Megaupload judge steps down

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Megaupload judge steps down

David Harvey, the New Zealand judge overseeing the extradition of Kim Dotcom to the United States has recused himself from the case

Judge_David_Harvey

Kim Dotcom, one of Managing IP’s 50 most influential people in IP, is the founder of Megaupload, the cloud storage service shut down earlier this year by the US government. The United States has brought criminal copyright infringement charges against Dotcom and other company executives, claiming that they knowingly allowed and encouraged users to use the site for infringement. The US wants to extradite Dotcom from New Zealand, where he is domiciled.

According to the National Business Review, Judge Harvey was speaking at the NetHui conference in New Zealand. In a discussion about the effects of the Trans-Pacific Partnership agreement on IP issues such as DVD region locking, he reportedly said: “We have met the enemy, and he is the US”.

The Chief Judge of the district court, Jan-Marie Doogue, told the press that Judge Harvey stepped down of his own accord, “recognis(ing) that remarks made in the context of a paper he delivered on copyright law at a recent internet conference could reflect on his impartiality”.

Kim_Dotcom

The flamboyant Dotcom has been making headlines since persuading the New Zealand courts to relax the terms of his bail. He has announced that he will release a dance album to pay his legal fees, used Twitter to mock the charges levelled against him, and accused US Vice-President Joe Biden of personally ordering Megaupload’s shutdown.

To see Managing IP’s complete Top 50 list for 2012, click here.



more from across site and SHARED ros bottom lb

More from across our site

Lawyers say attention will turn to the UK government’s AI consultation after judgment fails to match pre-trial hype
Susan Keston and Rachel Fetches at HGF explain why the CoA’s decision to grant the UPC’s first permanent injunction demonstrates the court’s readiness to diverge from national court judgments
IP, M&A, life sciences and competition partners advised on deal that brings together brands such as ‘Huggies’ and ‘Kleenex’ with ‘Band-Aid’ and ‘Tylenol’
Stability AI, represented by Bird & Bird, is not liable for secondary copyright infringement, though Fieldfisher client Getty succeeds in some trademark claims
Plasseraud IP says it is eyeing AI and quantum computing expertise with new hire from Cabinet Netter
In the fifth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss the ‘Careers in Ideas’ network and how to open access to the profession
McGuireWoods’ focussed experimentation and disciplined execution of AI tools is sharpening its IP practice
As Marshall Gerstein celebrates its 70-year anniversary, Jeffrey Sharp, managing partner, reflects on lessons that shaped both his career and the firm’s success
News of two pharma deals involving Novo Nordisk and GSK and a loss for Open AI were also among the top talking points
Howard Hogan, IP partner at Gibson Dunn, says AI deepfakes are driving lawyers to rethink how IP protects creativity and innovation
Gift this article