Megaupload Blames U.S. Government For Massive Data Wipe

 Pages 1 2 NEXT
 

Megaupload Blames U.S. Government For Massive Data Wipe

Megaupload logo

Lawyers for Megaupload are seeking legal protection for its remaining servers following a mass deletion of petabytes of data that may have included exculpatory evidence.

In June, Dutch hosting company LeaseWeb deleted all data from 630 servers that had been rented by Megaupload without warning, resulting in the loss of petabytes of data belonging to Megaupload customers. Megaupload founder Kim Dotcom called it a "huge disaster" and said his lawyers had asked LeaseWeb multiple times not to delete the data while the matter was still before U.S. courts, but also stated his belief that the deletion of the data was actually the goal of the U.S. authorities all along. "That's why they seized all of our assets and would not even release funds to pay our hosting partners," he said.

Megaupload lawyers repeated that point in a letter sent earlier this week to U.S. District Court Judge John Anderson, in which they ask the court to restart negotiations for a "workable solution" to ensure the preservation of data on 1103 Megaupload servers owned by Carpathia Hosting. Megaupload reached an agreement with Carpathia in April to buy the servers for $1.4 million, but that deal was blocked by U.S. authorities.

"While LeaseWeb's deletion of relevant evidence in the face of explicit preservation requests is inexcusable, the United States is equally culpable. The Government was plainly on notice of the need to preserve the LeaseWeb servers," the letter states. "As Megaupload has long maintained, by freezing the Defendants' assets and denying Defendants access to or possession of the servers, the Government has exercised de facto control over the servers and is therefore in constructive possession of them. Under Brady v. Maryland and its progeny, the Government had an affirmative duty to ensure the preservation of the LeaseWeb servers and the exculpatory evidence they may have contained. The Government failed to do so."

"The destruction of the LeaseWeb servers demonstrates the urgent need to reach a workable solution for data preservation as soon as possible, lest the 1103 servers currently in Carpathia Hosting's possession meet the same fate," it concludes. "We therefore respectfully urge the Court to reconvene the interested stakeholders and renew negotiations as quickly as the Court's schedule permits."

Letters have also been sent to LeaseWeb and the U.S. Department of Justice asking for all correspondence between the hosting company and U.S. agencies in order to "understand the extent to which LeaseWeb consulted with the U.S. Department of Justice or other U.S. authorities prior to wiping the data."

Source: TorrentFreak

Permalink

Americans are SORE losers...

Very SORE losers

The US reaching beyond their borders to enforce their internal legislation? NAAAAAHHHH!

I wonder what the Bolivian president thinks about this.

Alot of there stuff they had was illegal and pirated stuff wasn't it? So they can hardly complain stuff was deleted illegally when they allowed people to upload illegal stuff. Funny how criminals break the law to make money, but then quote the law when it suits them.

SonOfVoorhees:
Alot of there stuff they had was illegal and pirated stuff wasn't it? So they can hardly complain stuff was deleted illegally when they allowed people to upload illegal stuff. Funny how criminals break the law to make money, but then quote the law when it suits them.

A lot is not the same as all, and you can't possibly know that. No one is a criminal yet because no one has been officially put on trail.

This is just another shitty move in the massive list of shitty moves by the US this last month. So ashamed I live in this country.

SonOfVoorhees:
Alot of there stuff they had was illegal and pirated stuff wasn't it? So they can hardly complain stuff was deleted illegally when they allowed people to upload illegal stuff. Funny how criminals break the law to make money, but then quote the law when it suits them.

So if somebody rents a storage locker and puts heroin in it, everyone else with lockers in the same facility should lose all their stuff when he gets busted?

SonOfVoorhees:
Alot of there stuff they had was illegal and pirated stuff wasn't it? So they can hardly complain stuff was deleted illegally when they allowed people to upload illegal stuff. Funny how criminals break the law to make money, but then quote the law when it suits them.

