Kim Dotcom: Caught in the Web Page #5

Synopsis: The story of the most wanted man online
Director(s): Annie Goldson
Production: Gravitas Ventures
  1 win & 3 nominations.
 
IMDB:
7.0
TV-PG
Year:
2017
107 min
Website
36 Views


[woman] The FBI claims that

Kim Dotcom made $175 million

in criminal proceedings

and that Megaupload cost half a billion

dollars in harm to copyright owners.

[Steve] He was put into

the criminal category

because he was a criminal,

and he is a criminal,

and he was

a pretty significant criminal.

Just because he is not violent

doesn't mean

his conduct isn't criminal.

People go to jail for

securities fraud every day

without ever having taken a bat

to the side of someone's head.

So the harm that

Kim Dotcom causes

really does affect real people.

It affects those 1.9 million

people that go to work every day

trying to earn a living in the

film and television industry.

It affects the small businesses

that are trying to start up

new legitimate online platforms

and that are playing

by the rules.

So the conduct that

Kim Dotcom engaged in

was criminal,

and it had real victims.

- [woman] Hi, Kim.

- Hello.

[indistinct murmuring]

Well, I'm relieved to

go home to see my family,

my three little kids

and my pregnant wife,

and I hope you understand

that that's all

I want to say right now.

[woman] How have

you been treated?

I just want to go home,

and see my family.

Gentlemen, just... Excuse me.

[woman] What about

the extradition hearing?

You will obviously

be fighting that one?

Yes, I will be fighting that.

[newsreader] And in New Zealand,

Megaupload tycoon Kim Dotcom

was released on bail today

after 31 days in prison.

A hearing will be held shortly

to determine whether

the Megaupload co-accused

will be sent to

Washington to stand trial.

If found guilty,

the men could face

up to 80 years in prison.

Hi!

[woman]

Yeah, but they didn't say no.

[screaming and laughing]

[speaking indistinctly]

[Dotcom] We were living

in this happy bubble, ya know?

Everything was perfect...

until the raid.

Yay...

it's happening.

Oh, I'm scared.

Oh, what's that?

Oops.

- [baby crying]

- [man] Hello.

[indistinct murmuring]

[Dotcom]

Number one is out, baby...

- [Doctor] Number two.

- [Dotcom] ...and number two.

- Babies are super pretty.

- Super healthy?

Super good, baby,

don't worry, all good.

Today I'm a daddy again.

Two more kids, two tiny girls,

two beautiful little pirates.

That was really good

that I was able

to be outside to watch

the twins get born.

[camera shutters clicking]

You know,

that gave me a lot of energy.

It reminded me that I really

need to fight for them.

I knew we were innocent.

I knew these

allegations were wrong.

I actually read the indictment

on the day we got arrested,

and I had to laugh.

I said to my co-defense,

this will be over really quick.

This is such a nonsense.

It will be so easy to discredit

and show that they got it

all wrong, you know?

While I was remanded,

I got all these press clippings,

and they were saying

that I was found

with a sawn-off shotgun,

you know, that they had to use

this kind of force

because I had

weapons in the house

and, you know, the whole

description of the case,

and who I am was just completely

unrealistic and not true.

- Speak with... [indistinct]

- Mm-hmm.

So I decided that I want

to set the record straight.

Of course, everybody knows

that the Internet is being used

for legitimate

and illegitimate uses,

and I think every

online service provider

has the same challenges

that we had.

YouTube, Google, everybody

is in the same boat,

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 U.S.

that is protecting

online service providers

of liability for

the actions of their users.

[Cyrus] Kim's legal team would

argue that they're no different

than any other

cloud storage service.

They are not responsible

for what the users do.

They have no liability.

End of story as far

as they're concerned.

What the government alleges, what

the entertainment industry alleges

is that, well, no, the website

was set up to give incentives

for people to

upload valuable material,

meaning, you know,

newly released films,

newly released music,

things like that.

[indistinct murmuring]

[Dotcom] That's also

very important to mention.

I shouldn't ever have been

in a situation

to defend myself

against extradition

because there is

simply no basis in law

in New Zealand to extradite me.

[Greg] They have to prove

to a New Zealand court

that the treaty between

the United States

and New Zealand, extradition

treaty, covers copyright.

And from what I've seen,

there's nothing in there

about copyright.

[Dr. Ira] They're concocted,

and they're piling them on

to figure out a way

to make out a case

where none should exist.

But like a house,

you know, like dominoes,

if there is no criminal

copyright infringement,

all the others will fall.

[keyboard keys clacking]

The whole

Dotcom Megaupload process

turned out to be

far more than New Zealand

ever bargained for.

Anything that we could

get wrong, we got wrong.

The New Zealand authorities managed

to pretty much screw up every step

of the process along the way.

The search warrant that was

used to execute the raid,

it has to be directed towards

whatever the alleged

criminal enterprise is.

This document didn't do that.

It was

an incredibly vague document.

The authorities in New Zealand

cloned Dotcom's laptops,

which had been seized

during the raid.

The court had effectively said

this evidence remains

in New Zealand.

The FBI took the clones

and sent them back

to the United States.

It's extraordinary.

Dotcom's rights, the process

of law had been thwarted,

and there needed to be

some sort of redress for that.

[woman] The Internet millionaire

has been back in court

for a three-day hearing.

Police were quizzed about

what level of threat he posed

and whether the elite

special tactics group

was needed to execute the

search warrants in January.

[man] The police

are not every day

going into domestic houses

armed to the teeth

with automatic weapons,

bashing down doors,

quartering the household

in a paramilitary fashion,

shouting orders at one another.

That's not ordinary police

practice in New Zealand, is it?

Or have I missed something?

I think you've missed something.

If the risk assessment is that there

are firearms in the property,

the police will not execute

that search warrant

without armed police.

[Andrew] When one reads

the indictment of Megaupload,

I notice that there

were references

to child pornography

and terrorism.

They do not have any relevance

to a claim

of copyright infringement,

but that is part of the effort

to paint the defendants

as extremely dangerous

and ugly and nasty persons.

And that, Your Honors,

one that I referred to.

[Greg] They had a message.

The guy is dangerous.

He has weapons,

and so everybody thought

this Kim Dotcom guy

is not just into piracy.

They gave the impression that

he was much more dangerous

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Annie Goldson

Anne 'Annie' Veronica Goldson is a New Zealand journalism and film academic specialising in documentaries. Her films include Punitive Damage, Georgie Girl, Brother Number One and Kim Dotcom: Caught in the Web. She was made an Officer of the New Zealand Order of Merit in 2007 for services to film and was made a Fellow of the Royal Society of New Zealand in 2007. more…

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Submitted on August 05, 2018

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