On 1 March 2013, Kim Dotcom suffered a setback when he lost an appeal that had been filed with a New Zealand court that reportedly decided the US Government is not obliged to provide full disclosure of its case against Dotcom prior to Dotcom’s extradition hearing and that a summary of the US case against Dotcom would be sufficient for the purposes of the extradition hearing. It will be very interesting to see the outcome of the extradition hearing, which is slated to take place this year.

Dotcom is currently living in New Zealand released on bail following Dotcom being taken into custody in January 2012 in response to allegations by the US of copyright infringement, in which Dotcom has been accused of costing the entertainment industry $500 million through pirated content transmitted via his Megaupload website.

However, the ruling may not be as big a setback for Dotcom as it may initially seem. Firstly, Dotcom’s lawyers have reportedly already stated that Dotcom will be appealing the decision. Secondly, even if Dotcom is ordered to be extradited, the mere fact that he has been extradited does not mean he will lose the copyright infringement case.

In a related matter, it has been ruled by the New Zealand Court of Appeal that Dotcom’s case against the New Zealand Government Communications Security Bureau for spying on Dotcom, can proceed.

Apart from legal matters, Dotcom is persisting with his new Mega website, which reportedly surpassed 3 million users and 125 million files after one month of availability. He has also announced his plans to white label the services provided via the Mega website. White labeling refers to the process by which a technology provider resells its technology branded as third party technology.

We regularly advise clients on white label deals, and we supply a range of IT contracts for cloud computing suppliers available for download from our website, including a SaaS Platform White Label Distribution Agreement and other documents. Our SAAS Platform Distribution Kit contains 7 legal documents that can be used by SaaS Platform providers to sell access to their platform.

Contact Arnotts Technology Lawyers for assistance on your IT law needs:

Phone: 02 9371 7777
Email: technology@arnotts.net.au