Feeds

Files aren’t property, says US government

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

Top 5 reasons to deploy VMware with Tegile

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. ®

Beginner's guide to SSL certificates

More from The Register

next story
It's Big, it's Blue... it's simply FABLESS! IBM's chip-free future
Or why the reversal of globalisation ain't gonna 'appen
IBM storage revenues sink: 'We are disappointed,' says CEO
Time to put the storage biz up for sale?
'Hmm, why CAN'T I run a water pipe through that rack of media servers?'
Leaving Las Vegas for Armenia kludging and Dubai dune bashing
Microsoft and Dell’s cloud in a box: Instant Azure for the data centre
A less painful way to run Microsoft’s private cloud
Facebook slurps 'paste sites' for STOLEN passwords, sprinkles on hash and salt
Zuck's ad empire DOESN'T see details in plain text. Phew!
Windows 10: Forget Cloudobile, put Security and Privacy First
But - dammit - It would be insane to say 'don't collect, because NSA'
prev story

Whitepapers

Cloud and hybrid-cloud data protection for VMware
Learn how quick and easy it is to configure backups and perform restores for VMware environments.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Three 1TB solid state scorchers up for grabs
Big SSDs can be expensive but think big and think free because you could be the lucky winner of one of three 1TB Samsung SSD 840 EVO drives that we’re giving away worth over £300 apiece.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.