quoted telling a friend "Don't just let it go", if he is killed as part of US allegations of copyright breaches associated with Megaupload.[116]

In January 2014, VICE News profiled Dotcom in New Zealand: "Kim Dotcom: The Man Behind Megaupload."[117]

Other activities

Kim Dotcom graffiti by Thierry Ehrmann in the Abode of Chaos museum, France.

Following the 11 September 2001 attacks in the United States, Dotcom launched a group called Young Intelligent Hackers Against Terrorism (YIHAT).[118] He claimed to have hacked Sudanese bank accounts belonging to Osama Bin Laden and offered a $10 million reward for information leading to Osama’s capture on his now-defunct kimble.org site.[23]

Dotcom participated in a mock funeral procession for public broadcaster TVNZ 7 in downtown Auckland, on the day of its final broadcast. He had warmed to one of its more notable shows, Media7, for its championing of Internet freedom, and had been interviewed on the show at least once.[119]

In February 2012, Lindsey Stirling released Lord of The Rings Medley,[120] a music video funded by Dotcom.

In August 2012, Dotcom released a song titled Party Amplifier as a sample of his upcoming album.[121] Dotcom was already in the process of recording the album with friend and producer Printz Board (who wrote Yes We Can for Barack Obama's 2008 election campaign) when he was arrested. Printz and Dotcom recorded more than 20 songs at Neil Finn's Roundhead Studios in Newton, Auckland – one of which is called Mr President – an electronica protest against Barack Obama, who Dotcom believes was involved in shutting down Megaupload.[48]

In June 2012, Dotcom announced on Twitter the launch of Megabox, a new music streaming service to rival Spotify.[122] He announced in October 2012 that Megabox would launch on 19 January 2013, the first anniversary of the closure of Megaupload and the raid on his Auckland property.[123] However, later said that Megabox would be launched a few months after Mega.

On 2 November, Dotcom announced a new file storage service, similar to Megaupload, using the domain name me.ga. It was to be launched 19 January 2013, but the African state of Gabon, which controls the .ga domain, cancelled the me.ga name on 6 November 2012. The site has since registered the names mega.co.nz and mega.net.nz. The new file hosting service offers file encryption to enhance user privacy and security.[124] As a result of this encryption, Dotcom and mega.co.nz will not know of the content of the uploaded data, allowing for the claim of plausible deniability to be made should new charges arise. In January 2013, Dotcom offered a $13,500 reward to anyone able to defeat the site's security system.[125]

Dotcom has been involved in the local community in Auckland. In December 2012, he announced that he would be playing the part of Santa Claus in the play MegaChristmas, run by Auckland's Basement Theatre.[126] In a local ceremony on the first of that month, he turned on the Franklin Road Christmas lights and delivered a speech before the display.[127]

On 4 September 2013, Kim Dotcom stepped down as director of Mega,[128] and announced he was working on a music streaming service called Baboom.[129] Dotcom says it will be more advanced than Megabox.[130]

On 10 September 2013, Dotcom announced that he would play 100 people in Call of Duty: Modern Warfare 3 at New Zealand's first Digital Entertainment Expo,[131] DIGITAL NATIONZ. The former world number one would play a mix of challengers from the audience who could win prizes for beating him, as well as play against celebrities for charities Y for Youth and Starship Hospital.

Discography

Albums

Year Title Details Peak chart
positions
NZ[132]
2014 Good Times
  • Released: 20 Jan 2014
  • Label: Kimpire Music
 8
"—" denotes a recording that did not chart or was not released in that territory.

