back to article MPAA sympathetic to returning legitimate Megaupload files

The Motion Picture Ass. of America has indicated it wouldn't oppose users of the now-defunct Megaupload file-sharing service retrieving their data – if it isn't pirated. The Electronic Frontier Foundation (EFF) filed a legal suit with Megaupload user Kyle Goodwin for the return his files from the service, which was shut down …

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Flame

Wow, how generous

"The MPAA Members are sympathetic to legitimate users who may have relied on Megaupload to store their legitimately acquired or created data"

Gosh, that is *so* very generous of them. To actually consider graciously permitting innocent parties to access their own entirely legitimate data!

"If files are going to be handed back, then the MPAA needs to be sure that none of the material infringes copyright"

Why? It's their own data, it's none of the MPAA's business what it is. If they want to inspect it then they should show probable cause to a judge and get a warrant. And they can either get third parties to inspect it, or accept full liability if they are ever found to have later published something which might have been copied from that data. For instance suppose someone has a story idea in that data? If the MPAA seize and inspect that data then they had better never create anything based on that idea, whether or not they actually copied from it.

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Anonymous Coward

Makes you think

Makes you think twice about trusting a third party to hold you data in the 'cloud'.

It only takes a rumour for the MPAA to jump down your throat and get the courts to confiscate the servers.

Then you are truly butt f*****!

Now after many months they have become conciliatory, not much good if your business has gone down the tube is it.

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And

They will want to have a sniff around your files before they 'give them back' but I am sure they will keep a copy... Just in case.

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Re: Wow, how generous

> Why? It's their own data, it's none of the MPAA's business what it is. If they want to inspect it then they should show probable cause to a judge and get a warrant.

Plus, how will they determine that? It's a breach of copyright only if you distribute the stuff, as long as you paid for it you can store it on Megaupload for your own use, that doesn't breach copyright AFAIK.

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Meh

Re: Wow, how generous

Truly generous. No doubt they'll provide a fantastic method for users to get their own data back - once customers hand over personal details, sign disclaimers, cover "administration fees", "release fees", "storage fees", etc...

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WTF?

Re: Makes you think

Yeah, not only can the data be made unavailable, but even possibly permanently lost:

"US government investigators have warned that much of the information stored on the site may be lost"

WTF is that about?? If they seized the servers, they have the data. "may be lost" = "we deleted it" (whether accidentally or purposely). That is surely a crime (destruction of evidence, for one)

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Re: they have the data.

No they don't. They seized the servers, made the forensic copies, and returned the servers to their owners. The owners, who are not MegaUpload, expressed the desire to repurpose the servers because with their money impounded, MegaUpload are no longer able to maintain their contract. And by law, the police are only allowed to keep the information required for the trial. Also under the law, the police can't be held responsible for the loss of data or materials unless you can prove they were grossly negligent vis-a-vie the loss.

Yeah, it sucks if you're an innocent bystander caught in the mess.

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Anonymous Coward

Re: they have the data.

Well thought out answer.....

I got caught out when all my data was on some servers that a company sold off to a stupid fuck who then tried to charge a subscription to it and then gave no warning of switching them off.....

Yes!!!! Cloud Computing? Hosting probably.

Exclusive retention of data on said "other peoples servers", - My Arsehole.

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Of course the MPAA are going to be more conciliatory, the jobs done, the business is destroyed and the owners have been punished.

No need now to go to all that inconvenience of having trials and stuff

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Anonymous Coward

A way of avoiding a trial, a way of avoiding a defeat, a way of saving face and not being able to extradite the man himself.

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Anonymous Coward

Oh wow

This will mess with the heads of the copyright holder haters.

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Re: Oh wow

I don't see why. MPAA started a shitstorm and now -when the arrest is proved illegal and corrupt and it looks like they might have to hand the data back anyway- they start being fucking magnanimous? AFTER they've rifled through people's private stuff they might consider handing the data back.

MPAA are just as big a bunch of arsehats as they always were.

