"It makes the substantive underpinnings of the case highly questionable, legally," Granick said. "It's a novel case."
Dotcom, 38, who changed his name from Kim Schmitz, has enjoyed a rollercoaster ride as a hacker turned playboy turned family man. He has faced legal trouble before, picking up convictions in Germany in 1998 for computer fraud and in 2002 for insider trading. In his latest legal battle, he has presented himself as an Internet freedom fighter and has gained many devoted fans on Twitter with whom he interacts regularly.
His extradition hearing is scheduled for March.
Follow Nick Perry on Twitter at http://twitter.com/nickgbperry