MegaUpload user's access to his legal data contested by DOJ

The US government apparently doesn't want MegaUpload's users to gain access back to the files they have uploaded onto the now shut down file sharing service, even if those files are totally legal and owned by the people who created them. News.com reports that in papers filed by the US Department of Justice on Friday, the government said it would request the judge in this case to deny a request by Kyle Goodwin to gain back access to his video files on the MegaUpload servers.

As we have reported before, 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 from his venture.

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, that was also the time that the US government shut down the MegaUpload site, claiming that the service was engaged in online piracy; Goodwin has been trying to get back his video files ever since.

Earlier this month, the The Motion Picture Association of America said it had no objection to allowing MegaUpload users like Goodwin to regain access to their legally obtained and uploaded files. However, the Justice Department's opinion is that if they allow Goodwin access to his files, it must allow any third party to ask that they gain back their property if a search warrant affects their access.

The filing states:

Mr. Goodwin's proposed solution is to have the government bear the financial cost of restoring his data. even if that means releasing assets of the defendants which are subject to mandatory forfeiture. Twenty-three years ago, the Supreme Court made clear that a criminal defendant does not have a right to use someone else's money to finance his defense.

The DOJ did suggest that Goodwin file a lawsuit against MegaUpload and the site's server host, Carpathia Hosting, as an alternative to retrieving his files.

Source: News.com

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