Megaupload User Asks Court To Return The Legitimate Files He Uploaded To Megaupload

from the megamess dept

We've already discussed the ongoing fight about what happens to all of the content that was stored on Megaupload's servers. It's actually a case of strange bedfellows: the US government says they're done with the servers (which seems odd, since the content would appear to be evidence in a criminal case, but the feds seem to want it to disappear). Carpathia -- the hosing company spending $9,000 per day to hang onto the servers -- would like to stop having to pay that money. Megaupload wants to preserve it, saying that it will help it win its case. The MPAA wants to preserve it so that it might use the data to sue more people. And the EFF wants to save it because it notes that there's a lot of legitimate content there that people can't access any more.

To that end, the EFF has helped a guy in Ohio file a request with the court to preserve the data, noting that it's important to his business. The guy in question was filming school sports around Ohio and used Megaupload as a way to backup those files. Because of a hard drive crash just before the feds took down Megaupload, the guy has lost a bunch of his videos. As the EFF notes in its filing (pdf and embedded below):
It is one thing to take legal action against an alleged copyright infringer. It is quite another to do so at the expense of entirely innocent third parties, with no attempt to prevent or even mitigate the collateral damage.

That is what has happened here. When the government shut down Megaupload, it was one of the 100 most popular websites in the world, with reportedly 150 million registered users. One of those users, Kyle Goodwin, had recently started a business reporting on local high school sporting events across Ohio. In addition to backing up his files on a hard drive, Mr. Goodwin joined many others like him in placing his files on Megaupload’s servers, paying for a premium account, and taking advantage of the remote backup cloud-based system for storage and remote access to an unlimited number of files.
I'm still amazed that the feds went through with this takedown, rather than telling the MPAA to file a civil lawsuit for copyright infringement against Megaupload.


Reader Comments (rss)

(Flattened / Threaded)

  1.  
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    That Anonymous Coward (profile), Apr 2nd, 2012 @ 2:12pm

    When you have a former BSA lawyer to run the case for you from his government position, why not run with it?

    Pretty sure this is why they wanted the servers wiped, they wanted to make sure no case like this would ever come to light. Showing that there were perfectly legit uses for the service, and innocent bystanders were screwed by the actions.

    The narrative is that the entire site was nothing by infringing material, there was no use but to steal dollars from the poor **AA's. The emails showing them trying to cut deals to get their content placed on Mega, the special access they were given paints a much different picture.

    It is a pity we are denied finding out about the special "deal" UMG has with Google/YouTube right now. It would be nice to be able to show they are running wild removing content with no legal basis other than we've got money and are willing to sue you out of business unless you give in.

    Given how WB admitted in the HotFile case they were abusing their access to remove their content to take down others content, noninfringing material, and programs they just didn't like I think there is a clear pattern of the cartel abusing the systems to get their way time and time again.

     

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  2.  
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    Anonymous Coward, Apr 2nd, 2012 @ 2:23pm

    Legitimate files exist?

    LETS CLAIM COPYRIGHT ON THEM

    RIGHT ON, BROTHER!

    BROFIST!

     

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  3.  
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    Anonymous Coward, Apr 2nd, 2012 @ 2:24pm

    Re:

    Damnit, that was meant to be a back-and-forth between the MPAA and RIAA but the format dissapeared. D:

     

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  4.  
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    Anonymous Coward, Apr 2nd, 2012 @ 2:31pm

    Been burned too brother. Always preview.

     

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  5.  
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    Anonymous Coward, Apr 2nd, 2012 @ 2:32pm

    Re: Re:

    Fixed;


    MPAA: Legitimate files exist?

    RIAA: LETS CLAIM COPYRIGHT ON THEM

    MPAA: RIGHT ON, BROTHER!

    RIAA: BROFIST!

     

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  6.  
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    Anonymous Coward, Apr 2nd, 2012 @ 2:32pm

    "Because of a hard drive crash...". He should have also backed up to removable media.

     

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    wallow-T, Apr 2nd, 2012 @ 2:32pm

    Mike wrote:

    "I'm still amazed that the feds went through with this takedown, rather than telling the MPAA to file a civil lawsuit for copyright infringement against Megaupload."