The thing is, they didn't break the law. They merely provide a service in a different country that facilitates breaking the law in the US. US law does not globally encompass the earth.

SonOfVoorhees:
Alot of there stuff they had was illegal and pirated stuff wasn't it? So they can hardly complain stuff was deleted illegally when they allowed people to upload illegal stuff. Funny how criminals break the law to make money, but then quote the law when it suits them.

So two wrong, make one right?

Besides, how about all those people using the site for legal stuff? Innocent casualities of war huh?

This whole deal just screams the US pushing their own agenda, without any repercussions. Well as someone commented, NSA might have those files, just ask politely and they might give em back.

SonOfVoorhees:
Alot of there stuff they had was illegal and pirated stuff wasn't it? So they can hardly complain stuff was deleted illegally when they allowed people to upload illegal stuff. Funny how criminals break the law to make money, but then quote the law when it suits them.

And not all of that data was illegal, and yet it was still deleted. People paid to be able to use those servers for data uploads, and not everyone was committing piracy with it, but even so, they had their data deleted along with the pirates. Seems completely fair, right?

Damn that was funny, right after Voorhees posts, the next five posts(possibly more now) are criticizing his brilliant logic, even the journalist. Man, I feel bad for his inbox now.

masticina:
Americans are SORE losers...

Very SORE losers

Yeah we really are

OT:

Wow... Just WOW... "Hey you there fishing in that lake without a license!!!! We do not know where you live so we will burn every house and boat next to or on the lake!!!! OK lets take a look... Innocent,Innocent,Innocent,Innocent..... YEAH WE GOT THE GUY BREAKING THE LAW TOO!!!!!"

Our legal system is so fucking retarded... Next thing you know we will be arresting people for buying water that looks like it is in a beer box....... Awww shit.

Andy Chalk:

SonOfVoorhees:
Alot of there stuff they had was illegal and pirated stuff wasn't it? So they can hardly complain stuff was deleted illegally when they allowed people to upload illegal stuff. Funny how criminals break the law to make money, but then quote the law when it suits them.

So if somebody rents a storage locker and puts heroin in it, everyone else with lockers in the same facility should lose all their stuff when he gets busted?

The government didn't erase the stuff, the company did. When the storage company dumps all the lockers after a bust, you have a beef with the storage company, not the Government.

Many moany people commenting about me. lol. End of the day, the legal users were screwed by that site allowing illegal downloads etc. Dont moan at me, moan at them. They allowed illegal content on their site thus they screwed over the legal users. Moan at them for a refund, but everyone new that site had illegal downloads on it so grow up and stop moaning. It sucks that people lost legal stuff, but its not like they are naive and didnt know what that site was like.

Calamity:

SonOfVoorhees:
Alot of there stuff they had was illegal and pirated stuff wasn't it? So they can hardly complain stuff was deleted illegally when they allowed people to upload illegal stuff. Funny how criminals break the law to make money, but then quote the law when it suits them.

A lot is not the same as all, and you can't possibly know that. No one is a criminal yet because no one has been officially put on trail.

This is just another shitty move in the massive list of shitty moves by the US this last month. So ashamed I live in this country.

Yup, it's becoming quite the list. Let's see: Russia, China(Blaming these two for helping Snowden), the entirety of Latin America(giving false data to prevent the Bolivian president from returning home), Europe(bugging pretty much all EU diplomats, PRISM)... the US has now pissed off what, 50% off the world in the past two weeks?

SonOfVoorhees:
Many moany people commenting about me. lol. End of the day, the legal users were screwed by that site allowing illegal downloads etc. Dont moan at me, moan at them. They allowed illegal content on their site thus they screwed over the legal users. Moan at them for a refund, but everyone new that site had illegal downloads on it so grow up and stop moaning. It sucks that people lost legal stuff, but its not like they are naive and didnt know what that site was like.

