MegaUpload user files court request to get his files back

MegaUpload has been shut down since mid-January but so far the data that was uploaded to the file sharing website has yet to be deleted. Now a man who says he stored legitimate video files on the site has filed a petition to the judge handling the case. In short, he wants his files back.

The man, Kyle Goodwin, has the legal backing of the Electronic Frontier Foundation. In the EFF's legal brief, it states that Goodwin formed a business, OhioSportsNet, in July 2011. The business centered on Goodwin and others traveling all over the state of Ohio to film high school sports events. The videos were later shown on the company's web site, some of which were streamed in real time, and Goodwin was beginning to make money.

While Goodwin says he backed up his videos on a personal hard drive, he also subscribed to MegaUpload's premium service to upload the company's videos as well. In mid-January, Goodwin's storage drive failed. However, when he tried to get back his videos from his MegaUpload account he discovered that the federal government had shut the site down on charges of online piracy.

EFF Staff Attorney Julie Samuels states in the group's press release:

The court can help make Mr. Goodwin – an innocent party here – whole again. With government seizures growing, we're likely to see more and more cases like this, where lawful customers of a cloud service lose property in a federal copyright case. We're hoping the court will set an important precedent to protect users from overzealous government agents.

A hearing on Goodwin's case is expected to take place later in April.

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18 Comments

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As mightymightyme once said..

"I'm sorry but storing your important data in megaupload is like putting your safe in the basement of your friend's house, that he just happens to sell meth out of. You can't be surprised when the place gets shutdown."

warwagon said,
As mightymightyme once said..

"I'm sorry but storing your important data in megaupload is like putting your safe in the basement of your friend's house, that he just happens to sell meth out of. You can't be surprised when the place gets shutdown."


But it's not really like that. He is not my friend, I've never met him not have I been to his home. It's more like putting your files in a safety deposit box at a bank, the same back the mob happens to use. You see shady people coming and going, but that could be true of any business. Then, instead of getting warrants for the mobster's accounts, the authorities close the entire back and lock out all the customers - criminal or not?

If it was physical property confiscated, they would be returned to the rightful owners (after the case was settled however, as it is evidence). Why should it be different for digital assets? Since digital assets can be copied, why should those affected be forced to wait until after a verdict?

Colonel-Sanders said,

But it's not really like that. He is not my friend, I've never met him not have I been to his home. It's more like putting your files in a safety deposit box at a bank, the same back the mob happens to use. You see shady people coming and going, but that could be true of any business. Then, instead of getting warrants for the mobster's accounts, the authorities close the entire back and lock out all the customers - criminal or not?

If it was physical property confiscated, they would be returned to the rightful owners (after the case was settled however, as it is evidence). Why should it be different for digital assets? Since digital assets can be copied, why should those affected be forced to wait until after a verdict?

You and others of the same mind are making many presumptions and judgements that are not a known fact or have not been establish.

1. Megaupload has not been found guilty of anything.

2. The man in question used MU totally legitimately.

3. He did have a backup that died but whether he should have had 10 backups in different location is not the point.

4. The F.B.I have control of his property and he would like it back.

He should also have them on some sort of off site external hard drive.

also, why is he using a file sharing service to backup his files? Why not use a 100% legit service like Carbonite or other services like carbonite.

I just have no sympathy for people who used Megaupload as a backup service.

warwagon said,
He should also have them on some sort of off site external hard drive.

also, why is he using a file sharing service to backup his files? Why not use a 100% legit service like Carbonite or other services like carbonite.

I just have no sympathy for people who used Megaupload as a backup service.


What a load of manure. Last time I checked, file sharing is legal and "100% legit" and he had the right to store his files any way he damn pleases. It is the so called "Land of the free and home of the brave" that has no right to do these seizures.

warwagon said,
He should also have them on some sort of off site external hard drive.

also, why is he using a file sharing service to backup his files? Why not use a 100% legit service like Carbonite or other services like carbonite.

I just have no sympathy for people who used Megaupload as a backup service.

Exactly he could have bought a harddrive and retained control over his own backup which would have been a perfect solution.

warwagon said,
He should also have them on some sort of off site external hard drive.

also, why is he using a file sharing service to backup his files? Why not use a 100% legit service like Carbonite or other services like carbonite.

I just have no sympathy for people who used Megaupload as a backup service.

Way to be narrow minded. Anyone could do anything different ways, he chose to do it this way and his files were illegally confiscated, but instead of focusing on that, you'll get pulled around by the nose and focus on any excuse to justify how wrong this whole thing was from start to finish.

lt8480 said,

Exactly he could have bought a harddrive and retained control over his own backup which would have been a perfect solution.

If you'd bothered to read the whole story you'd know he did have his files on an external HDD but the eHDD went toes up and he now wants access to the other copies he had stored on Megauploads servers

Odds are against it. He would have to be lucky enough to get an honest judge, then hope that judge doesn't "get the call" from higher up the food chain "advising" him of how to view the case.

Look at how often the U.S. judges will rule for something only to be overturned later if it doesn't suit TPTB. The Supreme court ruling is a great example, take three months to make sure powerful interests are considered before "ruling".

All you useful idiots cheering on foreign governments sidestepping the meager laws we still have in place to do the bidding of corporate interests make me sick. Ignoring common sense for "technically speaking" nonsense. You cheer on your own loss of freedoms with every weak little quip towards things you don't personally like while ignoring the bigger picture as usual.

I really get the feeling that this will have a better outcome in Kiwi than it would if it was in America.

Edit: Kiwi being NZ.

sM4llziE said,
But if everyone started doing this, then nothing would ever get solved!

he has every right to do this, he payed for a service and should there for be entitled to
acces to his files that he owns the copyright to. more power to him for fighting for his rights.

xSuRgEx said,

he has every right to do this, he payed for a service and should there for be entitled to
acces to his files that he owns the copyright to. more power to him for fighting for his rights.

I would disagree with you and the guy filing suit in court that he is entitled to access his files. For starters, the court has no duty to give him access to his files nor does the court have a duty to maintain access to everyone's files (which would essentially require the court to host MegaUpload for free indefinitely). Any agreement he had regarding access to those files was between him and MegaUpload (which didn't provide a SLA by the way, so they also never promised him access to his files!).

Frazell Thomas said,

I would disagree with you and the guy filing suit in court that he is entitled to access his files. For starters, the court has no duty to give him access to his files nor does the court have a duty to maintain access to everyone's files (which would essentially require the court to host MegaUpload for free indefinitely). Any agreement he had regarding access to those files was between him and MegaUpload (which didn't provide a SLA by the way, so they also never promised him access to his files!).


Off course it's not the court's duty! He's not suing the court. The court has discretionary power to allow it. Also, a final judgment has not been passed in the case, the government still has to establish its case and till the MU is just an accused.

xSuRgEx said,

he has every right to do this, he payed for a service and should there for be entitled to
acces to his files that he owns the copyright to. more power to him for fighting for his rights.

All those people who unwilling gave money to other scams and other criminals (usually for something too good to be true) should also get all their money back then... however I guess if you make a deal with the devil this is what happens.

sM4llziE said,
But if everyone started doing this, then nothing would ever get solved!

ORLY ? I hope you lose unrecoverable data soon too... we will see what you will be bragging about then.