MPAA doesn't want MegaUpload to get its servers back

The Motion Picture Association of America told a federal court that it opposes any plan allowing MegaUpload to buy back its servers, and that it also opposes allowing former users to access their files if it means that pirated movies would be available again on the filesharing site, reports CNET.

The MPAA explained its uncompromising position in an eight-page response to a motion filed by Carpathia Hosting, which is the company that maintains MegaUpload's 25,000 former servers. Two weeks ago, Carpathia Hosting said that the maintenance costs of MegaUpload's servers had exceeded $500,000, and the company wants the court to either help out with mitigating those costs, or allow it to wipe the servers so they can be used elsewhere, presumably for paying customers who are not under federal investigation.

"There may unfortunately be users whose legitimate files are now caught up in the illegal activity of MegaUpload," the MPAA's motion read. "We are sympathetic to those users, although we do not know how many there actually are as the Goodwin brief only identifies one. However, if the court is willing to consider creating a receiver membership mechanism to allow retrieval of files it is essential that the mechanism include a procedure that ensures that any materials the users download are not files that have been illegally uploaded to their accounts."

MegaUpload's lawyer Ira Rothken previously said that the company needs access to its servers to defend itself. The MPAA's efforts to block such an action could therefore impede the defenses of Kim Dotcom and his six colleagues, who are expected to fight extradition attempts by U.S. authorities.

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It's pretty amazing how a single industry that employs so few people can exert so much influence on governments, policy, lawmaking, and legal systems around the world. Every government is in the pocket of the MAFIAA at the moment. It goes to show that the people have no real power and our democracies are merely a fa├žade, one which is for sale to highest corporate bidder. Disgraceful!

If you're a citizen here in the U.S., then you should be ashamed of yourself for having such a completely narrow minded view.

This boils down to what's more important, corporate interests or personal freedom. Corporations enjoy the profits made by doing business in a free society and the extra income that affords people to purchase their products in the first place. The privilege of operating a business is not a right and does not entitle any corporation to circumvent personal rights or freedoms, yet that's exactly what's happening because of their resources and political puppeteering.

Some file sharing will occur in a free society, but it's that very system that allows you to profit in the first place. This is sheer greed, their profits are just fine, they simply want more at the expense of your freedom too genius.

The mere fact that the MPAA has such a say in how the government should handle this is very telling in itself.

Whining about marginal losses that are routinely inflated to help cry foul and then having the gall to point your finger at people who think they should have everything for free is beyond ridiculous.

Your attitude is everything that is wrong with our country today and useful idiots like you who probably don't even profit personally very much just love to cheer it on. I wish I could reach through the internet and slap the **** out of you.

Hahaiah said,
.....

So lets get this straight, you are saying that because it is for money, they shouldn't have the right to defend their property? Are you nuts? How will anyone ever get ahead again if you don't have that basic right? You are saying that their profits are fine and because of that, they have no rights to defend their property? Where is the line for how much money you can make before you lose all rights? If that isn't set, under your view, I have no right to make any money. Lets use some common sense people. Taking rights away from one entity means taking rights away from everyone. Otherwise it's not equality. And don't bother with the ridiculous argument that cooperation are not people. Of course they are not people, but they pay taxes, and because of that, they have rights as an entity just like we do.

ILikeTobacco said,

...but they pay taxes, and because of that, they have rights as an entity just like we do.

So as long as a criminal enterprise pays taxes, they should have rights to do what they want? After all you are taking rights away from everyone not just the criminal...

schubb2003 said,

So as long as a criminal enterprise pays taxes, they should have rights to do what they want? After all you are taking rights away from everyone not just the criminal...


Everyone should have the right to do what is legal. Period. Nothing they have done has been illegal yet. If they did, they could be sued/jailed. There is a difference between being douches and being criminal. Please don't mix the terms. I would be a douche to anyone that is out to take away my property. Doesn't make me criminal.

ILikeTobacco said,

Everyone should have the right to do what is legal. Period. Nothing they have done has been illegal yet. If they did, they could be sued/jailed. There is a difference between being douches and being criminal. Please don't mix the terms. I would be a douche to anyone that is out to take away my property. Doesn't make me criminal.