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Paris Hilton

SO THERE

I GET REALLY TIRED OF PEOPLE TRASHING THE MPAA NOW I ASK YOU WHAT COULD BE MOREFAIR AND GENEROUS THAN RETURNING UNCOUTNERFIET FILES

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Facepalm

Re: SO THERE

THE CATCH here is that MPAA wants an absolute rate of 0% counterfeit.

Not 0.00something%, not 5%...they don't allow for any tolerance, so ZERO.

You can NEVER GUARANTEE that compliance rate LAWFULLY unless you hire a JUDGE (ok, a lot of them) to examine MANUALLY EACH FILE and rule on its compliance.

A few days ago a research report came out that such a thing would costs roughly 50 BILLION USD in the case of all the videos on youtube.

This request from MPAA is around the same order of magnitude & impossibility.

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Facepalm

Re: SO THERE

I'm so glad you're continuing with these posts. When you did the first few I didn't get it, but then you came and explained the 'joke' using your normal account and I understood how hilarious you were being.

Keep it up, you're definitely not wasting your life.

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Paris Hilton

Re: SO THERE

IM DEEPLY DEPRESED BECAUSE IM NOT A SUAVE SOPHISTICATED BRITISH GENTLEMAN THANK YOU FOR CONDESCENDING DOWN TO MY PATHETIC LEVEL AND COUNSELING ME I FEEL LIKE GOD HIMSELF HAS SPOKEN TO ME

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Re: SO THERE

Don't feed the obvious troll.

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Anonymous Coward

Re: SO THERE

Still laughing about your Facebook shares? we all are.

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Re: SO THERE

Not taking them without proof in the first place?

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Anonymous Coward

Re: SO THERE

Nice to see you know your true place in the scheme of things, kowtow away.

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Devil

Re: SO THERE

Don't feel too bad about not having a bowler hat and a brown nose...

It could be worse you know.

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FAIL

"its investigators arrived in New Zealand, copied seven hard drives, and sent the information back to the US without local police knowing what was happening"

Soooo.... copying copyrighted information is theft when MPAA says it is, but copying copyrighted information that belongs to someone else is not theft when the FBI does it on the sly in a foreign country while acting as MPAA's lap dog?

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Unhappy

too little, too late

Who will actually expect to recover any files?

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Black Helicopters

Re: too little, too late

Who will actually expect to recover any files?

Anyone who has put stuxnet on it. I have no idea who that might be.

Linux. Retribution from the dogs.

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Joke

$9000/day storage cost?

How do they work that out then? By my rough maths, 25PB is approx 8500 x 3TB drives.

This is 120 odd BigYellow Medium cardboard boxes & some bubblewrap (£400ish). Storage approx £50/pw.

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G2

Re: $9000/day storage cost?

that "storage" is not ony hard drive space but physical space storage too.

the servers themselves might be powered down and sealed but that doesn't mean they have been moved, they still use up valuable datacenter space and resources...

however... i don't remember reading anywhere that the servers themselves have been powered down, only that they have been disconnected from the network.

factor in the wasted datacenter space, electrical power needed to keep servers and air conditioning running, routers, switches, UPSs, generators, building maintenance, security & staff, etc...

this all translates into costs and a huge revenue loss for the company operating the data center.

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Re: $9000/day storage cost?

Maybe that is what they were charging for the space / what they thing they can get from a new customer. But they get nothing while it's sitting there.

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Pirate

Re: $9000/day storage cost?

"How do they work that out then?"

Easy, it's the same method they used to arrive at the $22,500 per song damages in lawsuits.

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Paris Hilton

Re: $9000/day storage cost?

If you want a cheap datacentre solution - find a bloke called Dave in a east London pub who's got an empty garage and a old aircon machine - aka Dodgy Dave's Hosting Ltd. They would be a good fit for Megaupload, or Pukkaupaload as Dave would rather call it.

Paris cos she wants her home movies back that the feds stole!

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Anonymous Coward

What really annoys me...

Is the FBI claiming they haven't done anything wrong [in seizing the data] because the data is digital.

But when we we download say... a music track or video it's the same as stealing a physical copy?

Hypocrites, the fucking lot of them.