    Between the Megaupload seizure (complete with antiterrorist police in New Zealand) and the Richard O'Dwyer extradition, I have become convinced that powers of the US Justice Department has been turned over to the most vindictive elements of the copyright industry.

    "If we think you're f*cking with our copyrights, we will make sure you are well f*cked."

     

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  8.  
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    :Lobo Santo (profile), Apr 2nd, 2012 @ 2:34pm

    Re: Yeeeahhhhh!

    Megaupload was, in this case, removable.

     

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  9.  
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    Anonymous Coward, Apr 2nd, 2012 @ 2:35pm

    Re:

    "Pretty sure this is why they wanted the servers wiped, they wanted to make sure no case like this would ever come to light. Showing that there were perfectly legit uses for the service, and innocent bystanders were screwed by the actions."

    Not only that but if they had succeeded in wiping them quickly then all the arguments for and effort that will be needed to go through 25 petabytes of data to return the legitimate files to their owners would be moot. And since you can't really sue the government for damages due to their reckless behavior, the issue would effectively be dead.

     

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  10.  
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    Anonymous Coward, Apr 2nd, 2012 @ 2:36pm

    Re:

    He facilitated what's called an 'offsite backup' using a paid service.

    You are a moron.

     

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    weneedhelp (profile), Apr 2nd, 2012 @ 2:36pm

    Re:

    Shoulda, coulda, woulda, but didnt. He backed them up to the Cloud, and in one swift DOJ breeze, it was blown away.

    Your comment should have been better. Shoulda, coulda, woulda, but was not.

     

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    Anonymous Coward, Apr 2nd, 2012 @ 2:38pm

    The court needs to order the MPAA to pick up the hosting fees.

     

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    Anonymous Coward, Apr 2nd, 2012 @ 2:40pm

    Silly Mike, civil court is for kids.

    "I'm still amazed that the feds went through with this takedown, rather than telling the MPAA to file a civil lawsuit for copyright infringement against Megaupload"

    " When the government shut down Megaupload, it was one of the 100 most popular websites in the world, with reportedly 150 million registered users."

    Look at that 150 MILLION COPYRIGHT IFRINGERS! What was the government supposed to do? All those people committing copy fraud that was putting people lives in danger with faulty smoke detectors made in a foreign country. That is akin to 150 MILLION PEOPLE STEALING BABIES!!! How dare you doubt that our government would do anything that is not in the best interest of the people. They are trying to protects us all from the big bad scary people. So what if this one guy backed up his own files. HE WAS, WITHOUT A DOUBT, DOWNLOADING THINGS THAT WERE INFRINGING. What about the Publicity rights of the people he was reporting on. Did he pay them for each time the file was uploaded or downloaded? HOW DARE HE STEAL FROM CHILDREN.


    I think that about covers it.

    In case you are unable to tell the above is Sarcasm. I absolutely believe that the feds waited till now because it is a major election year. Now they can point back and say "See how much we did to protect YOUR INTELLECTUAL PROPERTY! VOTE FOR ME!"

     

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  14.  
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    Jeremy2020 (profile), Apr 2nd, 2012 @ 2:45pm

    Re:

    That gets lost in this. While they're fudging around, an innocent American company is picking up the tab. How long can their host afford to just keep tossing money down the drain.

     

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    Anonymous Coward, Apr 2nd, 2012 @ 2:51pm

    Re: Silly Mike, civil court is for kids.

    In case you are unable to tell the above is Sarcasm. I absolutely believe that the feds waited till now because it is a major election year. Now they can point back and say "See how much we did to protect YOUR INTELLECTUAL PROPERTY! VOTE FOR ME!"

    But they won't say that... at least to the public. They will say THIS to the MPAA:

    "See how much we did to protect YOUR INTELLECTUAL PROPERTY! Now GIVE ME YOUR MONEY so I can tell everyone else to VOTE FOR ME!"

     

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    Anonymous Coward, Apr 2nd, 2012 @ 2:51pm

    Re: Re:

    Indeed. Offsite storage is the best kind. Any recovery specialist will tell you the same thing. The farther you can get the back up from you the better. That way in the event of a catastrophic accident, it is less likely that you will loose your data.