Let's not be naive. Just because something is made legal, doesn't always make it right. They repeal laws all the time for that reason. Politicians/lawmakers are bought and paid for all the time and would sell out their own mothers if they could. It's only by people fighting back that we retain anything, but we still lose a little more every day, just look at your own personal liberties and freedoms that have disappeared in the past few years, excuse it all you want, they're still just as gone.

Hahaiah said,

Let's not be naive. Just because something is made legal, doesn't always make it right. They repeal laws all the time for that reason. Politicians/lawmakers are bought and paid for all the time and would sell out their own mothers if they could. It's only by people fighting back that we retain anything, but we still lose a little more every day, just look at your own personal liberties and freedoms that have disappeared in the past few years, excuse it all you want, they're still just as gone.

What are you going on about man? I have yet to lose any rights, liberties, or freedoms over the past few years. I am really curious now what you are referring to? Be specific please.

ILikeTobacco said,

What are you going on about man? I have yet to lose any rights, liberties, or freedoms over the past few years. I am really curious now what you are referring to? Be specific please.

Listen, if you're really that blind, I suggest you Google it and WTFU just a little bit. It's one thing to not have all the facts and make a hasty point about something, we all do it to some extent. It's another story if you're given more information and still cling to points that have been refuted ten different ways. Whether it's intentional or not, I don't know, but sorry, just don't have much use for you any more.

ILikeTobacco said,

What are you going on about man? I have yet to lose any rights, liberties, or freedoms over the past few years. I am really curious now what you are referring to? Be specific please.

HAHAHA, that has been the best yet. You post a video to YouTube, Viacom doesn't like it so they get it taken down...nothing you can do, they claim DMCA, and you have no recourse.

You get pulled over and record the cop, he takes you to jail for it, you get strip searched...Nothing you can do. Recording the cop is a grey area and is dependent on the jurisdiction. However the SCOTUS has ruled that you were breaking the law and in custody, in a police facility, so a strip search is completely legal.

The FBI slaps a GPS on your car for however long it takes them to get caught..well sucks to be you.
The same FBI simply calls and gets the data from all the cell towers in your area, without a warrant.

Yep, you haven't lost anything....hope that sand is warm on your ears, but keep in mind your arse is still sticking up outta the ground.

There seems to be a lot of hate going on here. I suspect this is because a lot of Neowin members like to watch films and listen to music they haven't paid a penny for, and consider it a human right to enjoy anything they want for free. Well, ladies and gentlemen, it is not a human right, never has been and never will be. These things don't make themselves, and the people who make them have to live too. And don't you think things of value are worth paying for?

That said, I do agree that the MPAA and RIAA et al have been backward in their ability to move into the current century in terms of accepting the idea of people accessing media online and through a range of devices other than just DVDs and cinemas. Hey, the whole industry has been slow to adapt. In the UK it is still technically illegal to copy music from a CD to your computer or iPod (though a change to that law is in progress and will remove that anachronism soon).

So where do we draw the line? I'd like to think people could be trusted to use file-sharing systems like MegaUpload without sharing valuable paid-for content with all and sundry, but as we have seen in the last 10 years, the public cannot be trusted to do that. Only three solutions exist:

1. Each such service needs strict monitoring systems to remove offending items (like YouTube does), or
2. The service must have a system for collecting an agreed subscription or amount per download which is somehow passed on to the people who create the content that is shared; or
3. The service needs not to be available.

I wish the world was a better place than that, but it isn't...

Timble said,
I suspect this is because a lot of Neowin members like to watch films and listen to music they haven't paid a penny for.

You are aware there are literally thousands of other avenues that are readily available for this very purpose. Right? The hate isn't directed at that at all. And your proposed system is bordering on the draconian limitations that these old ******* are counting on.

People like you make me seriously wonder if Human's have reached the peak of evolution. Not everything needs to be governed, no matter what "they" tell you. This is about control, and money; Not about them concerning themselves that they can't pay the guy who painted the sets. They can.

You sadden me sir, you really do.

astropheed said,

You are aware there are literally thousands of other avenues that are readily available for this very purpose. Right? The hate isn't directed at that at all. And your proposed system is bordering on the draconian limitations that these old ******* are counting on.

People like you make me seriously wonder if Human's have reached the peak of evolution. Not everything needs to be governed, no matter what "they" tell you. This is about control, and money; Not about them concerning themselves that they can't pay the guy who painted the sets. They can.

You sadden me sir, you really do.