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Anonymous Coward

Re: What really annoys me...

...because YOU are technically ignorant.

Police have seizure powers for many crimes including piracy. Read a book. get an education.

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FAIL

@AC 21:34

Sorry, you are the f*king ignorant one - the FBI did that in ANOTHER COUNTRY and without the explicit approval of a local judge.

While some in the USA appear to believe their law applies everywhere, it dose not (though a few countries appear to lack the backbone to tell them, like the UK I live in).

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G2
WTF?

Re: What really annoys me...

@AC with "police have seizure..." blabla

FBI is not police and especially not outside the borders of the USA

the FBI agents were in New Zealand as simple visitors / tourists / consultants, not members of the NZ police force so they had no right to hijack potential evidence.

when members of other agencies around the world do the same thing inside the USA they get arrested, prosecuted and imprisoned for spying. Sometimes they get directly executed with a bullet/car "accident", skipping the arrest/prosecution/prison stage.

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Re: @AC 21:34

If the copyright holder is a U.S. company then the FBI most definitely can seize all content of a facilitator of piracy, aka copyright infringement. People should be careful where they store their digital data. A lesson by burn is a lesson you learn.

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FAIL

Re: @AC 21:34

Nope, the FBI can't seize anything that is outside of USA jurisdiction. Sadly the seem to believe that having a .com name puts you under USA law, something that other countries need to stand up to.

If you break the law in your own country, then you should be prosecuted there.

If your web activity is illegal in another country, tough. Why, for example, should I be subject to Sharia law (or a bastardized version of it) just because my web pages have an Iranian visitor?

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@Paul Crawford: Rule number 1

Defense attorneys lie. Especially in front of reporters. It's legal. They can even lie in court. So long as it isn't about a material fact and is phrased properly of course.

When in doubt about about whether a defense attorney is lying, refer to Rule #1.

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Hmm...

I wonder if those who have been harassed by the MPAA and successfully sued can now get their money back on account of that fact that since the master recording media weren't relocated no law was broken.

Or am I reading what the FBI is saying wrongly?

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It is a loophole in New Zealand law, the law as written only relates to physical items as it was written back before digital transmission of information was considered likely.

Yes the law needs an update to cover digital assets but that has not been done as I understand it (from local MSM coverage so probably is not 100% accurate or in any way complete)

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FAIL

Crown lawyer John Pike to undertake to return data that was not relevant to the trial, but Pike said this may not be possible.

"Police, to put it bluntly, would not have a clue what is relevant and what is not relevant. How could they?" he said.

If the police didn't have a clue what was relevant how the hell could they know enough to get a warrant?

How can the data have gone missing if the crimianals only took copies and sent the data to the home of Stuxnet or whatever lame flame they write?

Speakin go which, sinc etrh USA govt is responsible for a lot of the hacker outrages...

Ah stuff it!

I hope MegaUpload can manage to screw all and sundry.

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25 PETAbytes?

My goodness, but that's a lot of pron legal data.

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This post has been deleted by its author

Re: Really confused now me

You can keep you data wherever you please as long as you do not distribute/sell (w/o having the necessary rights)

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Facepalm

This is a difficult case - I'm torn between my distaste for the sanctimony of the Unite-States-bashers, my anger at the MPAA and friends, and my profound disgust for the slippery and loathsome Mr. Dotcom, with whom I am unfortnate enough to have personally communicated. He has the ego of Napoleon, the bulk of a butter factory, and more bluster than a decade of March mornings.

The Economist had it right. They ran a photograph showing a typically arrogant Kim sunk slightly into the waves of a lush tropica beach, arms triumphantly indicating a swimsuited and bored-looking girl, lying on her side in the serf... In the surf next to him.

"The beach sumo contest," dryly noted The Economist dryly, "was surprisingly one-sided this year."

Oy, what a schlemeil. If only my sense of greater good didn't require me to root for him...

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We get it, Kim Dotcom is a twat. Still doesn't explain the actions of Team America World Police.

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Unhappy

You are being sanctimonious.

I find it distasteful.

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