Singles

References

  1. ↑ "Arrested Megaupload millionaire Kim Dotcom has Finnish passport". Helsingin Sanomat. Archived from the original on 26 January 2012.
  2. ↑ "Weltweiter Wirbel um Kieler Hochstapler Kim Schmitz", KN-online, 21 January 2012
  3. ↑ "View All Details". Business.govt.nz. 20 July 2012. Retrieved 18 January 2013.
  4. ↑ "Kim Dotcom's wife axed from companies before split". Stuff.co.nz. 19 May 2014. Retrieved 9 July 2014.
  5. ↑ Dotcom birthday party targeted The New Zealand Herald, 22 January 2012
  6. 1 2 Ernesto (25 March 2012). "Kim Dotcom becomes proud dad of twin girls". TorrentFreak. Retrieved 6 October 2012.
  7. ↑ "Megaupload's Kim Dotcom Fathers Healthy Twin Girls". 25 March 2012. Retrieved 26 March 2012.
  8. ↑ "The lavish life of file-sharing kingpin Kim Dotcom". news.com.au. 22 January 2012. Retrieved 23 January 2012.
  9. ↑ Schmidt, Karsten (23 January 2002). "Kimble bleibt stumm" [Kimble remains silent]. Manager Magazin (in German). Retrieved 27 February 2012.
  10. ↑ Barakat, Matthew; Perry, Nick (20 January 2012). "US Internet piracy case brings New Zealand arrests". The Washington Times. Associated Press. Retrieved 27 February 2012.
  11. ↑ "Megaupload founder Dotcom likely to get bail". CNN. 22 February 2012. Retrieved 27 February 2012.
  12. 1 2 3 4 5 Wishart, Ian (April 2010). "Merry Chrischmitz or Merry Hell?" (PDF). Investigate. Retrieved 31 December 2011. p29.
  13. ↑ Sandoval, Greg (4 August 2011). "The mystery man behind Megaupload piracy fight". CNET News. Retrieved 19 January 2012.
  14. ↑ <http://arstechnica.com/tech-policy/2015/01/why-kim-dotcom-hasnt-been-extradited-3-years-after-the-us-smashed-megaupload/>
  15. ↑ With Bruce Einhorn and Karin Matussek (2012-02-15). "Kim Dotcom, Pirate King". Businessweek. Retrieved 2013-12-05.
  16. ↑ "US formally requests Dotcom's extradition". 3 News NZ. 5 March 2012.
  17. ↑ Launch day for Kim Dotcom's Internet Party, Stuff 27 march 2014
  18. ↑ http://www.cbsnews.com/news/new-zealand-judge-rules-kim-dotcom-can-be-extradited-to-us/
  19. 1 2 Dotcom case 'destined for Supreme Court', Radio NZ, 24 December 2015
  20. ↑ "Der Unfassbare", Berliner Morgenpost, 12 February 2001 (German)
  21. ↑ "Dotcom's mother raided by police". NZ Herald News. Jan 4, 2014. Retrieved 2016-05-01. Dotcom's mother is Anneli Miettinen, who is Finnish
  22. ↑ Multi-millionaire hacker buys Chrisco mansion, The New Zealand Herald, 14 February 2010
  23. 1 2 3 The Fast, Fabulous, Allegedly Fraudulent Life of Megaupload’s Kim Dotcom, 26 January 2012
  24. ↑ Gallagher, Sean (26 January 2012). "The Fast, Fabulous, Allegedly Fraudulent Life of Megaupload's Kim Dotcom". Wired. Retrieved 26 January 2012.
  25. 1 2 Inside the lavish life of Web's Mr. Dotcom, The Wall Street Journal. 21 January 2012.
  26. ↑ The world of Kim Schmitz, The Guardian 26 January 2001
  27. ↑ "The Insanely Lavish Life of Megaupload Founder Kim Dotcom". Celebrity Net Worth. Retrieved 2013-12-05.
  28. ↑ "Kim Schmitz (Kimble) Street Racing In Belgium – Part II of Belgium News". YouTube. Retrieved 2 May 2012.
  29. ↑ Neazor, D.P. Report of Inspector General of Intelligence and Security, p 4, 27 September 2012