     

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  17.  
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    Anonymous Coward, Apr 2nd, 2012 @ 2:52pm

    Wow! $9k per day just to "store" the data. That's over $3M per year.

    Here! I've got a new invention. For only $1M per year, you can write all your data to my rock, er..., to my high-tech data storage device that looks like a rock. You'll have just as much access to your data as you do to the stuff on Megaupload's servers, but at only a third the cost! Cash only, please.

    Some people put their data in the cloud where it can just blow away. Get a piece of the rock!

    (oops! did I just trample on someone's trademark?) ;-)

     

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  18.  
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    Anonymous Coward, Apr 2nd, 2012 @ 2:54pm

    Re: Re:

    I hope that the defense can somehow provide concrete proof that the MPAA is behind the whole thing. Then Carpathia can use it to file a suit to recover the damages.

     

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  19.  
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    :Lobo Santo (profile), Apr 2nd, 2012 @ 2:55pm

    Re: ~.~

    Nothing to worry about, I am aware of no pro wrestlers/actors who go by the name "The Cloud".

     

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  20.  
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    Anonymous Coward, Apr 2nd, 2012 @ 2:55pm

    Just out of curiosity, has there been any published report of the volume of infringe vs. non-infringing content on the Mega servers?

     

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  21.  
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    Anonymous Coward, Apr 2nd, 2012 @ 2:56pm

    Re: Re: Re:

    As well as MegaUpload for that matter.

     

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  22.  
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    Anonymous Coward, Apr 2nd, 2012 @ 2:58pm

    Re: Re: Silly Mike, civil court is for kids.

    Man, I always miss something. Who has a Delorean that I can use to correct my comment?

    http://xkcd.com/567/

     

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  23.  
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    Anonymous Coward, Apr 2nd, 2012 @ 2:59pm

    Re:

    One infringing file is too much. Like letting one innocent man die in the death chamber is too much.

    Death to pirates!

     

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  24.  
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    Anonymous Coward, Apr 2nd, 2012 @ 2:59pm

    Re:

    "Just out of curiosity, has there been any published report of the volume of infringe vs. non-infringing content on the Mega servers?"

    Considering the only people who claim anything on MegaUpload is "infringing" is the government, why not ask them?

     

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  25.  
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    Weng Waata, Apr 2nd, 2012 @ 3:01pm

    Where's the freedom?

    Why megaupload didn't have a fair judgement? where are your laws?

     

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  26.  
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    Rikuo (profile), Apr 2nd, 2012 @ 3:02pm

    Re:

    Nope, because its impossible to do.
    First off, in their current state, no-one can access the servers. They were MU's, but they were seized, and now apparently the US government doesn't want them anymore. Carpathia can't access them, because they're not blank. There's private information on there, which Carpathia has no right to look at.
    Second, there's no way to determine if a file is infringing. Remember the Viacom v Youtube case? Viacom sued Youtube over files it itself had uploaded! For someone to determine if a file is infringing, they would have to look at each file individually, track down the copyright holder (if one exists) and then ask him/her.
    Plus, at least in the US, its legal to infringe on copyright if its fair use - too bad for fair use to be declared, it has to done as a defense in a trial, not declared beforehand.

     

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  27.  
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    :Lobo Santo (profile), Apr 2nd, 2012 @ 3:05pm

    Re: Re: P-Words

    Proof??

    You want PROOF from your benevolent gub'ment?

    What are you, a commie? A hippie perhaps? Get outta here!

    /troll

     

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  28.  
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    Mike Masnick (profile), Apr 2nd, 2012 @ 4:02pm

    Re:

    Just out of curiosity, has there been any published report of the volume of infringe vs. non-infringing content on the Mega servers?

    Just out of curiosity, was there any published report on the volume of infringing vs. non-infringing content view on VCRs when Sony was sued over the Betamax?

     

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  29.  
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    Anonymous Coward, Apr 2nd, 2012 @ 4:10pm

    I have to say that anyone using a "free" backup service pretty much got all of the service they paid for. I don't think he has a particular legal leg to stand on, considering the cost of the service, and that generally there are no guarantees on this sort of thing.

    That the feds shut it down doesn't really make much of a difference, the service could have been shut down because Fat Kim got a cold and they would have no comeback at all.

