MegaUpload server data still safe, thanks to the courts

If you are one of the approximately 60 million people who used MegaUpload to store your files, you can breathe a sigh of relief, at least for now. News.com reports that the judge in the MegaUpload case has ordered all the parties involved to work with each other to come up with a solution to preserve the data that has been stored on the now shut down website.

When US law enforcement officials decided to close down MegaUpload on online piracy charges in January, the website's server files were preserved by one of MegaUpload's hosts, Carpathia Hosting. The company has been holding onto the files with its own money and has been asking the judge in the case for some kind of financial help so they can continue to preserve those files.

Today, U.S. District Judge Liam O'Grady agreed that the data should be saved and ruled that MegaUpload, the US government, Carpathia and the Motion Picture Association of America should all get together to come up with a solution that will keep the MegaUpload data safe.

The judge did say that while he was "sympathetic" to Carpathia's financial situation, he added that the company made a lot of money by hosting MegaUpload's servers and could be held liable if the government proves its online piracy case.

MegaUpload's lawyers said they would like to be able to get their server files back in order to prove their case against the government. However, the MPAA has already said it is opposed to this plan and today their lawyers said they are concerned that any copyrighted movies and TV shows on the servers might be redistributed if MegaUpload received their files back.

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The judge did say that while he was "sympathetic" to Carpathia's financial situation, he added that the company made a lot of money by hosting MegaUpload's servers and could be held liable if the government proves its online piracy case.

so let say You are bank which runs safety deposit box storage
and some client lease the box and store inside drugs or stolen diamonds ...

You going to be liable for it ? hahahaha

someone fire the judge for fail on common sense logic

"The judge did say that while he was "sympathetic" to Carpathia's financial situation, he added that the company made a lot of money by hosting MegaUpload's servers and could be held liable if the government proves its online piracy case."
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Wow you know for a judge he seems fairly ignorant of the safe harbor provisions to make such a blanket statement, not to mention as far as I know (and maybe I'm wrong) DOJ isn't even alleging wrong doing on Carpathia's part.

He is not sympathetic at all. The ruling that the data should be preserved was the only one he could make less he taint the case by effectively destroying evidence that could be very helpful to the defendant (and the prosecution for that matter), and this would hurt the prosecution in the case, and it would definitely hurt during any appeals. The judge also copped from what I read basically saying figure it out among yourselves. I don't know what's so hard about figuring out who should bear most of the costs, it should be those bringing the case and because the actions the have kept 3rd parties from legit data not to mention completely destroyed the business in the process.

Even so, since MegaUpload has volunteered to buy the hardware holding their data and at least cover related operational costs just unseize the funds need to do so, and force the doj\mpaa to cover the costs of the third party data retrieval\return service. It's really not that complicated though there are gritty details to work out.

Aside- DOJ\MPAA should be really be paying all the costs (what if mega didn't have the funds to buy the hardware) itself and while I hate that as a taxpayer it's how it should be if nothing else to put the folks at DOJ\MPAA on notice that their own budgets can be eaten into by bringing cases like this, particularly in the BS manner in which they execute this which has been flawed from the start and likely will be to the finish.



Has TV subscriptions tripled since MegaUpload went down? are Theatres jam-packed across the world? are BluRays and DVD's flying off the shelves? Likely sales figures dropped if anything as its right after Xmas and people are hurting..

Is netflix making continuously more profit? Hulu Plus getting more subscribers? Pandora? HBO? Likely so.

All parties seem focused on their point of the service - so I consider this a very fair judgement... bet MegaUpload will just continue to pay for the servers though.

they will say something like, "If you dont pay up you are just admitting to being guilty."

IMHO this is the same as a self-storage unit being locked-down with nobody able to touch their stuff because there was a few units which had grow-ops or pushers in them. Historically we clean the grow ops out, arrest those involved, and leave the rest be... the MPAA had the ability to do this for years though... I don't know why this is so much more difficult to do electronically. Guess they are trying to pin the operator for the grow-ops this time.

Their only argument is that MegaUpload didn't block known illegal files from being re-uploaded. That in itself is fruitless anyway as its impossible to tell, and determining the hashes or what the file is violates privacy laws in the US.

They really got to sort this out fast.

I was hoping someone could explain this to me...