Your attitude is the reason this problem exists. You have peaked maturity in regards to what it means to make/have anything. You can't fathom, for whatever reason, that the MPAA and RIAA exist because the entire entertainment industry pays them to exist. There is a reason for it. Just as Timble said, people like you think you have an inherent right to obtain other peoples work without paying for it. You use words like draconian because you think it makes you sound smart but it only shows that you have absolutely no business sense and are stuck in the mindset of a high school child. Supporting companies like MegaUpload only makes you out to be an immature punk that wants to stick it to the man. Just like the ones in high school, people like that are annoying and dismissed by the world.

This is about control and money and that is not a bad thing. People should not have access to anything they want without paying for it first. If there was no money in it, people wouldn't do it anymore. The best musicians of all time EVER all did it for money. Sure they loved music, but they still had to pay the bills. They aren't doing it for eternal glory or any other feel good fairy tell. If there were not making money they wouldn't survive in the real world, period.

People have the right to be paid for their work at whatever price they see fit. If you think something is too expensive, there is a solution for that. Don't use/get it. Problem solved.

The thing that saddens me is people like you with the mentality that the world owes you something.

ILikeTobacco said,

Your attitude is the reason this problem exists. ...

What about people like me? I am tired of being treated like a criminal on every DVD/BD I buy. DRM updates, restricted playback, etc.

Look into selectable output control...The MPAA/RIAA are now able to dictate what type of TV I have to buy if I want to watch VOD. You are right, the system is so very unfair to content owners.

schubb2003 said,

What about people like me? I am tired of being treated like a criminal on every DVD/BD I buy. DRM updates, restricted playback, etc.

Look into selectable output control...The MPAA/RIAA are now able to dictate what type of TV I have to buy if I want to watch VOD. You are right, the system is so very unfair to content owners.

What I said people like you, I mean people who believe organizations being about control and money is a bad thing. It isn't, it is simple smart business and like I said, lets not forget who pays the MPAA and RIAA to exist.

The MPAA/RIAA don't dictate that in any way, shape or form. The TV manufactures do. Every TV could stream video but they don't because its a selling point. Lets not make up facts here and confuse who is at fault for what.

Content owners should be allowed to dictate everything involving their content. Anyone who suggests otherwise doesn't understand the basics of how business works. The content is their product, service, property, and source of income. Nobody other than the content owner has any rights to it unless the content owner gives them those. Period. No and, if, or but about it. It is "draconian" to think that IP infringement is not possible and it's not stealing because the content is still there.

You are complaining about how the entertainment industry needs to get with the times while complaining that DRM somehow restricts you from doing something. Sounds to me like you need to get with the times. I have never seen a single piece of DRM that can't be bypassed with simple measures. The only other option for content holders is to do nothing. If you don't defend it, you effectively give up your rights to it.

ILikeTobacco said,

. . .

I don't use Megaupload, file sharing sites, and have legally obtained all of my videos, games, music. You have no idea the irony of your argument. It's incredible infact, I might be one of the last true old-school people who legally purchase things; And have no illusions of things (not mine) belonging to me.

What does belong to me, is the freedom to upload MY stuff to a website if I wish and not have it taken from me and assumed evil. Then not to have MY stuff moderated so I can get MY stuff back if I want to.

Oh and I use "Draconian", because it is. I'd get more into the irony of you insulting my business sense too, but it's midnight. And you're an assuming twit.

Wake up. You're brainwashed. Your liberties are leaving you, and you're DEFENDING it. Because, you know, we can't trust people.

astropheed said,

...

Then you are one of the few honest people left on this site. I am the same way and still buy everything. I don't even listen music/watch videos unless I know for a fact that the content owners allowed it online.

If you lose your content because of something like this, it only shows that you have bad business sense. Who does anything business related with any entity who everyone knows is involved in illegal activity? That is asking to get your stuff taken away.

I am brainwashed because I think that I have a right to make money from things I create as well as defend that right? You my liberties are leaving me in the same argument as saying I should give away my rights? That makes no sense on any level.

ILikeTobacco said,

The MPAA/RIAA don't dictate that in any way, shape or form. The TV manufactures do. Every TV could stream video but they don't because its a selling point. Lets not make up facts here and confuse who is at fault for what.