     

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  30.  
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    PRMan, Apr 2nd, 2012 @ 4:16pm

    Re: Re: Re: Re:

    Megaupload already agreed to keep paying for it if all their worldwide assets weren't frozen.

     

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  31.  
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    PRMan, Apr 2nd, 2012 @ 4:19pm

    Re:

    I guess you missed the part where it was a PAID backup.

     

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  32.  
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    Anonymous Coward, Apr 2nd, 2012 @ 4:23pm

    Re: Re:

    A nice non-answer. I guess you don't like the real answer, do you?

     

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  33.  
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    Anonymous Coward, Apr 2nd, 2012 @ 4:24pm

    Re: Re:

    No, read again! The storage was free, the premium account is to allow for faster, unblocked downloads.

    Mega didn't charge for storage, only access.

     

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  34.  
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    Anonymous Coward, Apr 2nd, 2012 @ 4:26pm

    Re: Re: Re:

    Says the guy selling deceit.

     

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  35.  
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    Anonymous Coward, Apr 2nd, 2012 @ 4:27pm

    Re: Re: Re:

    Premium ALSO gave much higher storage space allowances, but I guess that doesn't factor in.

     

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  36.  
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    Anonymous Coward, Apr 2nd, 2012 @ 4:31pm

    Re:

    You really don't see a difference between a company going under on its own and a company being shut down by the federal government?

    Your willful delusions are hilarious.

     

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  37.  
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    lucidrenegade (profile), Apr 2nd, 2012 @ 5:07pm

    Re:

    Your mother should have had an abortion.

     

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  38.  
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    lucidrenegade (profile), Apr 2nd, 2012 @ 5:10pm

    Re: Re: Re:

    Pay no attention to the retard behind the curtain!

     

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  39.  
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    fogbugzd (profile), Apr 2nd, 2012 @ 5:21pm

    Re: Re:

    I think the more important question is whether there was any data on the ratio of infringing/non-infringing material BEFORE the takedown happened. The only thing that seemed to matter in the case is the MPAA/RIAA saying that the site was predominantly infringing, and the DOJ pulled the plug without any consideration of broader public issues.

    As noted elsewhere, it is hard to distinguish between infringing and non-infringing, but it should have at least been possible to get a rough estimate of the amount of clearly non-infringing material and how many legitimate users would have been taken down as collateral damage. I doubt that there was even an effort made to get an accurate measurement by the Justice Department. Most likely they just got marching orders from their MPAA Overloards.

    I would hope that this case makes it very clear that there is collateral damage to legal and legitimate users on these takedowns. In some cases a lot of collateral damage. It would be interesting if the judge in this case issued an injunction against the Justice Department forbidding more takedowns until the amount of non-infringing use can be evaluated by someone outside of the MPAA/DOJ cabal.

     

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  40.  
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    The Devil's Coachman (profile), Apr 2nd, 2012 @ 5:23pm

    Re: Re:

    I would have provided the coat hanger.

     

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  41.  
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    The Devil's Coachman (profile), Apr 2nd, 2012 @ 5:29pm

    Re: Re: Re: Re:

    Actually, pay a lot of attention to him, as in kicking the snot out of him. And stomping his dentures out on the curb. And scalping him with a pair of chopsticks. Gouging his eyes out with a wooden spatula. There's a lot of attention that needs to be paid to loser lame-ass morons whose mothers were prostitutes on donkey ranches.

     

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  42.  
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    V (profile), Apr 2nd, 2012 @ 5:33pm

    Didn't you know?

    Didn't you know...

    Feds = MPAA now

    Or, at least, the Feds are now effectively the Big Media's enforcement branch... bought and paid for through contributions and lobbyists.

    Sad... but true... the government is no longer by the people and for the people... it's BUY the people and for whomever pays the most.

    Anyone who tells you differently... is obviously paid off already.

     

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  43.  
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    That Anonymous Coward (profile), Apr 2nd, 2012 @ 6:13pm

    Re:

    The indictment only listed 2.
    Both uploaded by Dotcom from his personal machine, to facilitate testing a new feature.
    The links were never made public or downloaded.

