Excerpt from the long article:
There are all sorts of problems with the federal government's arguments against Megaupload. Even if the site and its founders are guilty of breaking the law, it's amazingly troubling to look at the details of how the government has gone about proving this. The most immediate situation, as we've been discussing, involves the handling of the data on Megaupload's servers.
Very soon after the raids, the feds told the hosting company that Megaupload used, Carpathia, that it no longer needed the data and that it could be destroyed. As we pointed out at the time, this made no sense at all. After all, the government is alleging that this content is at the center of a criminal conspiracy ring. So why would it want the evidence destroyed? Furthermore, it seems likely that there could be plenty of evidence on those servers that support Megaupload's case (ah, perhaps that's why the government wants it destoryed!).
Of course, since then, a bunch of parties, including Megaupload, EFF, Megaupload users and (oddly) the MPAA have gotten involved in trying to preserve the data, while the hosting firm, Carpathia has asked the court for permission to delete it, get paid for it, or have someone take it off their hands. Megaupload has specifically offered to pay Carpathia to get the servers, but since the government seized all its assets, it can't do that. Plus, the government has objected to this plan. Furthermore, the MPAA — which still wants the data preserved — has claimed that if the content goes to any third party it's infringement — and could lead to the revival of Megaupload.
Remainder of article in link.
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