So, it's the criminal's fault the legit users got their shit deleted? No mention about the unlawful deletion, or the unlawful raid, or the unlawful seizure of Dotcom's assets? Nah, that's all minor stuff; it's all the pirate's fault.

Andy Chalk:

SonOfVoorhees:
Alot of there stuff they had was illegal and pirated stuff wasn't it? So they can hardly complain stuff was deleted illegally when they allowed people to upload illegal stuff. Funny how criminals break the law to make money, but then quote the law when it suits them.

So if somebody rents a storage locker and puts heroin in it, everyone else with lockers in the same facility should lose all their stuff when he gets busted?

They should all be placed under immediate, indefinite detention.

SonOfVoorhees:
Many moany people commenting about me. lol. End of the day, the legal users were screwed by that site allowing illegal downloads etc. Dont moan at me, moan at them. They allowed illegal content on their site thus they screwed over the legal users. Moan at them for a refund, but everyone new that site had illegal downloads on it so grow up and stop moaning. It sucks that people lost legal stuff, but its not like they are naive and didnt know what that site was like.

I hardly call it moaning, I'd call it potentially illegal. I'm a little concerned if you consider legitimate complaints about the government overstepping its boundaries to be little more than whining at a schoolyard. And besides, just because some people used the site for illegal material it does not and should not implicate legitimate users. What you're doing there is victim blaming.

Seriously, "grow up and stop moaning" is your response to this? I don't even.

Baldr:

Andy Chalk:

SonOfVoorhees:
Alot of there stuff they had was illegal and pirated stuff wasn't it? So they can hardly complain stuff was deleted illegally when they allowed people to upload illegal stuff. Funny how criminals break the law to make money, but then quote the law when it suits them.

So if somebody rents a storage locker and puts heroin in it, everyone else with lockers in the same facility should lose all their stuff when he gets busted?

The government didn't erase the stuff, the company did. When the storage company dumps all the lockers after a bust, you have a beef with the storage company, not the Government.

I believe the idea is that the company did so under coercion from the US Government, making in part culpable for the loss of data. At very least the government should have had it preserved for evidence against Megaupload. But as the accusation goes, they also deleted evidence that can exculpate the company and it's owner, which at absolute best is destruction of evidence.

SonOfVoorhees:
Alot of there stuff they had was illegal and pirated stuff wasn't it? So they can hardly complain stuff was deleted illegally when they allowed people to upload illegal stuff. Funny how criminals break the law to make money, but then quote the law when it suits them.

Megaupload actually was very diligent in getting rid of copyrighted work. Nearly a few minutes after someone would post a link on /b/ for something, it would be down.

That isn't to say there wasn't illegal file sharing, but they did what they could with the resources available to keep things legal.

That is to say also, that the US government, upon seizure of those servers, also had the right to preserve them as evidence against Megaupload.

If I could make an example, that is like a Drug ring getting busted by the DEA, then before they can go to court their agents roll a big fatty with the testimony and smoke everything.

Now, if their lawyers choose to peruse it, they can claim that destruction of such evidence would of been easily protected had the Justice Department acted, but in doing so they knowingly destroyed evidence that would of been used in the trial.

The prosecution has probably face palmed so hard they themselves have brain damage now.

Of all the things about megaupload I miss, I miss megaporn the most... All those 100s of links I have are useless :(

Baresark:

Baldr:

Andy Chalk:

So if somebody rents a storage locker and puts heroin in it, everyone else with lockers in the same facility should lose all their stuff when he gets busted?

The government didn't erase the stuff, the company did. When the storage company dumps all the lockers after a bust, you have a beef with the storage company, not the Government.

I believe the idea is that the company did so under coercion from the US Government, making in part culpable for the loss of data. At very least the government should have had it preserved for evidence against Megaupload. But as the accusation goes, they also deleted evidence that can exculpate the company and it's owner, which at absolute best is destruction of evidence.