    The indictment claims many many files, but fails to list them.
    The indictment claims billions in losses, but gives no explanation of the methodology used to reach those numbers.

    Shouldn't the burden of proof be on the Government to prove its case and provide these stats?
    It seems awfully convenient they offer no no "real" hard proof of anything, instead opting to use smoke and mirrors to give the illusion of wrong doing.

    Mega and Dotcom et al. have no access to the data and can not provide that information currently, the Government pushed to have the data destroyed before the first hearing in the case. The Government was/is in full control of Mega and could have easily provided a list, and opted not to. I wonder if that might have anything to do with files being uploaded to "prove" they were an evil pirate hub by those who stand to gain financially with the demise of Mega who expect to file a slam dunk civil lawsuit to pick over the carcass.
    I do hope they have learned from the Limewire lawsuit that suing for more money than their industry has earned since its inception will get them laughed out of court. Demanding damages in the trillions shows a tenuous grasp of reality.

    So as you want to pretend you know the answer and its all infringing, what are your numbers. Keep in mind the EFF has a long and growing list of people who had their own personal files seized and slated for destruction. And that would most likely be only the English speaking users of the site.

    Oh and because I can play concern troll too...
    What about all the the pictures and videos our military men and women were sending home via Mega. Do you want to have to tell a child the last video of daddy saying "I love you" before the IED took him away had to be destroyed to save the world from someone maybe seeing a movie without paying for it? Because it was to hard to figure out it wasn't a major motion picture. Thanks for your double sacrifice to keep the country strong.

     

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  44.  
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    Jamie, Apr 2nd, 2012 @ 6:22pm

    Re: Re:

    "One infringing file is too much. Like letting one innocent man die in the death chamber is too much."

    Oops, I see you have a parking fine. That means you've broken one law, and nobody should break any laws. You must be jailed for life.

    Yes, it's hyperbole, but it follows the same line of reasoning: if someone can get away with a small crime, they should be punished for the worst crime because any crime is too much.

    And this doesn't take into account the legal protections that MU has under the law. As a service provider, they are not liable for the actions of their users. Even if they are aware on infringing files, they are only liable for those specific infringing files and not for the fact that other files may be infringing.

     

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  45.  
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    Anonymous Coward, Apr 2nd, 2012 @ 6:27pm

    Re:

    One should never use his hard drive as a storage device for...important things. And if you've ever seen "Capturing The Friedmans", you know not to hide stuff behind a piano. It may seem like a good idea, but the cops are onto it.
    Just sayin'...

     

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  46.  
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    MrWilson, Apr 2nd, 2012 @ 7:08pm

    Re: Re: Re:

    And the state of Virginia would have provided the invasive transvaginal ultrasound!

     

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  47.  
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    Jamie, Apr 2nd, 2012 @ 7:17pm

    Re: Re: Re:

    "A nice non-answer. I guess you don't like the real answer, do you?"

    The non-answer shows that the real answer doesn't matter, as it has no bearing on the case.

    All that matters here are that there were substantial non-infringing uses for the technology, even if a significant number of users of that technology used it to infringe. That's the precedent that was set in Sony v Betamax, and is the precedent that should apply here.

     

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  48.  
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    Anonymous Coward, Apr 2nd, 2012 @ 7:20pm

    Re: Re: Re:

    The Hotfile report was all wrong apparently.
    It was also debunked, if people take a look at what the Feds actaully did there some people may come up with a totally different number.

     

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  49.  
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    Anonymous Coward, Apr 2nd, 2012 @ 8:36pm

    Response to: Anonymous Coward on Apr 2nd, 2012 @ 2:52pm

    Dude. It's 25 PETABYTES. That's fucking huge. $9K isn't unreasonable.

     

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  50.  
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    Anonymous Coward, Apr 2nd, 2012 @ 8:47pm

    Re: Re:

    Besides with 25PB that would take A LONG TIME especially with more than one URL pointing to the same file where some may be infringement and others not. Can you imagine how big it would have been had they just had a traditional upload where every upload had individual files?

