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Lawyers for Artem Vaulin, the alleged head of KickassTorrents (KAT), recently attempted to get criminal copyright infringement charges against their client tossed. Last week, however, prosecutors fired back. In a court filing from last Friday, authorities argued that Vaulin should not even be allowed to file a motion to dismiss until he makes a formal appearance in federal court in Chicago, where the case is underway.

Vaulin was arrested in Poland in July, where he now awaits extradition to the United States. KAT was the world’s largest BitTorrent distribution site before it was shuttered by authorities earlier this year. Prosecutors have alleged that KAT unlawfully distributed more than $1 billion worth of copyrighted materials.

After Vaulin makes an appearance, his legal team can refile a motion to dismiss. At that point, prosecutors wrote, the motion should be denied anyway as the defense’s primary theory—that there is no such law that prohibits secondary criminal copyright infringement—is bunk.