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Things began to look a little complicated when it comes to US efforts to extradite Kim Dotcom, the mastermind behind Megaupload, from New Zealand. Latest reports show that he will be kept in the New Zealand’s authorities custody at least until February 22.

According to some reports coming from US, Dotcom and his company netted around $175 million since 2005 through pirating and distributing music, movies and all sort of copyrighted materials. On the other hand, the defense lawyers mentioned their client just offered online storage space to the users hence he is not guilty of the data stored.

Since the arrest of Dotcom, 38, last Friday, police raided numerous times his rented country estate that some believe to be the most expensive house in the country. The problem with the extradition is that the prosecution needs to show there are enough evidences to convict, and also that the person has done illegal actions on the New Zealand’s soil. In other words if the evidences aren’t enough to accuse Kim, he could walk free.

This relays on an old treaty between the United States and the New Zealand dating from 1970 where the US has the right to ask for extradition before 45 days pass from an arrest. Also the US has a preferential status when it comes to extraditing people, according to an act signed in 1999. An interesting point of view came from the judge who refused the bail offered by Dotcom. He stated that he has no idea if US officials have enough evidences to convict him.

The entire fuss is made over the fact that in New Zealand when it comes to copyright materials and the illegal file sharing, this action is considered a civil matter. And all the illegal actions that are considered serious in this matter can have a penalty of maximum 5 years in jail.

According to Douglas McNabb, a U.S. lawyer who is specialized in extradition defense, the process is long and complicated because the US needs to meet probable causes. This is in fact the same standard required for making arrests in America. The issues are so important that the Prime Minister John Key stated that there will be a need of full collaboration between the New Zealand and the US. Most likely, it will be the first act of this type of extradition made by the New Zealand when it comes to copyright illegalities.