  30. 1 2 3 "Kim Dotcom's money won him New Zealand residency". Sydney Morning Herald. Associated Press. 14 March 2012. Retrieved 6 October 2012.
  31. ↑ Lewis, Rebecca (14 February 2010). "Multi-millionaire hacker buys Chrisco mansion". The New Zealand Herald. Retrieved 21 January 2012.
  32. ↑ "Arrest fallout: Kim Dotcom drops to No. 2 rank in Modern Warfare 3". VentureBeat. 23 January 2012. Retrieved 2 May 2012.
  33. ↑ Waugh, Rob (24 January 2012). "Megaupload chief slumps from his position as world's No. 1 Modern Warfare 3 player after his New Zealand piracy arrest". Daily Mail (London). Retrieved 6 October 2012.
  34. ↑ Megupload founder Kim Dotcom announces separation from wife Mona on Twitter news.com.au, 18 May 2014.
  35. ↑ Kim Dotcom's wife left companies ahead of split tvnz.co.nz, 19 May 2014.
  36. 1 2 3 Michael Courtenay, Megalife of Kim Dotcom
  37. 1 2 3 Austin Carr, Inside Megaupload's Megamind: Kim Dotcom's Playboy Bunnies, Russian Nuclear Vessels, And Private War On Terror, 20 January 2012
  38. ↑ Haftstrafe für Schmitz? (German), Der Spiegel 5/2002, 28 January 2002
  39. ↑ "Rekordanstieg bei Letsbuyit" (German) Manager-Magazin, 25 January 2001
  40. 1 2 Luring German Investors Back Into The Pool, Business Week, 12 April 2004.
  41. ↑ Gallagher, Sean (26 January 2012). "The Fast, Fabulous, Allegedly Fraudulent Life of Megaupload's Kim Dotcom". Wired.
  42. 1 2 Sean Gallagher, The Fast, Fabulous, Allegedly Fraudulent Life of Megaupload’s Kim Dotcom 26 January 2012
  43. 1 2 3 Secrecy over Dotcom's residency application, The New Zealand Herald, 9 March 2012
  44. 1 2 Megaupload accused Kim Schmitz in court, helicopter part of bail debate, TV3 News 23 January 2012
  45. 1 2 Flamboyant former hacker to settle in NZ, The New Zealand Herald, 12 June 2011
  46. ↑ Fisher, David (30 October 2014). "Kim Dotcom didn't declare dangerous driving conviction". The New Zealand Herald. Retrieved 30 October 2014.
  47. ↑ Act sticks by Banks – for now, The New Zealand Herald, 18 September 2012
  48. 1 2 3 Dotcom's pop protest gets its first airing, The New Zealand Herald, 21 July 2012
  49. ↑ "Kim Dotcom more popular than John Banks – poll". 3 News NZ. 11 October 2012.
  50. ↑ Sandoval, Greg (20 January 2012). "FBI charges Megaupload operators with piracy crimes". CNET News. Retrieved 19 January 2012.
  51. ↑ Anderson, Nate (20 January 2012). "Google cut off Megaupload's ad money voluntarily back in 2007". Ars Technica. Retrieved 27 January 2012.
  52. 1 2 "Department of Justice indictment". The Wall Street Journal. Retrieved 27 January 2012.
  53. ↑ "Google AdPlanner for megaupload.com". Google.com. Retrieved 20 January 2012.
  54. ↑ "Justice Department charges leaders of Megaupload with widespread online copyright infringement". United States Department of Justice. 19 January 2012. Retrieved 2 May 2012.
  55. ↑ "Federal Indictment of Kim Dotcom".
  56. ↑ '+nick_name+' (27 December 2012). "Editorial: Kim Dotcom sets off year of fireworks for politicians". Nzherald.co.nz. Retrieved 18 January 2013.
  57. ↑ Megaload attempting to get back online, Stuff website 21 January 2012
  58. 1 2 Dotcom: I will beat charges, The New Zealand Herald, 1 March 2012