From what I understand, the company deleted everything because Megaupload couldn't pay them anymore. Megaupload couldn't pay them because their assets were all frozen until the trial against them was complete. Megaupload had demanded that the U.S. government pay the company on the grounds that their inability to pay was entirely due to the government, and the government said, "Nah, screw you," and thus all of the potential evidence for or against Megaupload (and a lot of legal material) was destroyed.

It's sort of like if you get accused of using a property as a drug lab, and the government throws you in jail and freezes your bank account, and then your landlord then sells your house because he can't afford not to now that you're in jail. Only also all the stuff in your house gets bulldozed because the guy who's buying it only wants the land, and the police never got around to looking in your house for evidence about the drug lab. And you still haven't been tried or found guilty.

Megaupload claims that the government also coerced the company, which may or may not be true.

SonOfVoorhees:
Alot of there stuff they had was illegal and pirated stuff wasn't it? So they can hardly complain stuff was deleted illegally when they allowed people to upload illegal stuff. Funny how criminals break the law to make money, but then quote the law when it suits them.

That's totalitarian regime logic. Legitimate shouldn't have to lose their data because others abused the service. I'd also like to remind you that US law is only for the US. Even if Megaupload is to blame for the piracy, users should've gotten a reasonable amount of time (I'd say 14 days) to download their data back.

This whole thing is like if the military carpet bombed a self-storage warehouse in another country because a few people were storing contraband there.

Which wouldn't surprise me from the USA, if weddings count as Al-Qaeda training camps.

And yet piracy is still going. It's like Iraq all over again.

The US government does something stupid and illegal in another country that doesn't have the same laws and they get nothing more then a stern look?

Must be that time of the week again. At least nothing exploded this time.

SonOfVoorhees:
Many moany people commenting about me. lol. End of the day, the legal users were screwed by that site allowing illegal downloads etc. Dont moan at me, moan at them. They allowed illegal content on their site thus they screwed over the legal users. Moan at them for a refund, but everyone new that site had illegal downloads on it so grow up and stop moaning. It sucks that people lost legal stuff, but its not like they are naive and didnt know what that site was like.

The precedent that would set is that all services of all types could be shut down and the legitimate users held responsible for any losses they incur as a result. Consider also that some people, contractors for example, might not prefer to use Megaupload but must do so anyway because their clients prefer it. Are they to blame for the huge financial losses they could incur as a result?

At the very least, the US government could have handled it a lot better. As it is, they have done a great deal of damage to a lot of people, and it was entirely avoidable.

SonOfVoorhees:
Many moany people commenting about me. lol. End of the day, the legal users were screwed by that site allowing illegal downloads etc. Dont moan at me, moan at them. They allowed illegal content on their site thus they screwed over the legal users. Moan at them for a refund, but everyone new that site had illegal downloads on it so grow up and stop moaning. It sucks that people lost legal stuff, but its not like they are naive and didnt know what that site was like.

Clearly you don't understand legal procedure in these types of cases. Megaupload's content was almost completely user generated. That meant that users could put up whatever they wanted on it. By law, if someone uses the ability to post user generated content to post illegal materials, the owner of the site is not legally liable so long as they did not know about or condone the posting of illegal materials. That last part is the key part of the US' case against Megaupload. What you're saying, basically, is equivalent to saying that, for example, the US government should have the right to take the whole of the Escapist down because one user posts, for example, Child Porn and the Escapist, who hypothetically knew nothing about it, didn't prevent them from doing so.

Greyhamster:

Calamity:

SonOfVoorhees:
Alot of there stuff they had was illegal and pirated stuff wasn't it? So they can hardly complain stuff was deleted illegally when they allowed people to upload illegal stuff. Funny how criminals break the law to make money, but then quote the law when it suits them.

A lot is not the same as all, and you can't possibly know that. No one is a criminal yet because no one has been officially put on trail.

This is just another shitty move in the massive list of shitty moves by the US this last month. So ashamed I live in this country.

