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Megaupload User Data Could Be Destroyed Soon

New submitter advid.net writes "According to the Associated Press, user data from the recently-closed file-hosting site Megaupload could be destroyed as soon as Thursday. Apparently Megaupload paid another company to actually store the data. 'But Megaupload attorney Ira Rothken said Sunday that the government has frozen its money. A letter filed in the case Friday by the U.S. Attorney's Office for the Eastern District of Virginia said storage companies Carpathia Hosting Inc. and Cogent Communications Group Inc. may begin deleting data Thursday. ... The letter said the government copied some data from the servers but did not physically take them. It said that now that it has executed its search warrants, it has no right to access the data. The servers are controlled by Carpathia and Cogent and issues about the future of the data must be resolved with them, prosecutors said." There's also been talk of a lawsuit against the FBI over users' lost files.

17 of 260 comments (clear)

  1. Can they simply delete it? by Anonymous Coward · · Score: 5, Interesting

    Wouldn't that be destruction of evidence?

    Captcha: retrieve

    1. Re:Can they simply delete it? by hey! · · Score: 5, Insightful

      The short answer is no. "They" (by which I assume you mean the US govt) cannot delete the data. What they *can* do is take steps which will almost certainly result in the data being deleted by the third parties hosting it.

      The result is something like an extrajudicial execution. They've ensured Megaupload will die, even if the company is exonerated in the courts.

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    2. Re:Can they simply delete it? by jellomizer · · Score: 5, Insightful

      By unlawful you mean by lawful methods you disagree with.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    3. Re:Can they simply delete it? by Forever+Wondering · · Score: 5, Interesting

      Wouldn't that be destruction of evidence?

      Captcha: retrieve

      It is also destruction of exculpatory evidence. If Megaupload makes the claim [true or not] that the majority of the content was non-infringing, how will they be able to prove/disprove this? Or, the reverse argument as well.

      Imagine if this was done to YouTube. YouTube has at least one infringing clip, but it also has a lot of original content that would be lost.

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    4. Re:Can they simply delete it? by _KiTA_ · · Score: 5, Insightful

      Imagine if this was done to YouTube. YouTube has at least one infringing clip, but it also has a lot of original content that would be lost.

      Believe you me, if YouTube hadn't been bought by Google, this would have happened to them. The various Copyright Cartels would still love to do this to them, but can't because Google is too big.

    5. Re:Can they simply delete it? by mr1911 · · Score: 5, Interesting

      By unlawful you mean by lawful methods you disagree with.

      That is absolutely true, but isn't is strange how when the RIAA or other well funded trade group doesn't like something they line a few pockets and get it made illegal, but when the population doesn't like it there is nothing to be done?

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  2. Re:c:\ erase /S *.* by xcfmx · · Score: 5, Funny

    problem #1.. not hosted on DOS.
    problem #2.. see problem #1

  3. Re:As Obi Wan once said by Anonymous Coward · · Score: 5, Funny

    What is the over under on how many human lifetimes worth of porn are about to disappear?

  4. Re:Suing the FBI? by Anonymous Coward · · Score: 5, Insightful

    No, it's like the FBI impounding all the units in a storage facility because some of them hold illegal contraband.

  5. !Safe in Cloud by Barondude · · Score: 5, Insightful

    And this is why you should never trust anything you can't afford to lose to the cloud. You lose control and have no idea what is really going on with your data under the hood.

    --
    "That's the sort of blinkered, philistine pig ignorance I've come to expect from you non-creative garbage."-Monty Python
  6. Re:Suing the FBI? by localman57 · · Score: 5, Insightful

    Welcome to the cloud. If your data is more valuable than the storage space it's written to, then keep your own copy. In this case, it was the government that precipitated the shutdown of a service provider, so everybody's looking to blame them. Who are you going to blame when market dynamics cause a company to just go bankrupt? This reminds me of the outcry that happened when they finally put a bullet in (I believe it was) GeoCities.

  7. Re:Suing the FBI? by Charliemopps · · Score: 5, Insightful

    No, it's like the FBI showing up with the CEO's of walmart in tow, prying the lock off a couple of the storage units and the CO's pointing at random objects and yelling "They stole that, and that, and that..." meanwhile the renters of the storage locker are in China, and the owner of the storage company says "Well they could have gotten that at Target you know... also, how do you know they stole this and didn't actually pay for it? Have you even asked them?" The FBI then arrests the Owner of the storage unit, who now can't pay its utility bills... water, sewer and power are cut off... the buildings catch fire and the FBI tells the fire department "no need to put that out... we have the truth, let the lies burn."

    When they come to take your rights away, they start with the people that clearly don't deserve them. When they come for yours, well... it's a little too late then isn't it?

  8. Re:Nuke 'em from orbit. by Maximum+Prophet · · Score: 5, Insightful

    The downloaders that downloaded copyright infringing material can re-download somewhere else.

    Customers that downloaded original stuff are screwed if they can't find a copy.

    --
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  9. Re:Suing the FBI? by Anonymous Coward · · Score: 5, Informative

    They froze the assets of a company that hasn't been found guilty of anything yet? Why are they allowed to do that?

