30 July 2014

Asset freeze: Twentieth Century Fox v. Dotcom

Kim Dotcom has been forced to disclose the extent and value of his worldwide assets to Hollywood film companies who allege he profited from the piracy of movies through his Megaupload file sharing site.  His extravagant lifestyle together with promises to fund the Internet political party in New Zealand and further promises to pay a US$5 million “bounty” to any whistleblower dishing the dirt on US government behaviour and Hollywood business practices raised suspicions that Mr Dotcom was not complying with an existing court order which was presumed to have frozen all his assets.
The US government is seeking to extradite Mr Dotcom who faces criminal prosecution in the United States for alleged copyright infringement.  As part of those proceedings, assets held in Germany, Hong Kong, the Netherlands, the Philippines, the United Kingdom, Australia and New Zealand were frozen with Mr Dotcom permitted to draw down a monthly allowance for living costs and legal expenses.
Collectively, Hollywood film studios suspect the Megaupload site earned profits of about US$175 million.  At its peak, the Megaupload site was the thirteenth most visited site on the internet with an average of fifty million visits a day.   Site visitors who uploaded copyrighted material received rewards, including payments in cash, calculated by reference to how often their files were downloaded by others.
A consortium of Hollywood studios is claiming over $US100 million against Mr Dotcom alleging copyright infringement.  They fear Mr Dotcom might be running down his assets when they saw him splashing around cash at a time when they thought all his assets had been frozen.  He resisted their court application for a list of all his assets.  In the High Court, Justice Courtney ruled that disclosure is required.  She said the Hollywood studios have a good arguable case for damages in excess of the $11.8 million dollars in New Zealand assets currently subject to a freezing order.  The Motion Picture Association of America provided over 190 pages of evidence summarising a FBI investigation into the operations of Megaupload as tenable evidence of copyright infringement. 
Twentieth Century Fox v. Dotcom – High Court (30.07.14)

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