Yup, it's becoming quite the list. Let's see: Russia, China(Blaming these two for helping Snowden), the entirety of Latin America(giving false data to prevent the Bolivian president from returning home), Europe(bugging pretty much all EU diplomats, PRISM)... the US has now pissed off what, 50% off the world in the past two weeks?

It's pretty impressive isn't it? We've accumulated about as much bad PR as we have in the last 10 years in a short 14 days. Plus it's kinda funny to watch the office of president be brutally shown to be the useless figurehead position it really is.

Baresark:

Baldr:

Andy Chalk:

So if somebody rents a storage locker and puts heroin in it, everyone else with lockers in the same facility should lose all their stuff when he gets busted?

The government didn't erase the stuff, the company did. When the storage company dumps all the lockers after a bust, you have a beef with the storage company, not the Government.

I believe the idea is that the company did so under coercion from the US Government, making in part culpable for the loss of data. At very least the government should have had it preserved for evidence against Megaupload. But as the accusation goes, they also deleted evidence that can exculpate the company and it's owner, which at absolute best is destruction of evidence.

As of right now there is absolutely no proof of coercion. If proof ever appears, then you can start putting some heat on the Government. If the company broke laws then it all back on the company.

Kamille Bidan:

SonOfVoorhees:
Many moany people commenting about me. lol. End of the day, the legal users were screwed by that site allowing illegal downloads etc. Dont moan at me, moan at them. They allowed illegal content on their site thus they screwed over the legal users. Moan at them for a refund, but everyone new that site had illegal downloads on it so grow up and stop moaning. It sucks that people lost legal stuff, but its not like they are naive and didnt know what that site was like.

Clearly you don't understand legal procedure in these types of cases. Megaupload's content was almost completely user generated. That meant that users could put up whatever they wanted on it. By law, if someone uses the ability to post user generated content to post illegal materials, the owner of the site is not legally liable so long as they did not know about or condone the posting of illegal materials. That last part is the key part of the US' case against Megaupload. What you're saying, basically, is equivalent to saying that, for example, the US government should have the right to take the whole of the Escapist down because one user posts, for example, Child Porn and the Escapist, who hypothetically knew nothing about it, didn't prevent them from doing so.

There is no second thought the Government would shut this site down if the admins did not doing something about it first. That was the whole problem with Megaupload, the admins knew it was occurring and never did anything to stop it.

I miss you, Megaupload... I miss you so much!

slash2x:

masticina:
Americans are SORE losers...

Very SORE losers

Yeah we really are

OT:

Wow... Just WOW... "Hey you there fishing in that lake without a license!!!! We do not know where you live so we will burn every house and boat next to or on the lake!!!! OK lets take a look... Innocent,Innocent,Innocent,Innocent..... YEAH WE GOT THE GUY BREAKING THE LAW TOO!!!!!"

Our legal system is so fucking retarded... Next thing you know we will be arresting people for buying water that looks like it is in a beer box....... Awww shit.

I'll probably be crucified for this, but the Hiroshima/Nagasaki attack was actually pretty defendable. Some people have claimed that the Japanese wanted to surrender, but that's been pretty much debunked. The Japanese military was prepared to fight to the end. If the United States had invaded the nation, an estimated 3 million people would have died, as opposed to the 300,000 that died from the blast. More people died in the firebombing campaign of the Japanese capital than died in the atomic blast, the same fire bombing campaigns that had leveled half of Europe. If that campaign had continued, the results would have been far more deadly. The fire bombings just don't have the psychological affects of a nuclear weapon. We also warned the Japanese of out intentions (though we didn't list specific targets).

Keep in mind that the Japanese military basically asked for this. No, I'm not talking about Pearl Harbor, though it was foolish of them to involve another nation in the conflict. Japan seemed to think war with the U.S. was inevitable, when it was not a foregone conclusion. Instead I'm referring to the Japanese war crimes against the Chinese, war crimes so brutal that they put the Nazis to shame. I won't even hint at the horrors committed, but if you want to know more, read The Rape of Nanking for a more detailed account.

