MegaUpload user tries again to get to his data

In early April, we reported on the case of Kyle Goodwin, who used the MegaUpload file sharing site to store videos made legally by him for his business, OhioSportsNet. All those files have now been kept from him in the wake of the shut down of those servers in January by the US government. Goodwin, with the backing of the Electronic Frontier Foundation, asked the courts in April to force the government to free up the files he has stored on MegaUpload's servers.

Well, it looks like the courts, and the US government, have done little on this issue. So the EFF announced today that it has filed yet another legal brief in US federal court, asking them to order the government to free up Goodwin's files from those servers.

In a statement, the EFF said:

And it’s not just about Kyle’s property: it’s about the property of many other legal Megaupload users, too. We’ve asked the court to implement a procedure to make all of those consumers whole again by granting them access to what is legally theirs. Especially given that the use of cloud computing services is already widespread and poised to grow exponentially in the next few years, we believe the court should ensure that such innocent users do not become regular collateral damage.

Meanwhile, the court actions against MegaUpload's founder Kim Dotcom continued this week. It turns out the FBI illegally removed Dotcoms data and hardware out of New Zealand and shipped it back to the US, without notifying the courts.

Source: EFF and News.com

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It turns out the FBI illegally removed Dotcoms data and hardware out of New Zealand and shipped it back to the US, without notifying the courts.

Correction, the FBI stole the data and hardware as it had no legal right to take it. That's stealing, thievery, and piracy. Who are the real pirates here?

simplezz said,

Correction, the FBI stole the data and hardware as it had no legal right to take it. That's stealing, thievery, and piracy. Who are the real pirates here?

^^ This

+1 for once your not trolling and for once I actually agree with what your saying.

You know, it really isn't about how smart the guy was, or about how many backups he had, or even where or how he decided to try to protect his files. The simple matter is that he has legally owned files on a server that has been grabbed by the gov't. His material isn't in question for the lawsuit & should be returned.

BottleTop said,
You know, it really isn't about how smart the guy was, or about how many backups he had, or even where or how he decided to try to protect his files. The simple matter is that he has legally owned files on a server that has been grabbed by the gov't. His material isn't in question for the lawsuit & should be returned.

had megaupload not been over loaded with pirated content im quite sure a over exaggerated percentage of the above, "hes a fool" etc would be supporting this guy
about getting his data back.

its his data it dosnt matter where he decided to store it. He is entitled to have access to it for the duraton of his subscription with the service provider.

good luck to him I hope he gets his data back.

FFS it doesn't matter if he had 5 hard backup's in different location, the could have all somehow gone up in smoke, it's not the point. They are his legitimate files and he would like access to them.

Wam7 said,
FFS it doesn't matter if he had 5 hard backup's in different location, the could have all somehow gone up in smoke, it's not the point. They are his legitimate files and he would like access to them.

As a Neowin member once said. "it's like someone storing a backup of their important documents at a friend house who they know is cooking meth in their basement. Then the house gets taken down by the authorities and everything in the house is seized, including his important document.".

There are SO many more legit services that have been created for the sake of "Backup" why the hell would you back your important stuff up to a service that is knownly distributing illegal content?

Edited by warwagon, May 26 2012, 4:33am :

warwagon said,

There are SO many more legit services that have been created for the sake of "Backup" why the hell would you back your important stuff up to a service that is knownly distributing illegal content?

Do you use an android phone? Supposedly they are breaking copywrites currently on the way you can click on text and have a menu pop up. If the authorities came and confiscated your phone, would you still feel it was just?

I mean, there are SO many more phones that don't break those copyrights, why the hell would you use a phone for all of your important calls knowing they are breaking copyright?

warwagon said,

As a Neowin member once said. "it's like someone storing a backup of their important documents at a friend house who they know is cooking meth in their basement. Then the house gets taken down by the authorities and everything in the house is seized, including his important document.".

There are SO many more legit services that have been created for the sake of "Backup" why the hell would you back your important stuff up to a service that is knownly distributing illegal content?

Hah I love this one.

Again any fool who thought Megaupload was a 'backup service' and trusted them with their data when they paid no money and signed no contract deserves to have their data 'lost'.

warwagon said,

As a Neowin member once said. "it's like someone storing a backup of their important documents at a friend house who they know is cooking meth in their basement. Then the house gets taken down by the authorities and everything in the house is seized, including his important document.".

There are SO many more legit services that have been created for the sake of "Backup" why the hell would you back your important stuff up to a service that is knownly distributing illegal content?

Legit or not, you can store all of your data on Skydrive, iCloud or Dropbox etc. and I'm sure that they host backups of millions of copied movies and music from other users on it as well. How about taking down these sites too?