     

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  51.  
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    Anonymous Coward, Apr 2nd, 2012 @ 8:50pm

    Response to: Anonymous Coward on Apr 2nd, 2012 @ 4:10pm

    He was paying for the premium account jackass. RTFA

     

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  52.  
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    Anonymous Coward, Apr 2nd, 2012 @ 8:54pm

    Re: Re: Re:

    Now DAMN! THAT was cold!

     

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  53.  
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    Anonymous Coward, Apr 2nd, 2012 @ 9:03pm

    Re: Re:

    Yeah that will play to middle America. It just will take one credible story like that one and this powderkeg will blow sky high right in their faces. Wanna start thinking about collateral damage now? Idiots.

     

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  54.  
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    Anonymous Coward, Apr 2nd, 2012 @ 9:10pm

    Re: Re: Re:

    And with 25PB of data there and the site being as well known as it is I'd say odds aren't bad on a credible story like that surfacing.

     

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  55.  
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    Anonymous Coward, Apr 2nd, 2012 @ 9:47pm

    Re: Re: Re:

    "A nice non-answer. I guess you don't like the real answer, do you?"

    And the "real" answer is what, boy?

     

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  56.  
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    PaulT (profile), Apr 3rd, 2012 @ 1:09am

    Re: Where's the freedom?

    "where are your laws?"

    In the pockets of the people who most stand to profit from this kind of action.

     

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  57.  
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    G Thompson (profile), Apr 3rd, 2012 @ 1:19am

    Re:

    The government has now placed your rock into a device to convert it into pebbles for the new path at the WhiteHouse that the MPAA wanted for there representatives to not get muddy feet.

    This is called Imminent Domain. so sad, your rock is now tiny, but hey the info is still there just unusable and impossible to put back.

     

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  58.  
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    Anonymous Coward, Apr 3rd, 2012 @ 2:19am

    Re: Re:

    Translation: "I'm intellectually dishonest".

     

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  59.  
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    Anonymous Coward, Apr 3rd, 2012 @ 3:00am

    What I would like to see is users suing the feds en masse for seizing their legitimate files.

     

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  60.  
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    Anonymous Coward, Apr 3rd, 2012 @ 3:59am

    Response to: Anonymous Coward on Apr 3rd, 2012 @ 3:00am

    You can't, at least not for damages.

     

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  61.  
    identicon
    Anonymous Coward, Apr 3rd, 2012 @ 5:14am

    Re: Re: Re: Re: Re:

    Yes, that's exactly what the Nazis did to people who didn't agree with them.

    Congrats. Your jackboots are in the mail.

     

    reply to this | link to this | view in thread ]

  62.  
    identicon
    Anonymous Coward, Apr 3rd, 2012 @ 5:41am

    Old techies never die...

    They just ascend to the cloud...but MY data is dam well staying local!

     

    reply to this | link to this | view in thread ]

  63.  
    icon
    Machin Shin (profile), Apr 3rd, 2012 @ 6:03am

    Re: Re: Re:

    Yeah, the guy was prepared for catastrophic accident, too bad it was impossible to prepare for the governments catastrophic stupidity.

     

    reply to this | link to this | view in thread ]

  64.  
    icon
    Machin Shin (profile), Apr 3rd, 2012 @ 6:08am

    Re: Re:

    I really question the "cost" of keeping this anyways. The site is not getting used and all they want is to keep the data. How does it come to $9,000 a day to have a server siting turned off? It is taking up space but should not really be using any power or other resources. The only costs I see are in the space.

    You then have limited argument on how much they "could" be making if they could use the servers but arguing that is much like the movie industries arguing losses to piracy. It is impossible to really know how much is or isn't lost.

     

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  65.  
    identicon
    Anonymous Coward, Apr 3rd, 2012 @ 6:45am

    Re: Re: Re:

    " It is impossible to really know how much is or isn't lost."

    It's what they would charge to rent out that server space and probably the dedicated line MU ran on. So they are paying bills on a T1 and have 25 petabytes sitting around not getting paid for. That is a lot of racks tacking up a lot of space just to collect dust. Not to mention rent on the facilities they are housed in, AC ect ect.

    So part of that bill is money they are actually spending. The other part is the potential for profit. Sure you could argue they might not be able to rent all that space but they could certainly rent some. And they are paying money out of pocket to keep those servers idle, quite a bit of money.

