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FBI Asked Megaupload To Preserve Pirated Files, Then Used Them Against Dotcom
avxo writes "According to an article on the New Zealand Herald, Kim Dotcom says his team has evidence showing that the Department of Homeland Security served a search warrant on Megaupload in 2010, forcing it to preserve pirated movies. According to Mr. Dotcom, those preserved movies are the center of the latest legal battle. 'When the FBI applied to seize the Megaupload site in 2012, it said the company had failed to delete pirated content and cited the earlier search warrant against the continued existence of 36 of the same 39 files.' He added: '[t]he FBI used the fact the files were still in the account of the ... user to get the warrant to seize our own domains. This is outrageous.'"
No, over 2000 users uploaded these files. Mega is trying to use the structure of their site where they hashed an upload and only kept one copy of the file to say that because there was only copy and because NinjaVideo had uploaded 36 of these files at some point (because NinjaVideo uploaded thousands if not hundreds of thousands of files), they couldn't delete those files because the order from the DHS instructed them not to. But that's a ridiculous assertionâ" even if they were told not to delete the files (really they were just told not to delete the NinjaVideo account, so they're using a liberal interpretation to include these files) they had an obligation to prevent the files from being used for further illegal purposes.
Phrased another way, a court order requiring preservation does not mean Mega is allowed to continue to allow others access to those files and continue to break the law. Those 36 files were accessed, downloaded, and shared illegally after the point at which they were required to be preserved, and access removed under the DMCA.
Mega cannot use a design component of the site which was done for cost purposes, as a defense against criminal liability.
Wow. So much nonsense in so few paragraphs.
It would appear that you intimate knowledge of the papers FBI presented to Carpathia/Mega, eh?
Or you are just talking out of your ass, since pretty much everything you talked about is plain wrong?