  59. ↑ "Megaupload founder Kim Dotcom granted bail". BBC News. 22 February 2012. Retrieved 22 February 2012.
  60. 1 2 "Dotcom searches illegal: Judge". The New Zealand Herald. 28 June 2012.
  61. 1 2 "Dotcom wins major victory". The New Zealand Herald. 29 June 2012.
  62. ↑ "Funds released for Dotcom's legal bills". 28 June 2012. Retrieved 28 June 2012.
  63. ↑ "Supreme Court allows appeal". The New Zealand Herald. 16 May 2013.
  64. ↑ "Dotcom wins right to sue Govt spies". 3 News NZ. 7 March 2013.
  65. ↑ "Dotcom wins right to sue". The New Zealand Herald. 7 March 2013.
  66. ↑ "Crown wants GCSB exluded from Dotcom case". 3 News NZ. 7 March 2013.
  67. ↑ "Judge describes Dotcom case as a procedural mess". Radio NZ. 14 February 2013.
  68. ↑ "Dotcom back in court to sue police". 3 News NZ. 15 April 2013.
  69. ↑ "Dotcom raid legal, FBI taking evidence not". Stuff.co.nz.
  70. ↑ Court rules Dotcom mansion raid legal, TV3 News 23 December 2014
  71. ↑ Dotcom 'officially broke right now' video, Stuff 26 November 2014
  72. ↑ Kim Dotcom's fight for Hong Kong millions, New Zealand Herald, 8 December 2014
  73. ↑ Kiwis' data lodged with NSA - Greenwald, The New Zealand Herald, 15 September 2014
  74. ↑ "Dotcom: Illegal spying revealed". The New Zealand Herald. 24 September 2012.
  75. ↑ Mosbergen, Dominique (27 September 2012). "New Zealand Prime Minister John Key Apologizes To Kim Dotcom, Says Spying Was Illegal". Huffington Post. Retrieved 27 September 2012.
  76. ↑ Dotcom can pursue case against police, GCSB, The New Zealand Herald
  77. ↑ "Dotcom wins right to sue". Nzherald.co.nz. 2013-03-07. Retrieved 2013-12-05.
  78. ↑ "Judgement of the court" (PDF). The New Zealand Herald. 7 March 2013.
  79. ↑ Political round-up: Growing anger over Dotcom fiasco, The New Zealand Herald, 27 September 2012
  80. ↑ Could Dotcom bring down Key? Auckland Now, 9 October 2012
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  82. ↑ Hutchison, Jonathan (3 July 2012). "Megaupload Founder Goes From Arrest to Cult Hero". The New York Times.
  83. ↑ "New Zealand PM apologises to Kim Dotcom over spying 'error'". The Guardian (London). 27 September 2012.
  84. ↑ Bulbeck, Pip (24 September 2012). "New Zealand Government Admits to Spying Bungle in Kim Dotcom Extradition Case". The Hollywood Reporter.
  85. ↑ John Key's Hollywood jaunt will be scrutinised, Dominion Post 1 October 2012
  86. ↑ "Kim Dotcom to enter politics?". Fairfax New Zealand. 1 September 2013. Archived from the original on 1 September 2013.
  87. ↑ "Internet Party now online for New Zealand". Internet Party of New Zealand. Retrieved 27 August 2014.
  88. ↑ Walters, Laura (27 March 2014). "Launch day for Kim Dotcom's Internet Party". Stuff.co.nz. Retrieved 27 August 2014.
  89. ↑ John Braddock (30 May 2014). "New Zealand’s Internet and Mana parties merge - World Socialist Web Site". Retrieved 16 February 2015.
  90. ↑ "Dotcom sets sights on politics". Stuff. Retrieved 16 February 2015.
  91. ↑ "Laila Harre to lead Internet Party". Retrieved 16 February 2015.
  92. ↑ Dotcom email is a fake - Warner Bros,The New Zealand Herald, 16 December 2014
  93. ↑ Who is Kevin Tsujihara, the Hollywood exec in Dotcom's big reveal? The New Zealand Herald, 16 September 2014
