Kim Dotcom is seeking to have the case against him dismissed because of evidence suggesting the FBI forced him to preserve 39 pirated movies from another case unrelated to his.
According to Kim Dotcom’s lawyers, the 39 movie files were uploaded after the FBI investigated a website called ‘ninjavideo.com', and that the site used the cloud storage database from megauplaod.com to store the movies in 2010. In turn, the FBI made a seizure on megaupload.com.
The 39 files were identified during an investigation into the NinjaVideo website, which had used Megaupload's cloud storage for their pirated movies. The FBI later seized the Megaupload site and based that seizure on the same files being stored even though Kim Dotcom says he was cooperating with the FBI as much as he could.
In a statement to the press, Kim Dotcom said the FBI used the fact that the files were still stored on Megaupload’s cloud server to get the warrant. They then used his trust and cooperation to double cross the New Zealand resident. The district court of New Zealand is now seeking that the FBI provide them with all evidence and files relating to the case. However, the US is trying to appeal the request.
Currently Kim Dotcom’s US lawyer, Ira Rothken, is working to have the US court drop the seizure of megaupload.com. Rothken says this latest revelation in regards to the 2010 seizure of NinjaVideo only proves that the case against Dotcom should be dismissed and was an illegal seizure.