Gungel said,

Legit or not, you can store all of your data on Skydrive, iCloud or Dropbox etc. and I'm sure that they host backups of millions of copied movies and music from other users on it as well. How about taking down these sites too?

and how many of those services let users post download links to files on forums?

warwagon said,

and how many of those services let users post download links to files on forums?

On Skydrive you can share any of your files with anyone or selected people only.

warwagon said,

As a Neowin member once said. "it's like someone storing a backup of their important documents at a friend house who they know is cooking meth in their basement. Then the house gets taken down by the authorities and everything in the house is seized, including his important document.".

There are SO many more legit services that have been created for the sake of "Backup" why the hell would you back your important stuff up to a service that is knownly distributing illegal content?

Once again, not the point. Why go into conjecture as to the guys knowledge of whether he knew of MU's allegedly questionable practices? He may not have had a clue what else MU did so why do people take this sweeping assumptions for fact and then make inferences based on that. Stupid! "Cooking meth in a basement..." What a specious analogy!!

ShiZZa said,
get a local backup solution in your house. the offsite copy should only be used as a backup of your backup.

My house burnt down, all my stuff was toast. I want my goddamn files back...

If I put something on mega upload i'd want it back.

Auzeras said,

My house burnt down, all my stuff was toast. I want my goddamn files back...

If I put something on mega upload i'd want it back.

I have

1) my backups on a drive in my computer
2) My backups on an external drive in my house
3) My backups on carbonite (online)
4) My backups in a safety deposite box at the bank that gets swapped (updated) every month.

If my house burnt down, i'd just go to my safety deposit box. Sure the information would be month old, but better than nothing.

But why would i "Backup" anything to mega upload. Why not use a dedicated backup service?

Edited by warwagon, May 26 2012, 4:22am :

Good for you, but that's certainly not 'typical'. Most people however do not even have any backup solution and many do not even know about backups at all.
On my end I use external drive, plus USB thumb drive for a limited set of critical documents on which I work often (which are also included in the external drive backup), ans the occasional DVD backup every couple of months.
Safety deposit boxes... I wish I had that kind of discipline but that's a bit overboard for me.

warwagon said,

[...]
4) My backups in a safety deposite box at the bank that gets swapped (updated) every month.
[...]

warwagon said,

I have

1) my backups on a drive in my computer
2) My backups on an external drive in my house
3) My backups on carbonite (online)
4) My backups in a safety deposite box at the bank that gets swapped (updated) every month.

I have 18TB of data.... If I did that, I'd effectively need a total of 90TB of storage capability.....

18TB Mirror RAID = 36GB
+
18TB External
+
18TB Carbonite
+
18TB Safety Box ..

Even using the cheapy sets of $115 Seagate 2tb crap drives, thats over $1035 per set, $2070 for the RAID, so $4140 for the drives, plus a Carbonite admin having a heart attack. Screw that. If I'm paying for a service that is 100% legit, the government better not step on my toes no matter what is happening with the business.

warwagon said,

I have

1) my backups on a drive in my computer
2) My backups on an external drive in my house
3) My backups on carbonite (online)
4) My backups in a safety deposite box at the bank that gets swapped (updated) every month.

If my house burnt down, i'd just go to my safety deposit box. Sure the information would be month old, but better than nothing.

But why would i "Backup" anything to mega upload. Why not use a dedicated backup service?

this is just ridiculous
you not serious i hope? or you happen to have such damn valueable material?
not even major companies do 4 step backups, 3 is more then plenty.

warwagon said,

But why would i "Backup" anything to mega upload. Why not use a dedicated backup service?

You're actually an idiot if you can't see the irony in that sentance.

Shadowzz said,
this is just ridiculous
you not serious i hope? or you happen to have such damn valueable material?
not even major companies do 4 step backups, 3 is more then plenty.

Why is this overkill? Let me explain.

1) my backups on a drive in my computer - The backup I would use to instantly access my data backup.

2) My backups on an external drive in my house - The backup I would use to access my data if I got struck by lightning or something all the internal drives of my workstation got fried. I said external but it's actually a 3.5 inch drive I slap in a sata dock once a month. It's not always connected to my computer

3) My backups in a safety deposite box at the bank that gets swapped (updated) every month. I just this incase my house burns down and all my backups are gone.

4)My backups on carbonite (online). I may use this for small file recovery. But why would I want to spend days or hours recovering my files online, than just pull it off an off sight backup? Though I keep it as a worst case scenario.

Why should I have to Loose ANYTHING. I never understand that. If I can backup all my data, why shouldn't I? The deposit box backup drive is only 1TB.

Edited by warwagon, May 26 2012, 9:47pm :

n_K said,

You're actually an idiot if you can't see the irony in that sentance.

