Jump to content

Copyrights: Legal hurdles to retrieving files from Megaupload


cloud1414

Recommended Posts

Megaupload users got a temporary reprieve this week when the companies that hosted the site's servers, Carpathia Hosting and Cogent Communications, agreed not to delete any Megaupload data for at least two weeks. But actually enabling users to retrieve their data won't be easy, given how their interests may conflict with those of copyright owners.

When the Justice Department shut down Megaupload and indicted top executives for criminal copyright infringement, users of the site lost access to the files they'd stored there -- precipitously and without warning. The department initially took an Alfred E. Newmann stance, saying users had been warned to keep backup copies of the files they uploaded. At least at first, prosecutors acted as if Megaupload was just another file-sharing service, not a platform that supported legitimate uses alongside unlawful ones.

The fact is, Megaupload's 50 million accounts included some unknown percentage of users who didn't infringe on anyone's copyrights -- for example, musicians and filmmakers who used the lockers to collaborate on large files. Preventing Megaupload users from accessing the files they've stored legitimately is potentially a violation of their 1st Amendment rights, argued Julie Samuels, a staff attorney with the Electronic Frontier Foundation. That's because they have a free-speech interest not just in their own creative works but in the works of others that they've legitimately acquired and shared. And the longer their access is blocked, the more problematic that is constitutionally.

The Justice Department reportedly has been having "productive conversations" with Megaupload about how to address the problem of lost files, Samuels said. But there are a host of legal and technical issues that remain to be addressed.

For starters, if a Megaupload file is copyrighted, how can the company make sure that the person who claims it has the right to download a copy? The answer may be as simple as having users submit affidavits attesting to the fact that the files they're accessing were in fact theirs, Samuels said. But what about files that may be illegal on their face, such as digital movie files stripped of their electronic locks? Should anyone be allowed to download those?

Then again, users with suspect files may be better off if the servers were erased before copyright owners could subpoena their contents. As it is, the Justice Department has copied at least some of the servers' contents, and copyright holders may be sorely tempted to check for evidence of high-volume infringers worth suing.

The EFF and Carpathia launched a website Tuesday, Megaretrieval.com, to gather information from "innocent users who stored legitimate, non-infringing files." According to Samuels, EFF attorneys want to give those users some say in what happens to Megaupload's servers. But it's not clear what responsibility, if any, the government has to preserve the data, or how long users can be denied access to their files.

"We’re on a fact-finding mission right now. I don't know the best way forward," Samuels said. "We're asking folks to take a second, take a deep breath, consider the rights of innocent third parties who are caught up in this dragnet and go from there."

http://opinion.latimes.com/opinionla/2012/01/copyrights-legal-hurdles-to-retrieving-files-from-megaupload.html

Link to comment
Share on other sites

I'ts all because of their hackers and their stupid NSA hack.

I don't recall NSA having anything to do with this; I thought it was the FBI. Even then, NSA should be more concerned with foreign matters larger than this.

There was a lot of uproar over people losing access to their personal files, so I can see them at least pretending they'll try to give people access to their own files. Hopefully people will be able to get their files back. Yes, people are supposed to keep backups, but if Megaupload was their backup and they lost their primary... how many backups can you reasonably expect people to keep?

Link to comment
Share on other sites

What's horrible is that many legitimate companies used Megaupload as a backup service.

And individuals who completely relied on Megaupload for important documents are now screwed.

It's really a shame that the government hasn't allowed us to access our files yet.

It is a shame for legitimate users. I don't think it fair that they should be punished but I wouldn't hold my breath regarding megaupload ever coming back online in any form whatsoever. If they gave me a price at the bookies to bet on it I'd bet against seeing them online again.

Link to comment
Share on other sites

Please sign in to comment

You will be able to leave a comment after signing in



Sign In Now
  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...
Please Sign In