It is also looking increasingly unlikely that they can serve papers on Megaupload. Basically the US trying to apply US law to a foreign company with no ties to the USA.
What's more is that in NZ the initial raid and seizure of data from Dotcom's mansion was illegal and in turn the NZ police illegally handed overillegally seized data to the FBI. Even the extradition was applied for under the wrong process.
The NZ courts have ordered the FBI to return the illegally obtained data. The deadline for the FBI's compliance has been and gone with no sign of the feds returning the data (which is also of use to Dotcom's defence)
So we have an unlawful extradition application and illegal raid and seizure with illegally obtained data passed to the applicant illegally (even if everything else was within NZ law the data should not have been handed over until the outcome of the extradition has been determined.
The NZ courts have a duty of care towards a person subject to an extradition application and that includes the court satisfying itself that the person will receive a fair trial. With the number of breeches in due process so far and no the contempt the FBI is showing by ignoring the NZ order to return the illegally obtained data, the chance of a fair trial were the extradition granted seems non existent.