Lessig on the Dotcom case

The Herald reports:

One of the world’s leading experts on copyright has reviewed the Kim Dotcom case and says there is no basis for extradition.

Harvard Law professor Lawrence Lessig has weighed into the Megaupload prosecution with a legal opinion which condemns the prosecution case against the filesharing website.

In an opinion released by Dotcom’s lawyers, Professor Lessig said the allegations and evidence made public by the US Department of Justice “do not meet the requirements necessary to support a prima facie case that would be recognised by United States federal law”

Professor Lessig is internationally regarded as an expert in copyright and fair use. He co-founded the nonprofit Creative Commons and has written widely in articles and books on copyright, law and the internet age. The US-based Electronic Freedom Foundation said he had “played a pivotal role in shaping the debate about copyright in the digital age”.

Lawrence Lessig has been a huge force for good in the copyright arena. His affidavit will have considerable influence.

He is of course a witness for the defence, so it is no surprise what he says is there is no case to answer. But that doesn’t mean he is wrong. He is an expert in the copyright arena.

My lay view has always been that the threshold for extradition (which is low) has probably been met, but that an actual trial in the US could go either way.