23 Apr 2012

Lawyer doubts Megaupload trial scuppered

12:05 pm on 23 April 2012

An Auckland lawyer who specialises in internet law expects the Megaupload trial will go ahead, despite comments made by a US judge overseeing the case.

US authorities accuse the file-sharing site, founder Kim Dotcom and others of violating copyright laws.

The Virginia District Court judge has said charges against the website may never make it to court because the company has not been formally served with a summons in the US.

German millionaire Kim Dotcom, who has New Zealand residency, and three other men are on bail while the US tries to extradite them.

Rick Shera from the law firm Lowndes Jordan says the judge's comments are simply a speed bump in the process.

"Sometimes judges do this to put a shot across the bows of parties to make sure that they get them to do the things they want them to do, so I'm not sure too much can be read into it."

Mr Shera says there will be manoeuvring from the prosecution and the defence in what is a very complex case.

Mr Dotcom's US lawyer, Ira Rothken told Morning Report that his client's New Zealand lawyers are studying the judge's comment to see whether it affects extradition plans.

He says lawyers are meanwhile working to protect the content on the Megaupload site.