Feeds

MPAA sympathetic to returning legitimate Megaupload files

Court documents reveal conciliatory tone

  • alert
  • submit to reddit

Top 5 reasons to deploy VMware with Tegile

The Motion Picture Ass. of America has indicated it wouldn't oppose users of the now-defunct Megaupload file-sharing service retrieving their data – if it isn't pirated.

The Electronic Frontier Foundation (EFF) filed a legal suit with Megaupload user Kyle Goodwin for the return his files from the service, which was shut down after a raid on the home of Megaupload founder Kim Dotcom in New Zealand. Dotcom is currently on trial, charged with causing $500m of damage to the media industry and illegally earning $175m in fees from Megaupload and associated businesses.

US government investigators have warned that much of the information stored on the site may be lost, and that they are finished scanning it. Hosting companies Carpathia Hosting and Cogent Communications now want to delete the 25 petabytes of data they hosted for Megaupload, since it's costing them $9,000 a day to store. But the MPAA appears to be saying some data could be returned, or at least indicating that it wouldn't oppose such a move.

"In the current motion, Mr. Goodwin asks the Court to exercise its equitable jurisdiction to allow him access to the Mega Servers to retrieve material he previously uploaded to Megaupload," MPAA's lawyers write in a brief to the court. "The MPAA Members are sympathetic to legitimate users who may have relied on Megaupload to store their legitimately acquired or created data, although the Megaupload terms of use clearly disclaimed any guarantee of continued access to uploaded materials."

But there is a caveat. If files are going to be handed back, then the MPAA needs to be sure that none of the material infringes copyright – which would presumably involve scanning them all – and mechanisms need to be set up so that the original operators of Megaupload can't get any access to the system.

Not that most of them are allowed near a computer these days, since the extradition hearings for Kim Dotcom and colleagues Mathias Ortmann, Fin Batato, and Bram Van der Kolk are still ongoing, although there are serious doubts about the ability of US prosecutors to obtain a conviction, after the trial revealed a string of potential failures in the initial investigation and arrests.

On Thursday, Megaupload's lawyer Willie Akel accused the FBI of breaking the law when its investigators arrived in New Zealand, copied seven hard drives, and sent the information back to the US without local police knowing what was happening. "If [they] went offshore without the consent of the attorney-general, it was an illegal act," he said, local media Stuff reports.

However the prosecution offered the defense that the only material to have been sent abroad was data, and since the physical drives remained in the country, no breach of the law had taken place. The presiding judge asked the Crown lawyer John Pike to undertake to return data that was not relevant to the trial, but Pike said this may not be possible.

"Police, to put it bluntly, would not have a clue what is relevant and what is not relevant. How could they?" he said. ®

Intelligent flash storage arrays

More from The Register

next story
Facebook pays INFINITELY MORE UK corp tax than in 2012
Thanks for the £3k, Zuck. Doh! you're IN CREDIT. Guess not
Big Content outs piracy hotbeds: São Paulo, Beijing ... TORONTO?
MPAA calls Canadians a bunch of bootlegging movie thieves
Google Glassholes are UNDATEABLE – HP exec
You need an emotional connection, says touchy-feely MD... We can do that
Lawyers mobilise angry mob against Apple over alleged 2011 Macbook Pro crapness
We suffered 'random bouts of graphical distortion' - fanbois
Just don't blame Bono! Apple iTunes music sales PLUMMET
Cupertino revenue hit by cheapo downloads, says report
US court SHUTS DOWN 'scammers posing as Microsoft, Facebook support staff'
Netizens allegedly duped into paying for bogus tech advice
Feds seek potential 'second Snowden' gov doc leaker – report
Hang on, Ed wasn't here when we compiled THIS document
prev story

Whitepapers

Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.
Getting started with customer-focused identity management
Learn why identity is a fundamental requirement to digital growth, and how without it there is no way to identify and engage customers in a meaningful way.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Saudi Petroleum chooses Tegile storage solution
A storage solution that addresses company growth and performance for business-critical applications of caseware archive and search along with other key operational systems.
Internet Security Threat Report 2014
An overview and analysis of the year in global threat activity: identify, analyze, and provide commentary on emerging trends in the dynamic threat landscape.