Kim Dotcom's Megaupload servers 'too big'

03:14, Jun 06 2012
tdn kim stand
FIGHTING: Kim Dotcom and his co-accused are taking on the US government.

The size of Kim Dotcom's Megaupload servers has made disclosing the evidence against him near impossible in the allotted time, New Zealand Crown lawyers have argued.

A District Court judge last week overruled the US Government and granted the internet millionaire the right to information gathered by the FBI in the copyright case against him.

The Crown has today argued against the order in the High Court at Auckland, saying it was "unrealistic" to do so in the 21 days allowed by the court.

Fergus Sinclair, for the Crown, said the servers Megaupload used were massive and would have to be disclosed as the FBI had copied them.

Megaupload had 18 servers with a company called Cogent but they were so large the FBI could copy only two of them, he said.

"It's simply too big a job. They wouldn't get a small way through it in that time."

Dotcom's lawyer William Akel said there was a concern US authorities could make the matter take "as long as they say it could take".   

In other evidence presented today, Dotcom's lawyers told the court FBI agents flew to New Zealand and illegally shipped evidence against Dotcom back to the United States.

Akel told the High Court that there had been an agreement that none of the evidence against Dotcom, seized after his arrest, would be provided to the FBI without agreement.

Two FBI analysts flew to New Zealand on March 20 and reviewed seven hard-drives of information.

Akel said the analysts cloned the computers at Harlech House in Manukau.

When police returned to pick them up to take them to their hotel, the agents had already left to go and FedEx the copies back to the United States.

"The first (copies) were sent without the New Zealand Police having any say in it whatsoever," Akel said.

Akel said the Commissioner of Police had "lost control of the items" once the FBI had them.
"If (they) went off-shore without the consent of the Attorney General, it was an illegal act".

Dotcom, 38, is currently on bail awaiting an extradition hearing.

Authorities say he and his three co-accused - Mathias Ortmann, Fin Batato and Bram Van der Kolk - used Megaupload and its affiliated sites to knowingly make money from pirated movies and games.

Dotcom is charged with multiple copyright offences.


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