Evidence has emerged showing the Department of Homeland Security served a search warrant on Mr Dotcom’s file-sharing company Megaupload in 2010 which he claims forced it to preserve pirated movies found in an unrelated piracy investigation.
The 39 files were identified during an investigation into the NinjaVideo website, which had used Megaupload’s cloud storage to store pirated movies.
When the FBI applied to seize the Megaupload site in 2012, it said the company had failed to delete pirated content and cited the earlier search warrant against the continued existence of 36 of the same 39 files.
Mr Dotcom said Megaupload co-operated with the US Government investigation into copyright pirates NinjaVideo and was legally unable to delete the 39 movies identified in the search warrant.
Mr Dotcom said: “We were informed by (the US Government) we were not to interfere with the investigation. We completely co-operated.
“Then the FBI used the fact the files were still in the account of the … user to get the warrant to seize our own domains. This is outrageous.”
He said the revelation was the first insight into the FBI’s case against Megaupload and it showed bad faith on the part of the US Government. “Immediately we hit the jackpot – the first little piece of paper is this super-jackpot.”
New Zealand’s district court has ordered the FBI to provide documents relating to its investigation through an order for discovery. It was currently being appealed.
“I understand why the US is working so hard to appeal the discovery decision.”