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00:00POLL? >> I DO NOT KNOW YET. EMILY: THE JUDGE HAS SAID THERE IS OVERWHELMING EVIDENCE TO SUPPORT HIM BEING EXTRADITED TO THE UNITED STATES. THE EVIDENCE IN FAVOR OF KIM IS SHORT OF UNDERMINING THE CASE. WHAT IS YOUR REACTION? >> WE THINK THE COURT GOT IT WRONG. IN ORDER TO EXTRADITE SOMEBODY FROM NEW ZEALAND, YOU HAVE TO SHOW DO CRIMINALITY -- DUAL CRIMINALITY. THEY ARE TRYING TO -- IT IS CALLED SECONDARY COPYRIGHT INFRINGEMENT. THERE IS AN OVERT SAFE HARBOR IN NEW ZEALAND THAT PROTECTS ISPS FROM CRIMINAL LIABILITY. WE LOOK FORWARD TO GOING TO THE APPELLANT COURT. THIS IS NOT ONLY AN ISSUE FOR KIM DOTCOM. EMILY: YOU HAVE ALREADY STARTED THE PROCESS OF AN APPEAL. ARE YOU GOING TO DO ANYTHING DIFFERENTLY THIS TIME AROUND? >> THAT REMAINS TO BE SEEN. I THINK THE RECORD IS CLEAR. THIS COURT, IN A LONG OPINION, SPENT ONLY A FEW PARAGRAPHS ON THE NOTION THERE IS A SAFE HARBOR AND NEW ZEALAND THAT PROTECTS ISPS. THIS IS ALLOWED TO STAND, A PROSECUTOR COULD USE HIS DISCRETION TO HECKLE POLICIES BECAUSE THEY DO NOT LIKE THEM. THEY MAY LOSE, BUT THE EFFECT OF PROSECUTING SOMEBODY IS A VICTORY. THAT EXTENDS THE COPYRIGHT MONOPOLY WAY TOO FAR. EMILY: KIM AND I HAD A CONVERSATION WHEN WE WERE IN NEW ZEALAND. IS HE SCARED ABOUT 80 YEARS IN PRISON? -- 88 YEARS IN PRISON? >> I AM NOT SCARED OF ANYTHING. EVERYTHING THAT HAPPENS TO ME, I TRY AND MAKE THE BEST OUT OF IT. I KNOW THIS SOUNDS CRAZY, BUT I DO NOT KNOW FEAR. HOW IS HE TAKING THIS? >> HE IS TAKING IT WELL UNDER THE CIRCUMSTANCES. WE HAVE TO TAKE A LOOK AT WHAT HAPPENED TO DATE. THERE HAS BEEN A BUFFET OF GOVERNMENT ABUSE. EMILY: A RAID ON HIS HOME. >> A MILITARY STYLE RAID ON HIS HOME. THE UNITED STATES WAS FOUND GUILTY OF ILLEGALLY TAKING DATA OFFSHORE. IT IS NO SURPRISE THAT HE HAS TAKEN THIS SITUATION WELL. WHEN YOU HAVE A SCENARIO WHERE A PROFESSOR IS DISAGREEING WITH OTHER EXPERTS, HOW COULD A LAYPERSON HAVE THE CRITICAL -- CRIMINAL MINDSET WHEN THE EXPERTS THEMSELVES DISAGREE? EMILY: ONE OF THE ARGUMENTS, MEGAUPLOAD IS NOT DIFFERENT THAN ANY OTHER SERVICE, LIKE DROPBOX. >> THEY ARE TRYING TO USE OPTICS TO GO AFTER SOMEONE THEY DO NOT LIKE. THE BRIGHT LINE IN NEW ZEALAND IS THE IFP -- ISP SAFE HARBOR . YOU CANNOT HOLD CLOUT START PROVIDERS CRIMINALLY RESPONSIBLE FOR THE ACTS OF ITS USERS. EMILY: I WANT TO DIG INTO THIS COMPARISON TO DROPBOX. DROPBOX SAYS THEY HAVE SEVERAL MECHANISMS IN PLACE TO LIMIT OR PREVENT PRIVACY, DOWNLOAD LIMITS , AND SUCH. THE OTHER THING IS THAT IT IS FREE. IF MEGAUPLOAD WAS CHARGING USERS FOR CONTENT, HOW IS THAT NOT ILLEGAL? >> JUST LIKE DROPBOX, WHICH CHARGES FOR STORAGE SPACE, MEGAUPLOAD CHARGED FOR STORAGE SPACE. DROPBOX SHOULD BE WORRIED BECAUSE ALL THAT HAPPENED IN THIS CASE WAS THE PROSECUTION HECKLING THINGS, HECKLING TO MEDICATIONS, -- HECKLING COMMUNICATIONS, IGNORING NONINFRINGING USES. THE COURT BOUGHT INTO IT. EMILY: KIM DOTCOM IS OFTEN ASSOCIATED WITH THESE EXTRAVAGANT DISPLAYS OF WEALTH. WHAT IS IT LIKE WORKING WITH HIM? >> IT IS LIKE WORKING WITH A COMBINATION OF THE OLD COMEDIAN JOHN CANDY AND PROBABLY STEVE JOBS COMBINED INTO ONE PERSON. HE IS AN INCREDIBLE INNOVATOR, SOMEBODY WHO CAN GET PEOPLE TOGETHER TO CREATE GREAT TECHNOLOGY. HE IS EXTREMELY FUNNY. IT IS A WONDERFUL COMBINATION. EMILY: YOU AND I HAVE TALKED ABOUT THIS A LOT. YOU SAID, IF ANYTHING THIS SHOULD BE A CIVIL CASE, NOT A CRIMINAL CASE. ISN'T THAT AN ADMISSION OF SOME TYPE OF LIABILITY? >> IN THE CIVIL CASE, THERE IS A CALCULUS THAT GOES ON. YOUTUBE WAS SUED AND IF YOUTUBE DID NOT HAVE THE FUNDS TO FIGHT BACK, THEY WOULD HAVE LOST. IT IS THE SAME SORT OF SITUATION. WE COULD TOLERATE THE DOWNSIDE BEING MONEY, BUT TO HAVE SOMEONE HAVE TO GO TO JAIL FOR 80 YEARS -- HE WILL NOT HAVE A DIME TO PAY FOR LAWYERS. USING ALL OF THESE THINGS THAT ARE ONLY AVAILABLE IN A CRIMINAL CASE TO MAKE AN UNEVEN PLAYING FIELD. THE THEORIES THEY ARE PUTTING FORTH ARE THE TYPES OF THEORIES THAT CIVIL CASES HAVE AGAINST NAPSTER. EMILY: YOU THINK THIS CASE COULD GO ALL THE WAY TO THE NEW ZEALAND SUPREME COURT. >> THE POLICY ISSUES ARE SO IMPORTANT. IT IS VERY ANTIBUSINESS AND WE THINK THE SUPREME COURT WILL TAKE A HARD LOOK AT THIS AND PROVIDE A CHECK AND BALANCE. EMILY: THANK YOU SO MUCH FOR BEING ON THE SHOW. SLOW DOWN IN CHINA, WHAT SLOW DOWN? THE COMPANIES -- THE COUNTRY'S

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Kim Dotcom to Appeal U.S. Extradition Ruling

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