I've had a short read of this and I too find it a little disappointing. Judge Dawson, in my view, relies too heavily on the DOJ case. The part that struck me was the discussion over Secondary Copyright Infringement and whether it is a criminal offense. The judge accepts that it is simply on the base that Jay Prabhu is the US Attorney General and has signed a document stating that it is. The testimony of one of the top US lawyers in the field with that, and that this should be decided in a US trial, as he says with so much.
There are other issues that appear problematic, not least the casual disregard law enforcement in both NZ and the US have shown for the law. Aside from the theatrics of the raid, it is clear that much of the evidence was seized illegally and should not be admissible.
While I am sure a lot of this is allowed for in the extradition treaty, there was plenty there for a questioning judge to be critical of. Shame Dawson lacked the balls.
In ACS's case, between 30 and 50% of "detections" could not be matched to a subscriber. Given that this is a congested IPV4 pool, I would be surprised if more than 50% of the remainder are not false positives. Even if they get past that, they still have no idea of the identity of infringer. I would expect they are correct on this point less than 10% of the time.
You seem to believe that trawling for IP addresses is an accurate passtime. I assure you it is not. You cannot as a matter of logic prove a negative which is why laws should never place that burden on the accused - and in most places that is a requirement in drafting laws. Further, it is unlikely you will have any idea at all why you would know why you were falsely accused. If I got one of these, it would be bare denial. End of story, as it is a complete defense.
It looks to me that the best result that can come from this is a game of infinite mirrors. If people engage in this as it is designed, you will have large numbers of people taking pictures of (large numbers of people taking pictures of (large numbers of people taking pictures of ...