MegaUpload Data Safe For The Time BeingBy: Zach Walton - April 10, 2012
The MegaUpload saga has turned out to be one of the most fascinating legal cases of our time. There was some worry last week that MegaUpload’s data on Carpathia’s servers was going to be deleted. This would have made the case far less interesting since that would remove one of MegaUpload’s main forms of defense. It seems that the data is fine now, at least for the time being.
Carpathia Hosting is refusing to delete the MegaUpload data from their servers according to a report from TorrentFreak. The US government told Carpathia that they should just delete the data, but many parties including MegaUpload, the EFF and the MPAA all objected for various reasons.
MegaUpload wants to use the data in their defense against the allegations that its site was a hive of villainy and copyright infringement. The EFF is representing a man who can’t access his data thanks to the take down. Finally, the MPAA wants the data in case they want to bring a lawsuit against MegaUpload themselves.
Carpathia is footing a pretty big bill for all of this. In the report last week, the hosting company claimed that it was paying upwards of $9,000 a day on upkeep for the servers. It brought forth a request that the US government reimburse them for keeping the data. The government responded by saying they already got the data they needed and that Carpathia was free to do what they want with the data.
All of this is now up to the court. The same court that MegaUpload, the EFF and the MPAA have all filed requests with to retain the data. Carpathia filed their own brief yesterday saying that they won’t do anything with the data until they get an opinion from the court. The reason being that the claims brought forth by the parties wanting the data hold merit in Carpathia’s eyes and they won’t move forward until they hear the court’s opinion.
Of course, this could all be avoided if MegaUpload could just buy the servers from Carpathia. They offered to do so on multiple occasions, but the U.S. government is blocking them from doing so. Things got even more muddled last week when the U.S. claimed that there was child porn on the servers which makes them contraband.
All the drama now leads up to us waiting on a court ruling. If the court says that Carpathia can delete the servers, they will do so. Here’s hoping the court allows MegaUpload to buy the servers back from Carpathia so the company can mount a proper defense.
As an aside, don’t forget that Kim Dotcom faces his extradition hearing in August. That will be one to watch as well. The MegaUpload Saga is just getting started. We’ll keep you up to date on any new developments.