    That's RICO for ya, baby.

    When the U.S. Attorney decides to indict someone under RICO, he or she has the option of seeking a pre-trial restraining order or injunction to temporarily seize a defendant's assets and prevent the transfer of potentially forfeitable property, as well as require the defendant to put up a performance bond. This provision was placed in the law because the owners of Mafia-related shell corporations often absconded with the assets. An injunction and/or performance bond ensures that there is something to seize in the event of a guilty verdict.

  10. Re:As Obi Wan once said by Anonymous Coward · · Score: 5, Funny

    9000 seems like a reasonable guess

  11. All this does is say- Don't do business in the US by undeadbill · · Score: 5, Interesting

    Megaupload is a Hong Kong based company. The only reason they were charged in the US was because they used servers for hosting in the US. This pretty much sends a message to anyone who might do business in the States that they are not welcome, and that justice is pretty much bought and sold by how much money and influence you have. This is not a good message to be sending out to businesses overseas, looking to invest here. Freezing a foreign company's assets worldwide over what is a domestic issue is going to give a lot of international entrepreneurs reasons to look elsewhere.

    Kim Dotcom did the smart thing- he made sure there was a time limit set on his user's data if someone bigger than his company came along and tried to forcibly take it. By the time someone shutting down his operations finally figured out where the real data was held, all of it is going to be deleted- unless they return his funds and let him continue to operate. Damned if they do shut him down, because now he and his company are a damaged party and the US takes a hit in the international markets, damned if they don't shut him down completely, because then the Feds look weak and ineffectual.

    Exculpatory evidence and discovery for the trial are irreparably damaged by the Prosecution, the Defendants can now sue in civil and international court for damages (whether they see them or not), and Kim Dotcom may even become a cause celebre. That is, if the US doesn't hold him indefinitely under the NDAA...

  12. This is the stuff of movies and the constitution by SmallFurryCreature · · Score: 5, Interesting

    The A-team had stories like this all time, small nice family company being muscled out of business by big evil company.

    The US constitution provisions for protection of the individual are NOT as many think to get the guilty off but to protect the average innocent citizen from being bullied into submission.

    The principle is simple, if I want to stop you, I can have you arrested and your crops will rot on your farm, your will unable to supply your customers, you will run out of cash and bam, I can buy your farm cheap... I don't need to have you found guilty as long as I can keep you under arrest for long enough. There are plenty of variants on this, in corrupt countriest the way to get a bribe as a custom officer is to hold up the goods of a company for inspection until they either pay or go out of business for being unable to deliver.

    This is even done on a country scale. Romania did not like that The Netherlands is blocking Romania becoming part of the EU free labor traffic, they claim this is racist (Romania is one of the worsed human rights abusers in the EU with their treatment of gypsies) and so they blocked dutch product at the border trying to put pressure on the Dutch government. Didn't really work since it only re-inforced the view that Romania is not yet ready to fully join the EU.

    But the tactic itself remains, get the police to smash your opponents goods during a search and force them out of business.

    Megaupload itself is shady enough but then the content industry has many accusations against it as well, just that he who pays the piper determines who ends up in court or not. How many settlements has the content industry agreed to to avoid being found guilty in open court? Quite a few in the last couple of decades.

    There are lots of filesharing methods, the error Megaupload made was trying to go semi-legit... artists had publicly voiced their support for a new scheme Megaupload wanted to introduce... coincidence that the very next week they are put out of operation by the rent-a-cop FBI? Maybe and Saddam considering selling oil in Euro's just a bit before being removed from power had nothing to do with it... first Iraq war was over the conquering and subjegation of another nation and he was left in power unharmed. He considers undermining the dollar and BAM, he swings.

    And gosh, all the oil nations that consider dealing in euro's are on the danger list to... how amazing a coincidence.

    You can destroy someone in the courts without ever needing to find them guilty. But if history has shown us anything, their will be 10 megauploads to take this ones place and they will be harder to take down. And they will not bother trying to go legit or try to work with artists. They will just copy all and damn the rest. Want to download files right now and not deal with filetubes with endless vapor ware? Go russian. I tried to find some old ebooks, go west and it all leads to overpriced book sellers, go russian and you find entire libraries with no popups, no spam, no search bars, just simple downloads. Because nobody in Russia gives a fuck. If the FBI tried the same as they did in New Zealand their officers would come back in body bags and asking the former KGB to investigate would be very ironic indeed.

    They took down napster which led to the demise of cutemx on which anime was shared... and all that happened is that you now got anime torrent sites that are run so smoothly they release automatic updates and actually have an rating system telling if there is a better version out there for series 10-20 years old (torrents for new stuff are easy but finding a very old series with 20-30+ seeders and only leeching... that is class).

    It is like stomping ants, only these don't just come back in greater number, they come back stronger and fiercer... and if I am a typical person, their users come back a little bit more reluctant to buy from the RIAA/MPAA every again. It ain't just being cheap anymore, now it is a case of principle!

    --

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