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Re:New Zealand court rules Kim Dotcom can be extradited to US by drdeca on Tuesday December 22, 2015 @10:34PM (#10781798)
What are your views on how it relates to the sovereignty of a nation?
Re:New Zealand court rules Kim Dotcom can be extradited to US by bmh_ca on Tuesday December 22, 2015 @10:46PM (#10781825)
The name for the concern about infringement upon sovereignty by arresting a citizen, in this case, in another state is "extraterritoriality".

There is a presumption against extraterritoriality. In other words, it is presumed that in a sovereign state the laws of other sovereigns do not apply.

The exception to the presumption against extraterritoriality is agreement among states or a reciprocal judicial respect. The agreement is usually a treaty. The reciprocal respect is called "comity".

There are other exceptions to the presumption against extraterritoriality, but I do not think they apply here.

I have not looked at the details, but New Zealand and the U.S.A. must have an extradition treaty or otherwise the judge determining extradition believes that the judicial system in the U.S.A. is "comparable" (i.e. comity applies).

The case looks appealable. So long as the independence of the judiciary is not impugned, neither is the sovereignty of New Zealand, and they may extradite as they feel fit.

Re:New Zealand court rules Kim Dotcom can be extradited to US by forrestthewoods on Tuesday December 22, 2015 @10:39PM (#10781804)
New Zealand is a sovereign nation. One that has laws which established residency for Kim Dotcom. And one that has signed international treaties with other sovereign nations. New Zealand has used their own judicial system to reach this decision. They are behaving in accordance to their own laws and agreements they were willing participants to.

In short, there's nothing wrong here. Not in the slightest.

Re:New Zealand court rules Kim Dotcom can be extradited to US by philliphaydon on Tuesday December 22, 2015 @10:50PM (#10781839)
As a kiwi. This entire case makes me sick. This should have been thrown out of court a long time ago. This is a political move and nothing else. It's NZ on its knees sucking off the United States. From day 1 it's been illegal. Hidden process, and laws changed to make the process more legal. I hate my country now.
Re:New Zealand court rules Kim Dotcom can be extradited to US by craigds on Tuesday December 22, 2015 @10:59PM (#10781871)
This is exactly how I feel about it.

It's not just this case obviously. I used to be proud to be a New Zealander, but the last 5-10 years have made it dreadfully obvious we're actually being operated by foreign and commercial interests, and local/national leaders have no interest in changing that.

Sure, it's probably not as bad as certain other places, but it no longer fills me with pride. I'm tired of this country :(

Re:New Zealand court rules Kim Dotcom can be extradited to US by vacri on Tuesday December 22, 2015 @11:41PM (#10781998)
I went to NZ in January, and I was a bit sad how much traction the LotR films had gained as 'proxy for kiwiness'. From the airline to the airport to posters and promotional material everywhere; on city streets, in supermarkets... it almost felt like LotR had become part of the national psyche, that LotR was NZ, rather than something cool that NZ had done.

I imagine it's waned a bit by now, though.

Re:New Zealand court rules Kim Dotcom can be extradited to US by feelix on Tuesday December 22, 2015 @11:00PM (#10781873)
As another kiwi I couldn't agree more. It has been sickening to watch NZ bend over backwards to serve the USA. This has nothing to do with copyright infringement, and everything to do with bending over for the USA to maintain its benefits.
Re:New Zealand court rules Kim Dotcom can be extradited to US by throwawaykf05 on Wednesday December 23, 2015 @12:35AM (#10782150)
If New Zealand is kowtowing to the US, ask yourself why. In politics generally people don't do favors for others for free.

Here's another possible angle: Hollywood might actually be contributing favorably to New Zealand's economy, either directly or indirectly (e.g. through increasing tourism), when it films movies like Avatar, LOTR and The Hobbit. See, for instance http://www.forbes.com/sites/carolpinchefsky/2012/12/14/the-i.... In 2014, the screen industry revenue was NZ$3 billion (see http://www.stats.govt.nz/browse_for_stats/industry_sectors/f...).

This guy was directly undermining Hollywood's business, which meant it could also undermine New Zealand's movie industry, implying it was also in New Zealand's interests to bring him to justice.

Re:New Zealand court rules Kim Dotcom can be extradited to US by philliphaydon on Wednesday December 23, 2015 @12:53AM (#10782183)
Yes. Bring him to justice under NZ law. Trial and conviction in NZ. Without influence of America. We are not an independent nation if we are kissing the feet of other nations. That's what I don't like. Our country is not our own any more.
Re:New Zealand court rules Kim Dotcom can be extradited to US by throwawaykf05 on Wednesday December 23, 2015 @01:25AM (#10782243)
Kim Dotcom was running a bunch of servers in the US, which means he was running his business at least partially in the US. Secondly, arguably the majority of the infringing content was produced in the US. The US undeniably has significant interest in this case. Does someone become immune to the laws of another nation just because they cross a border? Tomorrow if a US citizen defrauds you, would you not want them brought to justice regardless of where they reside? International treaties exist for a reason.
Re:New Zealand court rules Kim Dotcom can be extradited to US by rosege on Tuesday December 22, 2015 @11:47PM (#10782017)
And NZ used to be one of the few countries that wasnt afraid to tell the US no, like they did with nuclear bases/vessels
Re:New Zealand court rules Kim Dotcom can be extradited to US by forrestthewoods on Tuesday December 22, 2015 @11:01PM (#10781874)
Would you rather your country act as a safe haven to criminals in exchange for money?
Re:New Zealand court rules Kim Dotcom can be extradited to US by philliphaydon on Tuesday December 22, 2015 @11:39PM (#10781993)
He is a NZ PR. He can be tried and convicted in New Zealand under NZ law. What I don't like is American influence on NZ politics.

