Legal Issues

by Mike Masnick

Filed Under:
conspiracy, copyright, uploads


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

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  1. icon
    :Lobo Santo (profile), 2 Apr 2012 @ 2:34pm

    Re: Yeeeahhhhh!

    Megaupload was, in this case, removable.

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