A high court in New Zealand has ruled that Kim Dotcom and three others can be extradited to the US where they face numerous charges including copyright violations and fraud.

Justice Murray Gilbert upheld a lower court decision which said there were enough grounds for Mathias Ortmann, Bram van der Kolk, Finn Batato and Dotcom to be extradited.

Interestingly Gilbert refused to grant the extradition request on the basis of copyright violation. “Online communication of copyright protected works to the public is not a criminal offense in New Zealand,” Gilbert was quoted as saying by RT.

While that loophole may have saved Dotcom, the judge ruled that Dotcom and his cohorts could be extradited on fraud charges.

Dotcom’s legal team welcomed the ruling that the Megaupload founder had not violated New Zealand’s copyright law but said the extradition will be appealed.

Megaupload was shut down in 2012 and the US government has been trying to extradite the four accused for the last five years.