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Old 11-06-12, 21:06   #1
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Default U.S. Govt: Megaupload Users Should Sue Megaupload

U.S. Govt: Megaupload Users Should Sue Megaupload

The U.S. Government says it’s in no way responsible for the millions of Megaupload users who have lost access to their files due to the criminal proceedings against the file-sharing site. Responding to a motion from one of the site’s users, the Government explains that no “irreparable harm” has been done. Instead of targeting the Government, disadvantaged users should sue Megaupload or its hosting company Carpathia for damages.

mega dataNearly half a year has passed since Megaupload’s servers were raided by the U.S. Government, and still there is no agreement on how former users can retrieve their files.

This prompted Megaupload user Kyle Goodwin, a sports reporter who used Megaupload to store work-related files, to take action. Helped by the EFF, Mr. Goodwin filed a motion in which he demands that the court finds a workable solution for the return of his data, and that of other former Megaupload users.

Previous attempts to come to a solution have all failed.

Hosting company Carpathia agreed to sell Megaupload the servers for $1,000,000 earlier this year, but the U.S. authorities objected to the plan. The Government did not want to unfreeze Megaupload’s assets so the data can be saved.

The MPAA also spoke out against the agreement, but stated last week that users could get their files back as long as copyrighted files remain inaccessible.

The U.S. Government, however, is asking the court to deny the motion of the Megaupload user. Mr. Goodwin has accused the Government of violating the constitutional rights of many innocent Megaupload users through the overbroad seizures of domains and servers, but the Attorney General Neil MacBride disagrees.

“The government does not possess any of Mr. Goodwin’s property, nor does it seek to forfeit it,” MacBride writes.

“The government also does not oppose access by Kyle Goodwin to the 1103 servers previously leased by Megaupload. But access is not the issue – if it was, Mr. Goodwin could simply hire a forensic expert to retrieve what he claims is his property and reimburse Carpathia for its associated costs.”

In other words, the Government says it no longer has control over the servers and that Megaupload users can access them whenever they want. The only problem is that this would cost thousands of dollars, if not more.

The Government doesn’t want to pay for a user data retrieval and doesn’t want Megaupload to pay for it either. The authorities already made backups of what they consider crucial data, and don’t mind if the severs are wiped clean. That Megaupload users lose their files is unfortunate, but the financial loss Mr. Goodwin claims is not considered to be “irreparable harm.”

“One reason that monetary loss does not constitute irreparable harm is that Mr. Goodwin has a legal remedy to recover any monetary losses,” MacBride writes.

“For instance, if Megaupload (by failing to maintain its leased servers with data he uploaded) or Carpathia (by terminating Megaupload’s lease and choosing not to continue to provide access to the servers) violated a term of service or other contract with Mr. Goodwin, he can sue Megaupload or Carpathia to recover his losses.”

Effectively, the U.S. Government is blocking the plans of Megaupload and Carpathia to reunite users with their data, and suggests that affected users like Mr. Goodwin should sue these parties to claim their losses. A rather unusual proposal.

The result is that a user data retrieval looks farther away than ever before.

Unless the court intervenes all existing 25 petabytes of data hosted by Carpathia may have to be destroyed. Currently, the hosting company is losing $9000 per day to keep the data intact.

Aside from the loss of user files that this mass-deletion brings along, Megaupload will also lose access to data that may help the company in its defense against the U.S. Government.

Isn't this interesting. The US government says we want the site shut down because Hollydud and the copywrong groups desire it. No attempt is really made to follow the law in the process. You can only serve a company a supena through an individual officer of the company. You can only do that for companies inside the US borders. All of which didn't happen in the Megaupload seizure. So at the start, the US has broken it's own laws to close and sieze the site.

The Copywrong industries are not interested in paying Carpathia the cost of $9,000 a day to store these servers now confiscated by the US government but they want the data retained so they can gather evidence and store that evidence for future use.

The US doesn't want the data retained, as it already has copies of the material. Destroying the original data is what the US government wants as it lays claim to child pornography being on the server data. Doesn't it strike you as strange that the US government, so high on eliminating child pornography, would wish the evidence destroyed for criminal acts? Of course that isn't the real reason behind why they want it destroyed. Also on those servers is camera footage of the raid, when it occurred. According to Kim Dotcom's lawyer in that footage is evidence of misconduct in preforming the raid and possibly evidence of foul deeds committed while carrying out the raid. None of which the US wants to surface.

Kim DotCom doesn't want the evidence destroyed because he doesn't have a copy of that data to defend himself. Kim has offered to buy the servers at a cost of $1 million dollars and Carpathia was willing to sell it to him to get rid of storage costs only to be objected by the Copywrong industry as well as the US.

Carpathia has appealed to the judge to make a ruling on what to do and how to get refunding for the cost of storing the evidence since the judge ordered all parties to come up with a solution and none are willing to compromise to make it happen.

In addition, one US citizen has his data stored on the servers and wants it back. It is digital film footage of high school girl soccer teams playing and it is his practice to produce highlight footage at the end of the year for the parents and to make demo tapes of players interested in obtaining athletic scholarships to fund higher education studies. Only his hard drive has crashed and his only back up was made a few months before the Megaupload site was seized.

The copywrong groups have played a cute one. They claim to have no objection to rightful owners getting their data...provided no copyright infringement files are moved. So how do you determine that? You can't depend on the copywrong groups, they will claim everything under the sun, as DMCA abuse has shown over and over again. No one else is equipped to rule on what is or is not copyright infringement. How do you tell out of the zillions of files, which might have a song in the background of a home video that would be claimed infringement? The answer is it's impossible to meet that demand and they know it.

So once again, it will take the judge making a rule on what to do. None of the parties are co-operating and have no desire to take the financial burden off Carpthia.

Here in this article is the US government saying they don't want to take responsibility despite the fact it is their actions that prevent those legal users of the site from obtaining their data. Saying that it is not a irreparable harm, is dancing around the issue, because of the one guy that has the soccer team footage on the servers. His is a timely issue, in that school is already out, the clock is ticking before colleges start their fall semester and he has to have time to build the demo tapes. He makes his living doing this and it is determinately irreparable harm to him if no one else steps forward. All in all a BS excuse, a stone wall, and a dance around the law, once again.

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