If Kim Dotcom launches the new Mega file sharing website as he plans to do on 20th January 2013 – the anniversary of Megaupload's shutdown – then he could be found in breach of his bail, which he was only granted earlier this year after stating that he had no plans to relaunch Megaupload or a similar service.
The court documents, quoted by Techdirt, say that because Dotcom made these claims, “If defendant Dotcom intentionally misled the court in New Zealand about his intentions and capabilities in order to obtain his release from pre-extradition confinement, it seems Defense Counsel’s representation might endanger Dotcom’s bail situation or even subject him to additional charges.”
This doesn't directly address Mega, or Megabox, the two services that Dotcom is apparently working on with his team of hipsters, but this leaves it wide open for the Department of Justice to target any developments that remotely resemble the original file locker site and use it to consider it a breach of bail terms. This would not only be a problem for Mr Dotcom's current freedom, but would also harm his case and perhaps that of the US extradition trial due to take place some time in 2013.
KitGuru Says: Quite a few commenters on this development consider the DOJ to clutching at straws, since the wording is pretty vague and seems to be an attempt at a catchall for new Dotcom developments. It could be a sign of desperation on the part of the authorities. What do you guys think?