     

    reply to this | link to this | view in thread ]

  66.  
    identicon
    Anonymous Coward, Apr 3rd, 2012 @ 6:53am

    Re: Re:

    "Like letting one innocent man die in the death chamber is too much."

    What about taking files away from millions of businesses and legitimate customers? Is that too much? Or is it ok because it also catches some infringers in the net?

    If its ok could we nuke the state of texas? Sure there are some innocent people there but surely if we kill them all we will get some rapists, pedos and murders. So it all evens out right?

    And you were probably being sarcastic right?

     

    reply to this | link to this | view in thread ]

  67.  
    identicon
    Anonymous Coward, Apr 3rd, 2012 @ 6:55am

    Re: Re: Re:

    The real answer, that we don't know and its probably impossible to accurately measure? Yes that keeps me up at night....

     

    reply to this | link to this | view in thread ]

  68.  
    identicon
    Anonymous Coward, Apr 3rd, 2012 @ 6:58am

    Re: Re: Re: Re: Re: Re:

    Wow this thread made it farther then I thought it would before we Godwin'ed.

     

    reply to this | link to this | view in thread ]

  69.  
    identicon
    S, Apr 3rd, 2012 @ 7:02am

    Re: Re: Re: Re:

    I guess this means we can safely re-classify the government as a form of catastrophe.

     

    reply to this | link to this | view in thread ]

  70.  
    identicon
    Anonymous Coward, Apr 3rd, 2012 @ 8:19am

    Re: Re: Re: Re:

    The real answers I could find so far is this:

    Less than 10% of all paid users ever uploaded a file.

    What that means is that the number of legit users (using it for backup, other legal uses) would be a number less than 10% of the user base, because at least some of those users were uploading infringing content.

    So by even the happiest of estimates, less than 5% of the users would be "legit". Not really a very good number, is it?

     

    reply to this | link to this | view in thread ]

  71.  
    identicon
    Anonymous Coward, Apr 3rd, 2012 @ 8:31am

    Re: Re:

    "Mega and Dotcom et al. have no access to the data and can not provide that information currently"

    BULLSHIT! They have been out in the last little while with an exacting count of US government and military users (most of which are likely individual soldiers passing images to loved ones at home). If they have such exacting numbers here, they should have exacting numbers on everything else.

    Kim seems to be very good at willful blindness.

     

    reply to this | link to this | view in thread ]

  72.  
    identicon
    Anonymous Coward, Apr 3rd, 2012 @ 8:33am

    Re: Re: Re: Re: Re: Re: Re:

    Honestly, look at Coachman's answer - it's pure intimidation and threats. The idea is to shut up anyone who doesn't agree with you.

    Heil Mega! Heil Kim! At least he's German, and can understand the logic by which Coachman operates.

     

    reply to this | link to this | view in thread ]

  73.  
    icon
    Gwiz (profile), Apr 3rd, 2012 @ 9:36am

    Re: Re: Re: Re: Re:

    So by even the happiest of estimates, less than 5% of the users would be "legit". Not really a very good number, is it?

    Your logic isn't really that sound, but let's looks at that 5% number you came up with.

    Registered Members: 180,000,000 x 0.05 = 9,000,000

    9 million is a pretty good number isn't it?

     

    reply to this | link to this | view in thread ]

  74.  
    icon
    Almost Anonymous (profile), Apr 3rd, 2012 @ 9:39am

    Re: Re: Yeeeahhhhh!

    It's a feature, not a bug!

     

    reply to this | link to this | view in thread ]

  75.  
    icon
    PaulT (profile), Apr 3rd, 2012 @ 9:55am

    Re: Re: Re: Re: Re:

    So, you're saying that the only possible legitimate users were those who uploaded? Those who only downloaded must automatically have been pirates and never downloaded legal content? That each user uploaded similar volumes of files, and so the percentage of users automatically gives you the percentage of legal content?

    Interesting. Complete crap, like most of your assertions, but interesting...

     

    reply to this | link to this | view in thread ]

  76.  
    identicon
    Anonymous Coward, Apr 3rd, 2012 @ 10:01am

    Re: Re: Re: Re: Re: Re:

    Actaully, according to the feds, the real number is 50 million. So now you are down to 2.5 million - and those are people who uploaded anything. How many of them were using it specifically as a backup?