You are complaining about how the entertainment industry needs to get with the times while complaining that DRM somehow restricts you from doing something. Sounds to me like you need to get with the times. I have never seen a single piece of DRM that can't be bypassed with simple measures. The only other option for content holders is to do nothing. If you don't defend it, you effectively give up your rights to it.

Awesome, you talk about circumventing DRM while decrying the very act. So you say break the law because they should be able to do whatever they want with their content. Here is the deal, I bought a disc to watch, I absolutely should be allowed to watch that whenever, wherever, on whatever I want.

As to the TV, maybe you should read up on SOC, you don't have HDMI w/HDCP, too bad, you can't watch VOD from the cable company. Basically, they now have the ability to get rid of composite, component, and non-encrypted HDMI connections.

schubb2003 said,

Awesome, you talk about circumventing DRM while decrying the very act. So you say break the law because they should be able to do whatever they want with their content. Here is the deal, I bought a disc to watch, I absolutely should be allowed to watch that whenever, wherever, on whatever I want.

As to the TV, maybe you should read up on SOC, you don't have HDMI w/HDCP, too bad, you can't watch VOD from the cable company. Basically, they now have the ability to get rid of composite, component, and non-encrypted HDMI connections.

It is not against the law to circumvent DRM. Stop making up lies please.

"The Motion Picture Association of America told a federal court that it opposes any plan allowing MegaUpload to buy back its servers"
---
Did anyone actually think they would not attempt to oppose this?

knighthawk said,
"The Motion Picture Association of America told a federal court that it opposes any plan allowing MegaUpload to buy back its servers"
---
Did anyone actually think they would not attempt to oppose this?

Of course not, people expected them to be nice and not go after companies that blatantly step on the rights of the organizations that pay for the MPAA and RIAA. Those companies don't have rights after all right? Seems to be everyone's opinion here.

Why the heck is it that the MPAA and the RIAA absolutely refuse to join the current century?!

On top of being dumber than dirt, they are so far behind the times, they will never catch up.

As far as anyone here saying they will never buy or watch another movie as astropheed did, most people don't have a clue who the MPAA is, let alone how f***ed up they are!

cork1958 said,
Why the heck is it that the MPAA and the RIAA absolutely refuse to join the current century?!

On top of being dumber than dirt, they are so far behind the times, they will never catch up.

As far as anyone here saying they will never buy or watch another movie as astropheed did, most people don't have a clue who the MPAA is, let alone how f***ed up they are!

You do realize the entertainment industry is who is funding these organizations right? You are actually complaining about them in the same post. Considering their purpose is to make money, are you really suggesting they "catch up" and stop making money? This is about them not getting paid for their work. While I am sure most of us can agree that the quality of work has been declining, they still deserve the right to be paid for it. If getting paid for your work is a bad thing, how do you explain the paycheck you get at the end of the month? Maybe you should catch up to the times and work for free, as per your suggestion?

ILikeTobacco said,

You do realize the entertainment industry is who is funding these organizations right? You are actually complaining about them in the same post. Considering their purpose is to make money, are you really suggesting they "catch up" and stop making money? This is about them not getting paid for their work. While I am sure most of us can agree that the quality of work has been declining, they still deserve the right to be paid for it. If getting paid for your work is a bad thing, how do you explain the paycheck you get at the end of the month? Maybe you should catch up to the times and work for free, as per your suggestion?

I don't think that's what he's trying to say. For the record, before I say anything, I am against piracy, but I think if you look at the reasons that people do pirate materials, you'll see that a lot of it has to do with the archaic business models of the entertainment industry. The refusal to adopt reasonable digital distribution models will ultimately be their downfall, with or without government involvement, the market will eventually work itself out. They will starve long before their customers, unless they make it possible for someone to get a show without waiting a year for it or buying an entire network to go with it.

THolman said,

....

I think people aren't understanding how the business/legal world works. Should the entertainment industry change the way it does business? Of course. What people seem to expect here though is for them to give up all their rights at once. This is one of those transition periods where you have two sides fighting to gain the most ground before the battle is over. The rules are being set based on what happens in the near future and if the entertainment industry doesn't fight at all for it's side, they will be left in a position that is impossible to make money with.