Therefore the Japanese refused an unconditional surrender, an attack on mainland Japan would have cost more lives on both sides, and the Japanese had committed horrible atrocities against their enemies. I'm not saying they "deserved" it, but they definitely put themselves in a position where there was almost no other option. Several million deaths is worse than several hundred thousand, and I feel that the event gets undue publicity due to it being the only time that nuclear weapons have ever been used. How many people died in the bombing in Europe? Far more, but people seem to think that it was more justified, so we forget about it.

I think the real villain was the Japanese military, and it's still a tragedy that civilians died in the attack. The U.S. wasn't sinless either, don't get me wrong. We imprisoned the entire Japanese American population due to racism and committed other terrible crimes as well, so we weren't saints. I just don't believe, at that point, that there was another viable option. It's also strange that far worse war crimes were committed by both the Axis and the Allies, but most people seem to forget about them.

slash2x:

masticina:
Americans are SORE losers...

Very SORE losers

Yeah we really are

To be fair, we did warn them ahead of time (according to some, I could be wrong, it's sketchy). And, as atrocious as it was, many historians speculate that the number of lives lost would have been far greater than if we hadn't dropped the bomb.[1]

Anyway, moving away from 1940s nuclear catastrophes, The United States needs to stop asserting itself as the police officer of the world.

[1] That was in poor taste, I'm sorry, but I couldn't resist.

Baldr:
There is no second thought the Government would shut this site down if the admins did not doing something about it first. That was the whole problem with Megaupload, the admins knew it was occurring and never did anything to stop it.

Well, apparently people have said that Megaupload was fairly diligent about removing stuff when asked, which is exactly all they are legally obligated to do. It isn't their job to remove any material they think could possibly be copyrighted. The indictment complained that they had extensive provisions for removing child pornography but wouldn't do anything to remove copyrighted material. Well they are two completely different things and removing child pornography (which is always illegal) isn't the same as arbitrarily removing material you think might be copyrighted.

In any case, the whole thing is rather disgusting. The US Government is abusing their power, their reach and their judicial discretion, all the behest of Corporations who believe that Megaupload threatened their business. Why? Because it's easier for them to put pressure on the government to shut them down than it is to provide better products and services for their consumer bases. You can see that in the indictment, the US government was basically on a witch hunt to get Megaupload on something, they even indicted them for using ads on their site, claiming that by doing so they were profiting from criminal activity.

You Americans can't let your government be held hostage by these corporations. Look at SOPA/PIPA/ACTA/CISPA. Those four bills were/are corporate attempts to infringe on your rights in the exact same way that they have infringed on the rights of Megaupload, to exactly the same ends. Piracy is a service problem, and always will be. Copyright infringement is also, and always will be, a civil dispute.

Baldr:

Andy Chalk:

SonOfVoorhees:
Alot of there stuff they had was illegal and pirated stuff wasn't it? So they can hardly complain stuff was deleted illegally when they allowed people to upload illegal stuff. Funny how criminals break the law to make money, but then quote the law when it suits them.

So if somebody rents a storage locker and puts heroin in it, everyone else with lockers in the same facility should lose all their stuff when he gets busted?

The government didn't erase the stuff, the company did. When the storage company dumps all the lockers after a bust, you have a beef with the storage company, not the Government.

When the storage company dumps the lockers because you couldn't pay them (due to all your assets being frozen) and the Government refused to, and when some of the stuff they dumped could have cleared your name, then yeah, your beef is with the Government. Beef in this case meaning mistrial.

 Pages 1 2 NEXT

Reply to Thread

Log in or Register to Comment
Have an account? Login below:
With Facebook:Login With Facebook
or
Username:  
Password:  
  
Not registered? To sign up for an account with The Escapist:
Register With Facebook
Register With Facebook
or
Register for a free account here