    More importantly, it's such a small part of the business, that it is meaningless. That whole thing could have disappeared, and mega's income for the 5 years would have gone from 150 million down to a horrible, terrible, mind numbingly low $142.5 million. How the heck could they have lived with that?

     

    reply to this | link to this | view in thread ]

  77.  
    icon
    Almost Anonymous (profile), Apr 3rd, 2012 @ 10:26am

    Re: Re: Re:

    """Oops, I see you have a parking fine. That means you've broken one law, and nobody should break any laws. You must be jailed for life."""

    Or at the very least, strip searched...

     

    reply to this | link to this | view in thread ]

  78.  
    icon
    Gwiz (profile), Apr 3rd, 2012 @ 11:04am

    Re: Re: Re: Re: Re: Re: Re:

    Actaully, according to the feds, the real number is 50 million.

    Like I trust their figures. Remember these are the same folks who claim paying your bills equals laundering money.


    ...and those are people who uploaded anything. How many of them were using it specifically as a backup?

    Who cares if they were using it for backups? There are lots of other legitimate uses besides that - like creators distributing their own works, servicemen sharing video with families, etc...


    More importantly, it's such a small part of the business, that it is meaningless.

    Millions of innocent users are insignificant? Wow. Just wow.

     

    reply to this | link to this | view in thread ]

  79.  
    icon
    Gwiz (profile), Apr 3rd, 2012 @ 11:19am

    Re: Re: Re:

    BULLSHIT! They have been out in the last little while with an exacting count of US government and military users (most of which are likely individual soldiers passing images to loved ones at home). If they have such exacting numbers here, they should have exacting numbers on everything else.

    Umm. They don't have access to the servers. The USG won't allow them access. Heck, until recently the defendants didn't have access to the internet because the USG was afraid they would somehow magically reopen Mega (which would be kind of pointless without the data from the servers, wouldn't it?).

    Dotcom assertions are probably based on data obtained prior to the seizures.

     

    reply to this | link to this | view in thread ]

  80.  
    icon
    Gwiz (profile), Apr 3rd, 2012 @ 11:24am

    Re: Response to: Anonymous Coward on Apr 3rd, 2012 @ 3:00am

    You can't, at least not for damages.

    Right. But I was wondering about something the other day:

    Let's say Mega is acquitted and found to have been operating legally, could they then sue the MPAA for damages by proving that this whole hardship was based on bad information from the MPAA? Is that possible?

     

    reply to this | link to this | view in thread ]

  81.  
    identicon
    Anonymous Coward, Apr 3rd, 2012 @ 2:15pm

    The real answer is...

    42

     

    reply to this | link to this | view in thread ]

  82.  
    identicon
    Anonymous Coward, Apr 3rd, 2012 @ 6:00pm

    Re: Re: Re: Re: Re: Re: Re:

    What do you expect? The thread was already Goodwin'ed.

     

    reply to this | link to this | view in thread ]

  83.  
    icon
    That Anonymous Coward (profile), Apr 4th, 2012 @ 3:44am

    Re: Re: Re:

    Did you miss the part where Dotcom saw them coming?
    That it is easy to keep copies of connection records on other things? Especially connection data making the enemy look like morons?

    I said they didn't have access to show what was or wasn't infringing, not that they could tell. As the original question was how many infringing vs non-infringing files.
    If the Government was dumb enough to submit a number there would be serious questions about data privacy and the violation of peoples rights.

    Nice try at the derail... I'm sure that when little Suzy cries herself to sleep she'll be happy to know you didn't care about her Daddy who died so you could be free to be an asshole.

     

    reply to this | link to this | view in thread ]

  84.  
    icon
    That Anonymous Coward (profile), Apr 4th, 2012 @ 3:46am

    Re: Re: Re:

    I wonder how Holder would respond to that statement in a press conference. I would enjoy seeing him sweat.

     

    reply to this | link to this | view in thread ]

  85.  
    icon
    lrobbo (profile), Jun 7th, 2012 @ 8:45am

    Yep, he'd be drenched, that's for sure . . .

     

    reply to this | link to this | view in thread ]


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