Another thing people don't realize, and this goes back to maturity and the general mentality of society today, is that fighting one wrong with another wrong will never work. There are legal avenues to use that will force the entertainment industry to change. Pirating materials isn't going to make them change in a way that they will like. The entertainment industry will continue to crack down on pirates because they can. Right now they can blame the decrease of sales on pirates, not the fact that their business model sucks or their content itself is sucking more and more. If people were not stealing their content, they would be forced to face that fact. As long as people steal it, they will continue operating under the illusion that pirates are the reason they are losing money.

cork1958 said,
Why the heck is it that the MPAA and the RIAA absolutely refuse to join the current century?!

On top of being dumber than dirt, they are so far behind the times, they will never catch up.

As far as anyone here saying they will never buy or watch another movie as astropheed did, most people don't have a clue who the MPAA is, let alone how f***ed up they are!


The church must run both organizations, that would explain a lot..

The actions of the MPAA are honestly disheartening, but similar to the villain in one of their own movies. They have already lost, they just don't know it yet, and are reaching out desperately in an attempt to cause as much collateral damage as possible before they go down.

The biggest benefit of their actions is that they serve to advocate piracy of their own materials. Similar to the debate about the legality of magnetic cassette tapes in the 80s, the law eventually catches up and fixes things. It may seem like ages ago, but before the betamax trial, a person could be put -in jail- for even owning a blank magnetic tape.

Think about how draconian that is - owning a tape that could be used for piracy was illegal. This turned out so bad we ended up getting the Audio Home Recording Act - http://en.wikipedia.org/wiki/Audio_Home_Recording_Act

It was pretty much a precursor to the DMCA, but since Sony and Philips actually cared about being able to sell blank cassettes (I bet they regret that now...) it didn't have anywhere near the horrible penalties for copyright infringement based on hearsay. That's why the DMCA later on introduced the archaic measures that are flooding the legal system at the moment.

This will stop as soon as a company gathers enough interest to actually stand on the side of consumers. More or less, after the MPAA and RIAA become destitute financially, or a company sues them, whichever comes first.

The fact that this news article even exists is more than enough proof that your freedom on the internet has now been completely severed. It has been for quite a while, and I heard nay-sayers all along. But that's it, I fold, welcome to the new Internet. There is no denying it now.

I feel cold, and alone. I will never purchase a movie distributed from any major American distribution channel ever again. The fact that you want to monitor every file being returned to the author because you have such little faith in people just goes to show you've fully disconnected from humanity, you are ONLY about money.

I'll allow businesses being about money, it's the reason they exist, but compassion must also exist. Even slightly, sometimes. Your "symapthies" are just "excuses" to not give a damn.

MPAA, go F yourself.

This is exactly what the MPAA wants. Win or lose in the trial, it doesn't matter.

They just want to starve their enemies. Right and wrong does not matter anymore; only who can outlast who in a legal battle.

dud said,
This is exactly what the MPAA wants. Win or lose in the trial, it doesn't matter.

They just want to starve their enemies. Right and wrong does not matter anymore; only who can outlast who in a legal battle.

Fortunately, the judge actually does need to consider the issues at hand, whether the MPAA and its corporatist thugs like it or not.

dud said,
This is exactly what the MPAA wants. Win or lose in the trial, it doesn't matter.

They just want to starve their enemies. Right and wrong does not matter anymore; only who can outlast who in a legal battle.

And just the lawyers are making money...

dud said,
This is exactly what the MPAA wants. Win or lose in the trial, it doesn't matter.

They just want to starve their enemies. Right and wrong does not matter anymore; only who can outlast who in a legal battle.

I say sue MPAA until they bancrut refunding all users for their lost files!!!

DaveBG said,

I say sue MPAA until they bancrut refunding all users for their lost files!!!

The only entity that can be legally sued for the lost files is MegaUpload. Their customers paid MegaUpload for the service and MegaUpload turned around and used those funds to promote illegal activities. If MegaUpload is found guilty, the customers have the right to sue them. Piracy is still illegal. Lets not forget that regardless of if you are for or against it.

ILikeTobacco said,
Piracy is still illegal.

I don't know anyone else though I am unaware of MegaUpload killing anyone or sinking anyone's ships

ILikeTobacco said,
MegaUpload turned around and used those funds to promote illegal activities. If MegaUpload is found guilty, the customers have the right to sue them. Piracy is still illegal. Lets not forget that regardless of if you are for or against it.

Megaupload did not promote piracy any more than someone who rents out storage units promotes automobile theft. They STORE FILES. They don't post links to copyrighted content.