His arguments make about as much sense as his jokes.

I'm sorry but if megaupload was your only means of back up for important files then more fool you so don't go expecting the FBI to be very accommodating to your needs

Athlonite said,
I'm sorry but if megaupload was your only means of back up for important files then more fool you so don't go expecting the FBI to be very accommodating to your needs

So say you had a backup on dropbox and suddenly dropbox goes offline; the FBI has seized all their computers, and next thing you know, your pc kicks the bucket? What do you do...

Athlonite said,
I'm sorry but if megaupload was your only means of back up for important files then more fool you so don't go expecting the FBI to be very accommodating to your needs

And why is that? Not everyone thinks to use sites like that for piracy...

Athlonite said,
I'm sorry but if megaupload was your only means of back up for important files then more fool you so don't go expecting the FBI to be very accommodating to your needs

Someone used the service as it was intended and can't get their files back. I believe they have a case.

Athlonite said,
I'm sorry but if megaupload was your only means of back up for important files then more fool you so don't go expecting the FBI to be very accommodating to your needs

I Agree!

If they stored their ONLY copy of an IMPORTANT file on megaupload then they are an idiot plain and simple. You should only rely on online backups as a 3rd copy regardless of the backup service.

First copy on your computer
Second Copy on an external hard drive
Third copy online.

fmanchu said,

Someone used the service as it was intended and can't get their files back. I believe they have a case.

When I was looking for a service to backup my files, never once did I think "Oh I think i'll back all my files up to megaupload"! Good God in heavens no, who does that?!

Athlonite said,
I'm sorry but if megaupload was your only means of back up for important files then more fool you so don't go expecting the FBI to be very accommodating to your needs

Its quite funny if you think about it.

All this time the media has been saying that piracy is stealing. Actually, this is piracy. The media companies have had the files stolen by the FBI, and the owners now longer have them. This wasn't a simple, case of making a clone of all the data on the servers. This is full out, WTF You've stolen my copyright videos' moment.

"you wouldn't download a car" - so why you steal a server?

Athlonite said,
I'm sorry but if megaupload was your only means of back up for important files then more fool you so don't go expecting the FBI to be very accommodating to your needs

What wonders me is the fact that he owns a website right, why the hell didn't he store his files in his own server?

fmanchu said,

Someone used the service as it was intended and can't get their files back. I believe they have a case.
Did Megaupload tout itself as a backup service? I could be wrong but I do not think they did.

Athlonite said,
I'm sorry but if megaupload was your only means of back up for important files then more fool you so don't go expecting the FBI to be very accommodating to your needs

Personally I'd expect the US Agency FBI to eat a bag full of dick when it comes to legal data stored in New Zealand.

warwagon said,

First copy on your computer
Second Copy on an external hard drive
Third copy online.

Maybe the copy on their computer is wrong and they need to go back to an earlier version?
Maybe the external hard drive was stored round a friends house which was robbed recently, therefore leaving only one option.

Plenty of reasons to explain why you would need a copy from the Megaupload server. The US are just being morons over the whole thing.

necrosis said,
Did Megaupload tout itself as a backup service? I could be wrong but I do not think they did.

So, dedicated online backup service exists, you listen to their rubbish about 'its always online, 100% secure, will always have access to your files'... So, your pc kicks the bucket and WOW! FBI has SEIZED the servers of your backup company because apparently 'Sods Law Ltd.' was actually backing up warez! And they didn't know about it because all the backups are encrypted of course </s>. So now you've lost your pc, all your self-employed business data, all your clients and probably most the friends you had that respected you...

warwagon said,

When I was looking for a service to backup my files, never once did I think "Oh I think i'll back all my files up to megaupload"! Good God in heavens no, who does that?!


Absolutely. The whole thing makes no sense... And the point about this being his only backup is valid as well. Who does that??

M_Lyons10 said,
And the point about this being his only backup is valid as well. Who does that??

I know right, like, who has a back up anyway!

Seriously though, I've known enough people have years of family pictures, video clips, documents, music etc that have been wiped out due to a virus attack, or failed harddisk and sometimes plain old stupidity along the same lines of them not having any sort of backup in place at all.

So while the guy might not have the best backup with megaupload, at least he did backup his files.

Also, you have to remember that mega upload although it might seem 'dodgy' for the people who download warez and what not from them, there are people who used it legit and until it was taken down, and still is since he's not been proven guilty yet, a legit hosting company.


As for his website using the videos so that customers can download them. I'd assume they were put on mega upload to save him a bit of money in bandwidth costs, but thats just the first thing I could think of.
However, I've not really used megaupload much myself, so I could really just be talking out my ass.