When Megaupload and Kim Dotcom were raided early 2012, the U.S. Government seized 1,103 servers at Carpathia’s hosting facility in the United States.
Nearly four years have since passed and after all this time the servers are still gathering dust at a Virginia warehouse.
In recent weeks the issue has come to the forefront again. QTS, the company that owns the servers after it acquired Carpathia hosting, asked the court if it can get rid of the data which costs them thousands of dollars per month in storage costs.
This motion triggered a reply from former Megaupload user Kyle Goodwin who still hopes to retrieve his files and a few hours ago Megaupload’s legal team also submitted a comment, asking the court to add it as an official response.
Megaupload points out that the data on the servers must be preserved. Not only for the users’ sake, but also because they contain crucial evidence. The company plans to use this to its benefit in the criminal proceedings as well as the pending cases against the MPAA and RIAA.
The DOJ previously allowed the data hosted in Europe to be destroyed, they argue. If the same happens to the Carpathia servers various examples of Megaupload’s “copyright neutral technology” may disappear.
“The database servers can show safe harbor compliance. The web servers can show the copyright neutral nature of the interface design. The content servers in combination with other data can show fair use and substantial non-infringing uses and users,” Megaupload writes.
Thus far the U.S. Government has only copied a very small percentage of the total data and Megaupload fears that this may be “cherry-picked” to favor the Department of Justice’s case.
“The Government is burdened with a weak case to present in a criminal trial and it wants to prevent a strong defense,” Megaupload’s legal team writes.
“The Government cannot criminally and civilly indict all the revenues arising out of all the global users of the Megaupload cloud storage site in the largest copyright case in history while at the same time cherry picking a sliver evidence to retain for trial and throwing away the rest to manifestly prevent the mounting of a fair defense,” they add.
Megaupload’s legal team asks the court to instruct the Government to buy the servers and transfer them to a facility where they and other authorized parties can access them.
“The Government should bear the cost of such purchase and preservation,” the legal team write.
Before ruling on Megaupload’s request, District Court Judge Liam O’Grady first has to decide whether to accept its request to be heard in the matter. The Government is also likely to chime in, as they’re probably not in favor of the proposed solution.