The files on MegaUpload servers might be deleted even before the extradition hearing of MegaUpload founder Kim Dotcom begin.
According to the US Attorney’s Office leading the prosecution, the companies hosting Megaupload data might begin deleting data on 2nd February 2012. The prosecution have searched the servers and copied selected files required for the case. They did not take the server into custody and the servers are still with the hosting companies Carpathia and Cogent.
And since MegaUpload’s assets were frozen by the US Department of Justice, they are unable to pay the hosting companies. As a result, the hosting companies have the rights to delete the data.
This seems to be bad news for the defendants. MegaUpload need to prove to the court that there are legitimate use case for their service and majority of the files on MegaUpload are legal. With the files deleted, it is going to be difficult for the lawyer to prove their case.
And this also mean bad news for those with legitimate files on MegaUpload. Looks like you can kiss your files goodbye. Hope you guys have backups.
The United States Department of Justice has taken MegaUpload.com down. Founder Kim Dotcom, also known as Kim Schmitz, and 3 MegaUpload executives were arrested in Auckland, New Zealand at the request of US government under provisional arrest warrants. About 70 police, some armed, raided 10 properties and seized millions of dollars worth of assets.
Not sure if the DOJ have a case here. After all, MegaUpload is just a tool. They aren’t the ones who uploaded pirated materials on their site. It’s their users. MegaUpload might be protected by Safe Harbor.
And it is ridiculous to shut down the entire site just because people are using them for piracy. There are also legitimate files like Creative Commons and Open Source stuff on MegaUpload. Is it fair to shut down the service completely?
In response to the take down, hacker group Anonymous retaliated by attacking DOJ, RIAA, MPAA and Universal Music websites. Some of the websites were unaccessable during the attack.
Now, if only US Department of Justice spend more time and effort cracking down hackers, their site won’t be taken down today. In fact, it would be good if DOJ spend more time and effort on far more important stuff like Malware, Hacking, Identity Theft, Online Privacy etc….
The world almost didn’t get a chance to listen to the Megaupload Mega Song featuring artist like Will-i-am, P Diddy, Chris Brown, Jamie Foxx etc etc. Hours after the song was posted up on YouTube, it was removed due to copyrights claim by Universal Music Group.
Megaupload sued UMG and asked the court to stop UMG from blocking their promo video. According to Megaupload, they have signed agreements with every artist featured in the video. UMG does not have the rights to take down the video.
UMG even took down episode 391 of Tech News Today (scroll to 26:12 mark) which discuss this issue. Tech News Today clearly have fair use over this and they should be allowed to use part of the clip for news reporting.
Luckily for us, the video and Tech News Today episode 391 are now back on Youtube. This is not the first time DMCA has been abused and this will most likely not be the last.
Here’s the Megaupload Mega Song for your enjoyment.
PS: I don’t know about you, but I find the video pretty draggy and boring. I’ll most likely ignore the video if not for this saga.