Feeds

Files aren’t property, says US government

New twist in Megaupload case a threat to all clouds, claims EFF

Gartner critical capabilities for enterprise endpoint backup

While serial self-publicist Kim Dotcom was re-igniting the submarine cable debate in New Zealand, the Electronic Frontiers Foundation's (EFF's) case trying to recover files on behalf of a former Megaupload user Kyle Goodwin took a new twist.

The EFF has been in court trying to gain access to the servers seized by the Feds last year, when the Megaupload saga began. Access to the servers, they have argued, is necessary to help establish Goodwin’s case that his files should be returned.

In a filing that the EFF says should “terrify” users of any cloud service, the government is arguing that Goodwin’s property rights aren’t sufficient to demand access to the servers.

The government arguments are that Goodwin cannot demonstrate any “ownership” over the servers, since he merely paid for a service. Moreover, while conceding that Goodwin might have the right to assert his copyright, that is “not sufficient to establish that he has an ownership interest in the property that is the subject of his motion – the copies of his data, if any, which remain on Carpathia’s servers”.

The EFF also said that “the government … reviewed the content” of Goodwin’s files in what it says is an attempt to “shift focus to Mr. Goodwin, trying to distract both the press and the court from the government’s failure to take any steps … to protect the property rights of third parties either before a warrant was executed or afterward”.

However, it’s the government’s argument about property rights over files that The Register finds intriguing. While it seems to have the capacity, as stated by the EFF, to chill the cloud computing market, it’s an interpretation of intellectual property rights that would also be unwelcome in Hollywood. Content owners would hardly welcome a determination that the existence of a copy of data isn’t necessarily sufficient to establish ownership rights over that data. ®

Secure remote control for conventional and virtual desktops

More from The Register

next story
The Return of BSOD: Does ANYONE trust Microsoft patches?
Sysadmins, you're either fighting fires or seen as incompetents now
Microsoft: Azure isn't ready for biz-critical apps … yet
Microsoft will move its own IT to the cloud to avoid $200m server bill
Oracle reveals 32-core, 10 BEEELLION-transistor SPARC M7
New chip scales to 1024 cores, 8192 threads 64 TB RAM, at speeds over 3.6GHz
US regulators OK sale of IBM's x86 server biz to Lenovo
Now all that remains is for gov't offices to ban the boxes
Object storage bods Exablox: RAID is dead, baby. RAID is dead
Bring your own disks to its object appliances
Nimble's latest mutants GORGE themselves on unlucky forerunners
Crossing Sandy Bridges without stopping for breath
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Top 10 endpoint backup mistakes
Avoid the ten endpoint backup mistakes to ensure that your critical corporate data is protected and end user productivity is improved.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Rethinking backup and recovery in the modern data center
Combining intelligence, operational analytics, and automation to enable efficient, data-driven IT organizations using the HP ABR approach.
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.