  94. ↑ New Zealand's National Party wins re-election, BBC News 20 September 2014
  95. ↑ Online Renegade, Wanted in U.S., Shakes Up New Zealand Election, The New York Times, 18 September 2014
  96. ↑ New Zealand's Ruling National Party Is Re-elected, The New York Times, 20 September 2014
  97. ↑ Dotcom telling the truth over email - Harre, New Zealand Herald, 16 September 2014.
  98. ↑ Dotcom fails to deliver on claim about when Key knew of him, TVOne News, 16 September 2014
  99. ↑ Kim Dotcom: I'm a pariah in New Zealand, New Zealand Herald, 4 January 2015
  100. ↑ "Kim Dotcom in court for US extradition hearing after three years of delays". The Guardian. Australian Associated Press. Retrieved 21 September 2015.
  101. ↑ Dotcom lawyer accuses US of 'secrecy bordering on deceit' Radio New Zealand.
  102. ↑ Dotcom: $500K to fight extradition, NZ Herald
  103. ↑ No grounds to extradite Kim Dotcom, says Harvard Law professor Lawrence Lessig, NZ Herald
  104. ↑ Kim Dotcom's lawyer: 'There's no crime against making money from a brilliant idea', NZ Herald, 2 November 2015
  105. ↑ Kanye, a Kardashian, the King and Dotcom, NZ Herald, 7 November 2015
  106. ↑ Kim Dotcom trial: Crown accused of incorrect translations, NZ Herald, 2 November 2015
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  110. 1 2 3 Anderson, Nate (1 March 2012). "Megaupload takedown a "death sentence without trial," says Kim Dotcom". Arstechnica.com. Retrieved 2 May 2012.
  111. ↑ "Kim Dotcom's first interview after arrest". 3news.co.nz. 1 March 2012. Retrieved 1 March 2012.
  112. ↑ Dotcom more popular than Banks, The New Zealand Herald, 11 October 2012
  113. ↑ Key misled by US, claims Dotcom The New Zealand Herald, 8 May 2013
  114. 1 2 Key: LA visit about jobs, The New Zealand Herald, 2 October 2012
  115. ↑ Dotcom, Kim. "Kim Dotcom Status Update". Twitter. Retrieved 27 August 2014.
  116. ↑ Inside Kim Dotcom's mind, The New Zealand Herald, 22 November 2013
  117. ↑ Kim Dotcom: The Man Behind Megaupload. YouTube. 5 January 2014.
  118. ↑ Angus Batey (29 October 2001). "Can he save the world?". The Guardian.
  119. ↑ Marika Hill (30 June 2012). "Kim Dotcom joins TVNZ7 funeral". Fairfax NZ News.
  120. ↑ "Lord of the Rings Medley - Lindsey Stirling". YouTube. 2 February 2012. Retrieved 16 February 2015.
  121. ↑ Kim Dotcom (24 August 2012). "Kim Dotcom's new album".
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  123. ↑ "Megabox to launch on raid anniversary". 3 News. 29 October 2012.
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  125. ↑ Russell, Jon (2013-02-01). "Kim Dotcom Offers $13,500 Mega Security Hack Bounty". The Next Web. Retrieved 2013-12-05.
  126. ↑ "Dotcom to star in MegaChristmas". 3 News NZ. 4 December 2012.
  127. ↑ "Dotcom dons Santa hat". 3 News NZ. 2 December 2012.
  128. ↑ CEOWORLD magazine (4 September 2013). "Kim Dotcom Has Stepped Down As Director Of Mega File-Storage Startup". Retrieved 4 September 2013.
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  132. ↑ "10 February 2014". Official NZ Music Charts. Recorded Music NZ. Retrieved 5 Nov 2014.
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