The MPAA/RIAA/et al claim that when we buy a movie, we're only buying a license to the product.

Yes, now they claim that the defendent, Dot Com, has posession of files that belong to them. Are movies/music/etc licensed, or are they sold? Because if they're only licensed, wouldn't it mean that, as long as everyone accessing a file has a license for it, that it's legal?

greenwizard88 said,
I was hoping someone could explain this to me...


The MPAA/RIAA/et al claim that when we buy a movie, we're only buying a license to the product.

Yes, now they claim that the defendent, Dot Com, has posession of files that belong to them. Are movies/music/etc licensed, or are they sold? Because if they're only licensed, wouldn't it mean that, as long as everyone accessing a file has a license for it, that it's legal?

You cannot redistribute copyrighted work by any means, regardless if you have or don't have a license for that content, unless you are the copyright holder. Recording a video of a cat with the radio on in the background will get takedown notices.

As for consuming it or downloading it - depends on the country. in the US or a friendly US country (like New Zealand) you would likely not win against the MPAA/US govt regardless of how much or little you support them. Generally though its dealt with the same as drug dealers. The users are considered addicts and need medical help - E.G. they weren't making a living off it.

I haven't used Megaupload, but this is just an example of the FBI and MPAA stealing from customers. Yet its just fine by the judge if they steal from everyone else in life.

MPAA/RIAA are nothing but pure thugs... the modern day mafia, and they are using our own Government as their hired hitmen. Their pockets all lined with money.

...their lawyers said they are concerned that any copyrighted movies and TV shows on the servers might be redistributed if MegaUpload received their files back.

Not sure if these guys are serious... Aside from the initial panic and some services stopping their operations or at least start blocking US users, things are pretty much back to normality in the file sharing world so said movies and TV shows are still/already in the loose...

Marcos_Edson said,

Not sure if these guys are serious...

Wouldn't be the first time they show how full of **** they are. Bunch of decrepit old mummies.

The MPAA and US Gov should be forced to pay the costs for preserving the files seeing as how they were the ones that caused this mess to start with.

simplezz said,
The MPAA and US Gov should be forced to pay the costs for preserving the files seeing as how they were the ones that caused this mess to start with.
Actually it is Kim Dotcom's fault for doing illegal stuff with the funds that came from what could have been a legitimate business. He should be paying the cost. It is not the MPAA or the US Gov's fault he was conducting criminal activities. That's what he gets for being so greedy and down right shady.

simplezz said,
The MPAA and US Gov should be forced to pay the costs for preserving the files seeing as how they were the ones that caused this mess to start with.

If the US Gov had to pay for it, that's more of *my* tax dollars being funneled into the MPAA's anti-piracy lawsuit. Sad as it is for Carpathia, I'm going to have to say "No thanks" to that one.

Go ahead and saddle it on the MPAA though. They have enough cash sitting around.

ILikeTobacco said,
Actually it is Kim Dotcom's fault for doing illegal stuff with the funds that came from what could have been a legitimate business. He should be paying the cost. It is not the MPAA or the US Gov's fault he was conducting criminal activities. That's what he gets for being so greedy and down right shady.

So it's guilty until proven innocent with you I guess.

Memnochxx said,

So it's guilty until proven innocent with you I guess.

So no one should be arrested until they are proven guilty? Not sure how well that would work.

TRC said,

So no one should be arrested until they are proven guilty? Not sure how well that would work.


Sure they should be arrested. But he shouldn't be paying for something if he hasn't been convicted.

TRC said,

So no one should be arrested until they are proven guilty? Not sure how well that would work.


YouTube wasn't shutdown and Google's CEO and staff weren't arrested when Viacom sued them for copyright infringement. I fail to see the difference here. Both complied with the DMCA take down notices.

It helps of course that MU was a foreign company, which makes getting the feds and US Gov on board with trumped up charges much easier.

simplezz said,
The MPAA and US Gov should be forced to pay the costs for preserving the files seeing as how they were the ones that caused this mess to start with.

I'm sure the damage they caused is alot more than the $500 million they claimed MU was stealing.

In ruling that all parties involved must come up with a way to keep the data safe, the judge asked for the impossible. That is, unless one of said parties changes their stand. Otherwise, it's a vicious circle.