3 Nov 2012

Dotcom renews legal battle to have case dropped

2:34 pm on 3 November 2012

The US lawyer for Kim Dotcom is renewing legal efforts to have the case against his client dismissed.

Mr Dotcom faces extradition to the United States on internet copyright charges relating to his file-sharing website Megaupload.

The site was shut down after he was arrested during a raid on his mansion in Coatesville, north of Auckland, on 20 January this year. Three others also face charges.

Lawyer Ira Rothken had argued that US authorities cannot charge Mr Dotcom because Megaupload does not have a physical address in the United States.

Last month a judge at the Federal District Court in Virginia ruled against that claim.

However US District Judge Liam O'Grady left open the possibility that he could later dismiss the case on other grounds, like an argument that delays have denied the company its right to "due process".

Mr Rothken has now filed another motion at the court.

Separate legal proceedings are underway at the same court by a former user of the Megaupload site who is fighting to get his data back.

Kyle Goodwin is asking the judge to release legitimate material stored on the site, including his digital property which he says is integral to keeping his business afloat.