I have no doubt that he knew the system was being used for illegal file sharing. And no doubt he probably turned a blind eye to a lot of it because it generated money.

But he should have been tried and convicted in NZ without the influence of America.

Re:New Zealand court rules Kim Dotcom can be extradited to US by toomuchtodo on Wednesday December 23, 2015 @12:04AM (#10782064)
The US is already a safe haven for ill-gotten funds from Africa and China, parked in California, Texas, and New York City real estate. I'm supposed to be upset about Kim Dot Com? Hardly.
Re:New Zealand court rules Kim Dotcom can be extradited to US by shadowmint on Wednesday December 23, 2015 @12:02AM (#10782057)
oh fuck off. You're just trolling now.

That's not the issue here.

People commit crimes in every country. They should be prosecuted to the full extent of the law. No one is arguing that.

The issue is that you're suggesting that everyone should obey american law, which has been shown to be corrupt and driven entirely by campaign donations; while the locals are arguing that, perhaps, their own government should say...

...use its own laws, to prosecute its own citizens, rather than the laws from another country.

Do you think women should be punished in America for not wearing a hijab in public? That the tenants of Sharia law should be upheld in your country, because they are the laws of another country?

No? Right then, like I said...

Re:New Zealand court rules Kim Dotcom can be extradited to US by zorpner on Tuesday December 22, 2015 @10:41PM (#10781812)
Don't conflate lawful/unlawful with right/wrong -- it always leads to incoherent positions.
Re:New Zealand court rules Kim Dotcom can be extradited to US by throwawaykf05 on Wednesday December 23, 2015 @01:40AM (#10782281)
Most people would agree that profiting off somebody else's labor without their permission and without remuneration is wrong, and hence it is correct that it is unlawful. I see no incoherence in this particular case.

Unfortunately, to many on HN, when people freely take the information created by content creators it's "disruption of outdated business models", but when the NSA freely takes their own information it's an "invasion of privacy". They simply don't realize that everybody would like to control the spread of information that is significant to themselves. This is why certain laws exist, yet they denounce some laws (such as copyright) as "wrong". The cognitive dissonance is astounding.

Re:New Zealand court rules Kim Dotcom can be extradited to US by forrestthewoods on Tuesday December 22, 2015 @10:46PM (#10781824)
I've not.
Re:New Zealand court rules Kim Dotcom can be extradited to US by eliudnir on Tuesday December 22, 2015 @10:57PM (#10781866)
- I'm glad. He's a scumbag who profited TWO HUNDRED MILLION DOLLARS off content that he knew to be copyright infringing. He deserves prison time.

Riiiiight.... Not conflating at all....

Re:New Zealand court rules Kim Dotcom can be extradited to US by forrestthewoods on Tuesday December 22, 2015 @11:14PM (#10781912)
It is my opinion that Kim Dotcom's actions are both unlawful and wrong. They could have been unlawful but not wrong. Or lawful but wrong. Or even lawful and not wrong. However it is my opinion that they are simultaneously unlawful and wrong. Both the unlawfulness and wrongness are arguable on their own terms and merits without reference to the other.

You're free to disagree with me. You may hold a different opinion. That's perfectly fine. However a dissenting opinion does not mean I conflated the situation. It does not mean that I'm acting irrationally. It's simple a different opinion.

I don't mind downvotes for disagreeing with the HN HiveMind.

Re:New Zealand court rules Kim Dotcom can be extradited to US by 88e282102ae2e5b on Wednesday December 23, 2015 @12:47AM (#10782170)
Your opinions by themselves are irrelevant. I care why I should agree with you. Convince me. Give it a try. That's the point of HN. If I just wanted to hear what strangers think without any discussion of the larger issues, I'd be on reddit.

So NZ has laws and treaties. Great. Should they? What's the tradeoff? Is the prosecution of someone who is clearly guilty allowing a greater evil to occur? Is the copyright system and corporate influence of governments a problem?

I would have loved to hear the answers to any of these questions, but what I got was essentially "he is a criminal" and "laws shouldn't be broken". Sure.

Re:New Zealand court rules Kim Dotcom can be extradited to US by vacri on Tuesday December 22, 2015 @11:45PM (#10782011)
> I don't mind downvotes for disagreeing with the HN HiveMind.

When you have to hedge your comments like this, it's generally because your arguments are weak.

Re:New Zealand court rules Kim Dotcom can be extradited to US by it_learnses on Tuesday December 22, 2015 @10:53PM (#10781852)
Yes you have.
Re:New Zealand court rules Kim Dotcom can be extradited to US by xupybd on Tuesday December 22, 2015 @11:27PM (#10781955)
What he did should not be legal here. But he may have been clever enough to be at least in the grey area of the law. At least the law in NZ. From a strictly moral standpoint, he was ripping off the copyright holders no doubt and should not have been able to get away with it.

The problem is he is getting extradited on these parts of the treaty:

Receiving and transporting any money, valuable securities, or other property knowing the same to have been unlawfully obtained.

…

Obtaining property, money, or valuable securities by false pretenses or by conspiracy to defraud the public or any person by deceit or falsehood or other fraudulent means, whether such deceit or falsehood or any fraudulent means would or would not amount to a false pretense.

I'm not sure you can argue that he did that, and if that is the case, you have to ask what is going on here?

Of course, there is much to this that I don't know, but still it's a bit fishy.