The court found all of the pathways are available to the United States, and it "has tendered sufficient evidence to support their case on those pathways", the court said in a statement accompanying the decision. "We think that ultimately Kim Dotcom will prevail", Ira Rothken told the Reuters news agency. "We think that ultimately Kim Dotcom will prevail", Rothken said.
A German national, Dotcom, founder of the now-defunct Megaupload filesharing website, has been fighting his extradition since his arrest at his Auckland home in 2012.
The six-year legal saga is widely seen as a test for how far the United States can reach globally to apply American firms' intellectual property rights.
"In its written judgement the court has decided not to record, or engage with, our primary and strong submission on why there was no criminal copyright infringement".
"The precedent set is concerning and has ramifications in New Zealand outside my case", Dotcom added. But the court concluded that "object" should be interpreted broadly-to encompass digital files as well as physical copies.
"We are satisfied New Zealand law permits extradition for copyright infringement in the circumstances of this case", said the court's decision, by Justices Kós, French and Miller.
Mr Dotcom and his Megaupload co-accused lost their extradition case in December 2015 at the North Shore District Court but have since made appeals to the High Court and the Court of Appeal.
"The court's interpretation of the relevant copyright provisions can not be right".
The fight isn't over, though.
The Court of Appeal said Thursday that Dotcom and three co-accused had failed in their attempt to overturn a High Court decision that they were eligible for surrender to the USA, according to a judgment posted on the Court website. Then, the New Zealand's government must decide whether to extradite Dotcom and his colleagues-which seems likely, given the amount of effort the government has put into the case.
The internet giant faces charges of racketeering, fraud and money laundering in the U.S., carrying jail terms of up to 20 years.