The defence has drawn on procedural errors by the prosecution to challenge the case and in a judgement at the end of May 2012, New Zealand judge David Harvey granted the defendants the right to the disclosure of evidence held by the FBI in preparation for the extradition trial.[89] In his 81-page decision, he came to the assessment that the DoJ is attempting to use concepts of civil law, in particular secondary copyright infringement, in a criminal case, which creates legal issues.