From: Ira P. Rothken Sent: Saturday, March 10, 2012 12:41 AM To: [Leaseweb counsel] Subject: Re: LeaseWeb/MegaUpload Dear Bram, As you know the undersigned is Megaupload's US litigation counsel. This communication is in response to the correspondence regarding LeaseWeb/MegaUpload server issues, including, but not limited to, LeaseWeb’s letter of February 3, 2012 and subsequent email correspondence. As you have been made aware by Government authorities and the press, the U.S. government seized all assets of Megaupload Limited and its officers worldwide in January of this year. Accordingly, Megaupload is currently unable to use or transfer any funds absent an order of court. Relief is being sought in the US Courts in the near future. Mega is currently negotiating unfreeze and consumer data access issues with the US Attorneys's Office. Given the seizure of files and documents Mega does not have access to or otherwise cannot locate the LeaseWeb/MegaUpload “agreements” generally referred to in the February 3, 2012 letter, without which we are unable to provide a more informed response at this time. We request that you forward any and all such agreements, including LeaseWeb’s “acceptable use policy” referred to in the February 3, 2012 letter. Megaupload Ltd does not believe that is has violated any fair or enforceable acceptable use policies (located on the web on the Leaseweb site in English) and believes that the US indictment is wrong on the facts and wrong on the law. Megaupload does not believe, based on a review of Leaseweb form agreements found online, under the circumstances of surprise Government actions based on what appears to be flimsy and novel legal theories of criminal secondary liability (that seems to fit the language of an "act of god"), that it is in breach of any agreements with LeaseWeb. Megaupload strongly believes that it is not liable for copyright infringement or any other claims in the charges and that it will prevail in the US Action. Without further information and clarification by Leaseweb and possibly the Virginia Federal Court that has jurisdiction over the pending case we do not know what LeaseWeb would consider as amounts being, “above suspicion” or payed “in accordance with applicable law.” Megaupload is interested in seeing if it can negotiate a resolution with Leaseweb that is lawful in nature and if need be work with Leaseweb to gain the appropriate approvals in order to enhance peace of mind. We look forward to receiving the information and documents requested. Given the large constellation of likely litigation from the United States charges against Megaupload Ltd to the legal controversy herein between Leaseweb and Mega to the MPAA advising of potential copyright litigation against Mega to the EFF and other entities advising of imminent consumer class action lawsuit regarding worldwide consumer data access (See e.g.megaretrieval.com) that would arguably involve Leaseweb as a target given that Mega consumer data is on such servers --- Megaupload continues to request that LeaseWeb preserve any and all information, documentation and data related to MegaUpload - as destruction by Leaseweb would appear to be in violation of amongst other things the applicable civil litigation data preservation rules and would interfere with evidence in a criminal matter all of which may subject Leaseweb to varying degrees of liability. In addition, the Mega data on the servers at Leaseweb contain private and sensitive customer data and is subject to applicable privacy and data retention laws. Megaupload is negotiating with the United States to discern feasibility of consumer data access and the conditions for the same. Megaupload continues to explore options to relieve LeaseWeb of the above data preservation burdens, but options are limited by the unprecedented actions taken by the U.S. government to in essence close down the Megaupload cloud storage sites and seize its assets. Megaupload would like to try to negotiate an amicable solution to the above legal conundrum with Leaseweb via a purchase of the servers storing the Mega data and future payments amongst other things – similar to an agreement recently signed by Mega with Carpathia in the US. Obviously such agreement will need to be provided for review to applicable Government entities who may weigh in. Please advise if you are available for a call this coming week. In the alternative we would be willing to come meet with you in Amsterdam in about ten days to see if we can brainstorm a solution. If you have any additional questions please advise. Megaupload Ltd reserves all rights and nothing contained herein or omitted shall be considered a waiver. Mega looks forward to an amicable solution with Leaseweb – it will hopefully lead to protection of consumer data worldwide and legal data preservation compliance. Regards, Ira P. Rothken Rothken Law Firm Techfirm.com