Judge: Megaupload, Host, DOJ Must Work Out Server Maintenance
itwbennett writes "Slashdot readers will recall that Carpathia Hosting, which is hosting the frozen data of 'up to 66 million users', would like to be released from that expense. But Judge Liam O'Grady has another idea: 'Lawyers for Megaupload, the U.S. Department of Justice (DOJ), Web hosting provider Carpathia Hosting and other groups fighting over who should maintain 1,100 servers formerly used by Megaupload should sit down and work out an arrangement,' O'Grady said Friday.' Stay tuned: The lawyers are due to report back in two weeks."
Isn't this cut and dried that the DoJ to pay for the hosting? Or maybe the servers should be handed over to megaupload in a New Zealand data center if they don't want to pay up.
Interestingly, we've now established that most downloads from Hotfiles were open source software, certainly the DoJ claims that MegaUpload actively pursued Pirate uploads, but it's clear that MegaUpload has "significant non-infringing uses". It follows they should actually be returned to operation but still face the charges for encouraging piracy.
In reality, the DoJ wants all those non-infringing files deleted because they'll hurt their case. The DoJ has also repeatedly tried to prevent MegaUpload from hiring good lawyers.
The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
Well....
About the moment seized the equipment, it became their problem. As I understand it, Megaupload lost privileges to do anything. It's now evidence. They should have taken possession of it.
But since Megaupload is contractually obliged to pay for the space and bandwidth, and the equipment is still there, they have to keep paying on the contract.
The judge *should* have ordered that the hosting provider was either required to hold onto the equipment indefinitely, or hand it over to the DoJ. Either of those would be at the expense of the DoJ. This decision of "go work it out for yourselves" really smells like the DoJ doesn't have enough of a case for the judge to sign off on taking possession.
The equipment must take up about 30 racks or so. That's a pretty sizable footprint in most datacenters. It seems the hosting provider is being very cooperative, and even though the "storage" cost seems high, it's about right for full racks, if they're dropped the power and network connections.
Serious? Seriousness is well above my pay grade.